Terms of Service for Brian Cooke | BCedX

Last updated: August 12, 2025

Please read these terms and conditions carefully before using Our Service.

Purpose and Agreement to Terms

These are the Terms and Conditions governing the use of Our Service and the agreement that defines rights and obligations of all users who access and use BrianCooke.me | BCedX (ie. the Website) as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected to the Website.

Please note:

  • Our Service is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Website.
  • We are committed to protecting your privacy and being transparent about our data practices. By using Our Service, you agree to the collection and use of information as detailed in our Privacy Policy.
  • Our Service is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.) — if your interactions with Our Service would be subjected to such laws, you may not use the Website.
  • Unless otherwise indicated, all content on the Website—including its source code, designs, text, and photos—is our exclusive or licensed property. All of this proprietary material is protected by United States and international copyright, trademark, and other intellectual property laws.
  • We are not responsible for any third-party websites or content you may access from a link on the Website. It is your responsibility to review and accept the terms and policies of any third-party sites you visit.
  • The information on this Website is not intended for use in any location where it would violate local laws. If You choose to access the site from such a place, You are solely responsible for ensuring your use of the Website complies with your local laws.
  • These Terms and your use of the Website are governed by and construed in accordance with the laws of the State of New Mexico applicable to agreements made and to be entirely performed within the State of New Mexico, without regard to its conflict of law principles.
  • We reserve the right to modify the Terms at any time. Changes will be posted on this page. By continuing to access or use Our Service, You agree to be bound by the revised terms. We encourage you to review these Terms periodically. We will notify you in advance by email if we make any significant material change to the Terms.

Thank you for visiting and using our Website!

By accessing or using Our Service You agree to be bound by these Terms and Conditions. If You disagree with the Terms, please discontinue use of Our Service immediately and do not access the Website.

~ brian cooke

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

  • Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
  • Country refers to: The State of New Mexico, United States of America
  • Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Brian Cooke | BCedX, 9719 Candelaria NE 22035, Albuquerque NM 87111.
  • Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
  • Service refers to the Website.
  • Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
  • Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
  • Website refers to Brian Cooke | BCedX, accessible from https://briancooke.me
  • You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions - then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy before using Our Service.

Intellectual Property Rights

Unless otherwise indicated, the Website is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions.

Provided that you are eligible to use the Website, you are granted a limited license to access and use the Website and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Website, the Content and the Marks.

User Representations

By using the Website, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Website through automated or non-human means, whether through a bot, script, or otherwise; (6) you will not use the Website for any illegal or unauthorized purpose; and (7) your use of the Website will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof).

User Registration

You may be required to register with the Website. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a user name you select if we determine, in our sole discretion, that such user name is inappropriate, obscene, or otherwise objectionable.

User Data

We will maintain certain data that you transmit to the Website as detailed in our Privacy Policy for the purpose of managing the performance of the Website, as well as data relating to your use of the Website. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Website.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Corrections

There may be information on the Website that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Website at any time, without prior notice.

Modifications and Interruptions

We cannot guarantee the Website will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Website, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Website at any time or for any reason without notice to You. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Website or to supply any corrections, updates, or releases in connection therewith.

Copyright Infringement

We respect the intellectual property rights of others. If you believe that any material available on or through the Website infringes upon any copyright you own or control, please immediately notify Us by email or via the Website using the contact information provided below. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations of a copyright infringement. Thus, if you are not sure that material located on or linked to by the Website infringes your copyright, you should consider first contacting an attorney.

Site Management

We reserve the right, but not the obligation, to: (1) monitor the Website for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use; (3) otherwise manage the Website in a manner designed to protect our rights and property and to facilitate the proper functioning of the Website.

Fair and Reasonable Use

The content and Service provided on this Website are for Your personal, non-commercial use. Fair and reasonable use means using the Website in a manner that does not interfere with the experience of other users, compromise the security of the website, or exceed the intended purpose of the site. We reserve the right to monitor usage and, in our sole discretion, suspend or terminate access for any user who violates these fair and reasonable use guidelines.

Restriction on Commercial Use

This website and its content are provided for your personal, non-commercial education, enjoyment, information, learning, and development.

If you are interested in using any part of the Website for commercial purposes, you must first request and obtain a separate, written agreement from the Company, Brian Cooke | BCedX.

Endorsement or Permission from Brian Cooke | BCedX

You may not use the name of the Company, Brian Cooke | BCedX, the Website, or any of our trademarks, logos, or other intellectual property, in any way that implies an endorsement, affiliation, or sponsorship without our prior written consent.

Prohibited Activities

You may not access or use the Website in connection with any commercial endeavors except those that are considered Fair and Reasonable Use or for a purpose that is specifically endorsed or approved the Company as outlined in the Terms.

Specific prohibited activities include, but are not limited to:

  • Using the Website in any way that is unlawful, fraudulent, or harmful.
  • Except as may be the result of standard search engine or Internet browser usage – automated data scraping, crawling, or any similar data extraction methods.
  • Manual or automated retrieval and indexing of data and Content from the Website to build or contribute to a database, collection, compilation, or directory without written permission from us.
  • Using or launching any unauthorized script or other software to access or use the Website.
  • Copying or adapting the Website’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
  • Unauthorized framing of or linking to the Website.
  • Attempting to gain unauthorized access to any part of the website, server, or database.
  • Introducing any malicious code, viruses, or other harmful components.
  • Impersonating another person or entity.
  • Deleting the copyright or other proprietary rights notice from any Content.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of the Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice.

Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Website; (2) breach of these Terms.

Governing Law

These Terms and Conditions and your use of the Website are governed by and construed in accordance with the laws of the State of New Mexico applicable to agreements made and to be entirely performed within the State of New Mexico, without regard to its conflict of law principles.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

Informal Negotiation

Before either You or we can initiate a formal legal process, both parties agree to first attempt to negotiate any Dispute informally. This negotiation period must last for at least ninety days. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration

lf the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved through binding arbitration.

The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website: www.adr.org.

lf for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in New Mexico.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other proceeding; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which You are resident.

United States Legal Compliance

You represent and warrant that (1) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (2) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us: