Terms and Conditions of Service
These Terms and Conditions ("Terms") govern use of websites, products, and services provided by Captain Joe LLC and, where expressly stated, its brands, assumed names, operating divisions, and protected series (collectively, the "Services"). Service-specific estimates, work orders, statements of work, leases, subscriptions, program agreements, invoices, or supplemental terms may add to these Terms. If a service-specific written agreement conflicts with these Terms, the service-specific agreement controls for that service to the extent of the conflict.
1. Acceptance and Authority
By ordering, authorizing, accessing, paying for, or using Services, you agree to these Terms and applicable service-specific terms. If you act for a business or other organization, you represent that you have authority to bind it.
2. Services and Availability
Captain Joe LLC may provide technology and web services, educational or mentorship services, mobile or field services, consulting, physical or digital products, rentals or leases, and other lawful services described in an estimate, order, invoice, website, or separate agreement. Not every service is available to every person or location. Availability may depend on geography, law, licensing, insurance, equipment, technical capability, scheduling, payment method, safety, or other reasonable business limitations.
3. Estimates, Authorization, and Changes
Unless expressly stated otherwise, estimates are based on information reasonably available when prepared and are not guarantees of final cost. Discovery of additional conditions, customer-requested changes, parts availability, third-party charges, travel, taxes, or additional labor may change price or completion time. Work outside an agreed scope requires customer authorization when reasonably practicable. Emergency, safety, preservation, or diagnostic actions may be addressed in a service-specific agreement.
4. Prices, Deposits, Payment, and Taxes
Prices, deposits, retainers, recurring charges, service-call charges, diagnostic charges, travel charges, parts, materials, shipping, and taxes will be disclosed in the applicable offer, estimate, work order, invoice, subscription, or agreement. Payment is due as stated there. Captain Joe LLC may use PayPal or other disclosed processors for online and card-present transactions. A payment processor may impose separate terms.
Except where prohibited by law, Captain Joe LLC may suspend work or access for overdue amounts and may recover reasonable collection costs to the extent legally permitted. Customer-initiated chargebacks or payment disputes do not eliminate amounts legitimately owed under an agreement. Nothing in these Terms restricts rights provided by applicable card-network, payment-provider, or consumer-protection law.
5. Cancellations, Refunds, and Non-Refundable Charges
Refund and cancellation rights are governed by the Captain Joe LLC Refund and Cancellation Policy and any service-specific agreement. Amounts attributable to completed services, earned diagnostic or service-call charges, authorized labor, consumed materials, delivered digital goods, custom work, special-order or nonreturnable items, travel already performed, or other earned charges may be non-refundable to the extent permitted by law and disclosed before or at purchase.
6. Customer Responsibilities
- Provide accurate information and timely access, approvals, credentials, equipment, property, or materials reasonably required to perform the Services.
- Disclose known hazards, defects, modifications, access restrictions, security requirements, and other conditions material to the work.
- Back up data before technology work when reasonably possible and maintain appropriate independent backups.
- Use Services lawfully and not interfere with systems, security, intellectual property, or the rights of others.
- Review estimates, work orders, invoices, deliverables, and notices promptly and report material errors within a reasonable time.
7. Customer-Supplied Parts, Materials, Data, and Content
Unless a service-specific agreement states otherwise, Captain Joe LLC does not warrant customer-supplied parts, materials, equipment, software, data, or content and is not responsible for defects inherent in them. Customer represents that it has necessary rights and permissions for materials or content supplied to us.
8. Intellectual Property
Captain Joe LLC retains ownership of its pre-existing tools, methods, templates, training materials, software, documentation, trademarks, logos, know-how, and other intellectual property. Ownership or license rights in custom deliverables will be governed by the applicable service agreement. No rights are transferred except those expressly granted in writing.
9. Third-Party Services
Services may depend on third parties such as payment processors, telecommunications carriers, hosting providers, registrars, software vendors, parts suppliers, shipping carriers, or online platforms. Their products, availability, policies, outages, pricing, and actions are outside our direct control. We are not responsible for a third party beyond obligations imposed on us by applicable law or an express written agreement.
10. Communications and Electronic Records
You consent to receive transactional communications electronically at contact information you provide. Marketing calls or texts will be sent only as permitted by applicable law and consent. Electronic records, approvals, signatures, messages, and payment records may be used to document transactions to the extent permitted by law.
11. Warranties and Disclaimers
Any express warranty will be stated in the applicable service agreement, invoice, or product documentation. EXCEPT FOR EXPRESS WARRANTIES AND RIGHTS THAT CANNOT LEGALLY BE DISCLAIMED, SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CAPTAIN JOE LLC DISCLAIMS IMPLIED WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY LAW, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT WHERE APPLICABLE.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CAPTAIN JOE LLC AND ITS APPLICABLE PROTECTED SERIES, MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOSS OF USE, OR LOSS OF DATA, ARISING FROM THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, AGGREGATE LIABILITY FOR A CLAIM WILL NOT EXCEED THE AMOUNT PAID TO CAPTAIN JOE LLC FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM DURING THE SIX MONTHS PRECEDING THE EVENT, OR $500 IF NO SUCH PAYMENT WAS MADE. This limitation does not apply where prohibited by law or to liability that cannot lawfully be limited.
13. Indemnification
To the extent permitted by law, you agree to defend, indemnify, and hold harmless Captain Joe LLC and the applicable protected series, members, managers, employees, contractors, and agents from third-party claims, losses, liabilities, and reasonable costs arising from your unlawful conduct, breach of these Terms, infringement or misuse of third-party rights, or materials you provide, except to the extent caused by conduct for which indemnification may not lawfully be required.
14. Suspension and Termination
We may refuse, suspend, or terminate Services for nonpayment, unsafe conditions, unlawful use, abuse, fraud, security risk, material breach, lack of required access or cooperation, or another reasonable business or legal ground. Accrued payment obligations and provisions that by their nature should survive termination remain effective.
15. Disputes, Governing Law, and Venue
Before filing a lawsuit, the parties should make a good-faith attempt to resolve the dispute directly, except where immediate relief is reasonably necessary. These Terms are governed by Florida law, without regard to conflict-of-law rules. To the extent a forum-selection clause is enforceable, state or federal courts having jurisdiction in Duval County, Florida will be the exclusive venue for disputes arising from these Terms, unless a service-specific agreement states otherwise or applicable law requires another forum.
16. Force Majeure
Captain Joe LLC is not responsible for delay or failure caused by events beyond reasonable control, including severe weather, disaster, fire, utility or communications failure, labor disruption, supply-chain interruption, government action, war, civil disturbance, cyberattack, third-party platform outage, or transportation interruption, except for obligations that cannot lawfully be excused.
17. Changes; Severability; Waiver; Entire Agreement
We may update website Terms prospectively by posting a revised effective date. Changes do not retroactively alter a signed service agreement unless the parties agree or law permits. If a provision is unenforceable, it will be limited or severed to the minimum extent necessary and the remainder will continue. Failure to enforce a provision is not a waiver. These Terms together with applicable service-specific documents constitute the agreement for the relevant Services.
18. Contact
Captain Joe LLC
1324A Gettysburg Drive
Orange Park, FL 32065
Phone: (904) 902-1323
Website: https://www.captainjoellc.com
Email: legal@captainjoellc.com