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Terms and ConditionsTheOwner2023-05-25T08:53:52-05:00
Terms and Conditions
Last Revised: 3/21/2018
PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE TERMS AND CONDITIONS CONTAIN A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT IMPACT YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES.
These Terms of Use (the “Terms“) govern your access to and use of TheOwnerConsultant.com and its subdomain(s) (BusinessRehab.TheOwnerConsultant.com (the “Site”), including our websites, mobile applications, and email notifications (collectively, the “Services“). Your access to and use of the Site and the Services are conditioned on your acceptance of and compliance with these Terms.
1. YOUR ACCEPTANCE OF THE TERMS OF USE
Our Terms include Our Privacy Policy. By accessing, visiting, or browsing the Services, you accept and agree to these Terms. If you do not agree to these Terms, do not use the Services.
2. CHANGES TO THESE TERMS OF USE
We reserve the right to change these Terms from time to time with or without notice to you. The most current version will always be posted at //BusinessRehab.TheOwnerConsultant.com/terms-and-conditions. You acknowledge and agree that it is your responsibility to periodically review the Site and these Terms. Your continued use of this Site and Services after such modifications will constitute acknowledgement and acceptance of the modified Terms.YOUR PRIVACY
We take your privacy very seriously. Your personally identifying information (“PII”) is subject to our Privacy Policy (found at https://businessRehab.TheOwnerConsultant.com/privacy-policy which is incorporated and made a part of these Terms. It is your responsibility to review the Privacy Policy carefully before using the Services. By using our Services, you agree that we can collect and use your PII in accordance with our Privacy Policy.
3. YOUR PRIVACY
We take your privacy very seriously. Your personally identifying information (“PII”) is subject to our Privacy Policy (found at https://businessRehab.TheOwnerConsultant.com/privacy-policy which is incorporated and made a part of these Terms. It is your responsibility to review the Privacy Policy carefully before using the Services. By using our Services, you agree that we can collect and use your PII in accordance with our Privacy Policy.
4. YOUR USE OF THE SERVICES
A. Eligibility. You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service.
B. Email. You acknowledge that we will use the email address you provide as the primary method for communication.
C. Accurate Information. To access this site, site resources, links or other content, you may be asked to provide certain registration details or other information. It is a condition of your use of this site that all the information you provide will be correct, current, and complete
D. International Use. Although the Services may be accessible worldwide, we make no representation that materials on this Site are appropriate or available for use in locations outside the United States. Those who choose to access the Services from other locations do so on their own initiative and at their own risk. If you choose to access the Services from outside the United States, you are responsible for compliance with local laws in your jurisdiction, including but not limited to, the taxation of products purchased over the Internet. Any offer for any product, Service, and/or information made in connection with the Services is void where prohibited.
E. Security of User Accounts. Your account is for your use only. You agree to (1) choose a strong and secure password, (2) keep your password secure and confidential, and (3) not share your account or your password with others. You accept full responsibility for all activity conducted through your account. You agree to notify us immediately of any actual or suspected loss, theft, or unauthorized use of your account or password. We expressly disclaim any and all liability for the accessing of any such data communications by unauthorized persons or entities.
F. Your Responsibilities. You are solely responsible for complying with all applicable accounting, tax and other laws. While the Services may assist you in tracking the time of your employees, they are not meant to perform any accounting or tax-related functions. By using the Services, you agree that TheOwnerConsultant, its representatives, employees, and owners are not accountable in any manner for your tax or legal obligations or liabilities. You retain sole responsibility for reporting, collection, and payment of any and all taxes to the proper governing bodies. You will indemnify and hold TheOwnerConsultant harmless from any obligation to pay any governmental entity any employer statutory taxes, withholding taxes, social security taxes or other taxes, levies or duties in connection with TheOwnerConsultant’s performance under this Agreement, and from any and all damages, losses, liabilities and expenses (including reasonable attorneys’ fees and costs of litigation) arising out of or resulting therefrom. You acknowledge and understand that taxes may vary by country, federal, state, county, local, and district, location of sale, and other factors, and that it is your sole responsibility to comply with your tax obligations
5. PAYMENT
A. Paid Features. The Services may include paid or subscription-based features (“Paid Features”). You must provide your current credit card information to use the Paid Features. All payment information is processed by one of our third-party payment processors (such as PayPal); we do not store your credit card information.
B. Authorized Credit Card Holder. By providing your credit card information to us or to one of our payment processors, you represent that you are the authorized user of the card, PIN, key or account associated with that credit card.
C. Billing Authorization. By subscribing to or paying for a Paid Feature, you authorize us to charge your credit card on a one-time or monthly basis for your use of the Paid Features according to the rates posted on the Site. You understand and agree that we will charge and process your fees using a third-party payment processor. We may also require you to provide your address or other information in order to comply with our obligations under applicable tax law.
You also agree to allow us to charge your credit card, as needed, for other charges that you may accumulate in connection with your use of the Paid Features.
Your failure to fully pay any amounts due within 72 hours from the applicable due date is a material breach of this Agreement, and may result in TheOwnerConsultant suspending or terminating the Services and this Agreement, in its sole discretion.
A subscription may have multiple user accounts. By subscribing to a paid feature, you (a) agree to pay the fees associated with the user accounts that you add to your subscription; and (b) accept full responsibility for all activity conducted through the user accounts associated with your subscription.
D. Billing Cycles. For subscription-based Paid Features, we will automatically bill your credit card each month on the day that corresponds with the start of your subscription (each such month, a “Billing Cycle”). If you subscribed on a date not contained in a given month, we will bill your credit card on the last day of that month. For example, if you became a subscriber on January 31, we will bill your credit card on February 28.
Changing your credit card information may change the day on which you are billed. You acknowledge that the amount billed each Billing Cycle may vary due to promotional offers, changes in your subscription plan, and changes in applicable taxes, and you authorize us to charge your credit card for the corresponding amounts.
E. Price Changes. We reserve the right to adjust pricing in any manner and at any time as we may determine in our sole and absolute discretion. For subscription-based Paid Features, we will notify you of any price changes to your subscription. Any changes to our subscription pricing will take effect following email notice to you. We will not be able to notify you of changes in any applicable taxes.
F. Third Party Fees. The issuer of your credit card may charge you a foreign transaction fee or other charges for payments to us. It is your responsibility to check with your credit card issuer regarding these details.
G. Payment Information and Billing
1. Editing Personal Information. You have the ability to control and edit the billing information you provide to us by signing into your account and clicking on the “MY ACCOUNT” page. 2. Current Billing Information Required. You must provide us with your current billing information, and you are responsible for ensuring its accuracy. You are responsible for any charges associated with an expired card, insufficient funds, or additional charges that incur for any other reason. 3. Changed Billing Information. In the event that you change card or billing information, you continue to be responsible to pay the uncollected amounts and authorize us to continue billing your new card, as it may be updated.
H. Cancelling Your Subscription. For subscription-based Paid Features, you may cancel your subscription at any time and for any reason. Visit the “MY ACCOUNT” page at the top right of the website and follow the directions for cancellation. Cancellations are subject to our no refund policy listed below. We recommend that you download your data prior to cancelling your subscription.
I. NO REFUNDS. ALL PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED BILLING CYCLES. Following any cancellation, however, you will continue to have access to the Service through the end of your current billing cycle.
J. Taxes. Our fees and rates are exclusive of all taxes, levies, or duties imposed by taxing authorities. You are responsible for all taxes, levies, duties, or similar governmental assessments of any nature (including, for example, value-added, sales, use or withholding taxes) imposed on the Services provided under this Agreement.
6. INTELLECTUAL PROPERTY
A. Proprietary Information. All content found on the Site and the Services (the “Content”) is the copyrighted and trademarked intellectual property of Company or its licensors. No rights or title to any of the works contained on the Site or the Services shall be considered transferred or assigned to you.
B. License to use the Services. TheOwnerConsultant grants you a personal, worldwide, royalty-free, non-assignable, non-transferable, and non-exclusive license to access and use the Site and the Services during the term of this Agreement. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services in the manner permitted by these Terms.
C. Limitations on Use of Content. Except for a single copy made for personal use, you may not copy, reproduce, modify, republish, upload, post, transmit, display, send, perform, publish, license, create derivative works from, transfer, sell, or distribute any Content in any form or by any means whatsoever without prior written permission from us.
D. Submissions. Subject to our Privacy Policy, any communication or material that you transmit to the Site or to us, whether by email or other means, for any reason, will be treated as non-confidential and non-proprietary user content (“User Content”). While you retain all rights to the User Content, you hereby grant to us a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated by you to us through the Site (hereinafter, the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. You agree that we will not be bound to treat any Submission as confidential, and may use any Submission in our business (including without limitation, for products or advertising, or as a testimonial) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in our future operations or business.
You are responsible for your use of the Services and for any User Content you provide, including compliance with applicable laws, rules, and regulations. You should only provide Content that you are comfortable sharing with others.
E. Trademarks and Copyrights. Trademarks, service marks, logos, and copyright works appearing on the Site or the Services are and will remain the exclusive property of Company and its licensors. Nothing in the Terms gives you a right to use the TheOwnerConsultant name or any trademark, logo, domain name, or other distinctive brand feature of the Site or the Services.
7. TERMINATION
You agree that we may, under certain circumstances and without prior notice, immediately terminate your account and/or access to the Services. Cause for such termination shall include, but not be limited to:
1. breaches or violations of the Terms or other incorporated agreements or guidelines,
2. requests by law enforcement or other government agencies,
3. a request by you (self-initiated account deletions),
4. discontinuance or material modification to the Site (or any portion thereof),
5. unexpected technical or security issues or problems,
6. extended periods of inactivity,
7. nonpayment of any fees owed by you in connection with the Services,
8. you create risk or possible legal exposure for us, or
9. our provision of the Services to you is no longer commercially viable.
Termination of your account may include removal of access to all offerings within the Site; deletion of your information, files, and User Content associated with or inside your account; and barring of further use of the Services. Further, you agree that all terminations for cause shall be made in our sole discretion and that we will not be liable to you or any third party for any termination of your account or access to the Site or the Services.
In the event of termination, we will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account.
Upon termination of your account, your right to use the Services and to access the Site and any Content will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of your access to and use of the Services shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability which you otherwise may have to Company, including without limitation any indemnification obligations contained herein.
8. DISCLAIMERS, WARRANTIES AND LIMITATIONS OF LIABILITY
A. Limitation of Liability. You agree that, to the extent permitted by applicable law, your sole and exclusive remedy for any problems or dissatisfaction with the Services is to request that your account be deleted and to stop using the Services.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL COMPANY, ITS OFFICERS, EMPLOYEES, AGENTS, DIRECTORS, MEMBERS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS OR LICENSORS BE LIABLE FOR (i) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER COMPANY HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (ii) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES WILL NOT BE MORE THAN THE AMOUNTS PAID BY YOU TO COMPANY DURING THE PRIOR THREE MONTHS IN QUESTION.
B. Internet Delays. THE SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS THAT ARE ASSOCIATED WITH THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. WE ARE NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM THESE PROBLEMS.
C. Warranty Disclaimer. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTIES, CONDITIONS, REPRESENTATIONS OR GUARANTIES OF ANY KIND, EITHER EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, TITLE, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT ITS SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE SERVICES WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA. YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY AN AUTHORIZED REPRESENTATIVE OF COMPANY WILL CREATE A WARRANTY.
D. Exclusions and Limitations. Some states and/or jurisdictions do not allow the exclusion of implied warranties or for liability limitations to be placed on certain types of damages (including incidental or consequential damages). Nothing in these Terms is intended to exclude or limit any condition, warranty, right or liability that may not be lawfully excluded or limited.
E. Third-Party Websites. The Site may contain links to third party websites or resources that are outside our control and not covered by these Terms. Links to such websites or resources do not imply any endorsement by us of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. Company disclaims (a) all responsibility and liability for content on third-party websites and (b) any representations or warranties as to the security of any information (including but not limited to credit card and other personal information) that you might be requested to give any third party, and you hereby irrevocably waive any claim against Company with respect to such sites and third-party content.
F. Indemnification. You agree to indemnify and hold Company, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, members, and contractors (the Indemnified Parties) harmless from any breach of these Terms by you, including any use of Content other than as expressly authorized in these Terms. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.
9. DISPUTES
A. Choice of Law and Forum. You expressly agree that Your rights and obligations, these Terms, and any disputes related thereto shall be governed by and interpreted in accordance with the laws of the State of New Mexico, excluding its choice of law rules. Unless subject to arbitration as set forth in the following paragraphs, any claim or dispute between you and Company that arises in whole or in part from these Terms or the Services shall be decided exclusively by a court of competent jurisdiction located in Bernalillo County, New Mexico. You consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
B. Informal Dispute Resolution. We want to address your concerns without needing a formal arbitration. Before filing a claim for arbitration against us, you agree to try to resolve the dispute informally by contacting us at the email address at the bottom of this document. We will try to resolve the any dispute informally by contacting you through email.
C. Agreement to Arbitrate. You and we agree that any dispute, claim, or controversy between you and us arising in connection with or relating in any way to these Terms or to your relationship with us as a user of the Services (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of these Terms), will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement. You and we further agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope or validity of the Arbitration Agreement or to the arbitrability of any claim or counterclaim. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney fees), except that the arbitrator may not award any relief, including declaratory or injunctive relief, benefiting anyone but the parties to the arbitration. This arbitration provision will survive termination of the Agreements.
A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail, Federal Express, UPS, or Express Mail (signature required), or in the event that we do not have a physical address on file for you, by electronic mail (“Notice”). Our address is 317 Commercial St. Suite A, Albuquerque, NM 87102. The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought (“Demand”). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 60 days after the Notice is received, you or we may commence an arbitration proceeding. For quicker response, please send any Notice to our email address below.
The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. The arbitration will be conducted based upon written submissions unless you request, and/or the arbitrator determines, that a telephone or in-person hearing is necessary.
D. No Class Actions. You and we each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
E. Attorney Fees. If any lawsuit, arbitration, or other proceeding is instituted by any party against another party to enforce any of the terms or conditions of this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and court costs from the non-prevailing party.
10. MISCELLANEOUS
A. Entire Agreement. These Terms and our Privacy Policy constitute the entire agreement between the you and us regarding the Services, and supersede any prior agreements between you and us regarding the Services.
B. No Waiver. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
C. Severability. If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this agreement shall otherwise remain in full force and effect and enforceable.
D. Force Majeure. Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Company’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation, labor disturbance, war, fire, accident, or governmental act or regulation.
E. Assignment. These Terms are not assignable, transferable or sublicensable by you except with our prior written consent. All of our rights and obligations under these Terms are freely assignable by us in whole or in part at any time without your consent.
F. No Third-Party Beneficiaries. These Terms do not confer any third-party beneficiary rights.
G. Reservation of Rights. We reserve all rights not expressly granted to you.
The Site and the Services are operated by TheOwnerConsultant, LLC (referred to herein as “Company,” “We,” “Us”, or “Our”). You may contact the operator of this site by mail at:
