Last Modified: September
24th, 2022
1.
Acceptance of the Terms
of Use
These terms of use
are entered into by and between you (“You”) and Owner Actions Inc. an
Ohio Corporation (”Company”, “Owner Actions” “we” or “us”).
The following terms and conditions, together with any documents they expressly
incorporate by reference (collectively, these “Terms of Use”), govern
your access to and use of the website [ www. https://www.owneractions.com ] including any content,
functionality, services, or subscriptions offered on or through Company’s website
(the “Website”), whether as a guest or a registered user. This includes
the use of the Website, email notifications, checklists, invitations to connect
with service providers, and any related applications or subscription services
provided by us (collectively, the “Services”).
Please read the Terms of Use carefully
before you start to use the Website and/or any Services. By using the
Website or by clicking to accept or agree to the Terms of Use when this option
is made available to you, you acknowledge that you have read, understand,
accept and agree to be bound and abide by these Terms of Use and our Privacy
Policy, found at www.owneractions.com/privacy (the “Privacy Policy”)
incorporated herein by reference. If you do not want to agree to these
Terms of Use or the Privacy Policy, you must not access or use the
Website.
This Website is offered and available to users who are 18 years of
age or older. By using this Website, you represent and warrant that you are of
legal age to form a binding contract with the Company. If you do not meet all
of these requirements, you must not access or use the Website. If you are under
18, you represent and warrant that you have your parent’s or guardian’s
permission to use this Website. Please have them read these Terms of Use with
you. If you are a parent or legal guardian of a user under the age of 18, by
allowing your child to use the Website, you are subject to these Terms of Use
and responsible for your child’s activity on the Website.
If you are using the Website on behalf of a company or organization, you
represent that you have authority to act on behalf of that entity, and that
such entity accepts these Terms of Use.
2. INFORMATION WE
COLLECT ABOUT YOU AND HOW WE COLLECT IT
We
collect several types of information from and about users of our Website,
including information:
- by which you may be personally
identified, such as name, postal address, e-mail address, telephone
number, credit card information, and any other identifier by which you may
be contacted online or offline (”personal information”); - that is about you but individually does
not identify you, such as gender, year of birth, job title and industry;
and/or - about your internet connection, the
equipment you use to access our Website, and usage details.
We
collect this information:
- Directly from you when you provide it to
us; - Automatically as you navigate through the
Website. Information collected automatically may include usage details, IP
addresses, and information collected through cookies, web beacons, and
other tracking technologies; and - From third parties, for example, our
business partners.
3. INFORMATION YOU PROVIDE TO US.
The
information we collect on or through our Website may include:
- Information that you provide by filling
in forms on our Website. This includes information provided at the time of
registering to use our Website, subscribing to our service, posting
material, or requesting further Services. We may also ask you for information
when you enter a contest or promotion sponsored by us, and when you report
a problem with our Website; - Records and copies of your correspondence
(including email addresses) if you contact us; - Your responses to surveys that we might
ask you to complete for research purposes; and - Your search queries on the Website.
You
also may provide information to be published or displayed (hereinafter, “posted”)
on public areas of the Website, or transmitted to other users of the Website or
third parties (collectively, “User
Contributions”). Your User Contributions are posted on and
transmitted to others at your own risk. Although we limit access to certain
pages for such information by logging into your account profile, please be
aware that no security measures are perfect or impenetrable. Additionally, we
cannot control the actions of other users of the Website with whom you may
choose to share your User Contributions. Therefore, we cannot and do not
guarantee that your User Contributions will not be viewed by unauthorized
persons.
4. REFUSAL OF SERVICE
All services are subject
to our acceptance. We reserve the right to refuse service any person, or entity
without assigned reason. Full refunds are available prior to the start of a
project. Partial refunds may be available if a project is canceled by Owner
Actions, Inc, all refunds are at the full discretion of Owner Actions, Inc.
5. LAWFUL PURPOSES
You attest that you will not
infringe on the patents/trademarks/copy rights of others. You may only use the
site and services for lawful purposes.
6. ORDER CONFIRMATION
You will receive an auto
generated receipt confirming your purchase. If you do not receive an emailed receipt,
please contact info@owneractions.com
to confirm the purchase was completed and the correct email address was provided.
7. Refund Policy
No refunds are available
after the commencement of work. Full refunds are available prior to the submission
of the intake questionnaire and/or initial interview.
8. No guarantees of
outcomes
Owner Actions, Inc. makes no guarantees of outcomes, funding or
other success. All plans are offered on a best efforts and good faith based on
past experience and knowledge. Buyers acknowledge that no refunds are allowed
for partial or fully completed work and holds Owner Actions, Inc., contractors,
and affiliates harmless for any alleged damages or losses as a result of
content and/or strategy delivered.
9. Changes to
the Terms of Use
We may revise and update these Terms of Use from time to time at
our sole discretion and without notice to you. All changes are effective
immediately when we post them and that our posting of such changes constitutes
notice to you of such revised Terms of Use and shall apply to all access to and
use of the Website thereafter. Your continued use of the Website
following the posting of revised Terms of Use means that you accept and agree
to the changes. You should check this page each time you access this Website so
you are aware of any changes, as they are binding on you.
10. Links to Other Websites; Third Party Advertising;
Compensation; Affiliate Links Disclaimer, Sponsored Content disclaimer, and
General Advertising
Some of the
information appearing on our Website may be delivered to you by our advertising
partners. Information about your visit to a partner site, such as number of
times you have viewed an ad is used to serve ads to you. All other information
shall be shared in accordance with our Privacy Policy. If the Website contains
links to other sites and resources provided by third parties, these links are
provided for your convenience only. This includes links contained in
advertisements, including banner advertisements and sponsored links. We have no
control over the contents of those sites or resources, and we do not endorse
(unless explicitly stated), sponsor, recommend, or otherwise accept any
responsibility for them or for any loss or damage that may arise from your use
of them (regardless of whether we have endorsed any such links or resources).
Links to any websites or resources do not imply any endorsement by or
affiliation with us. The reviews contained here are done based on our opinions.
However, please note that if you choose to click on any of the links, we may
receive a commission. If you decide to access any of the third-party websites
linked to this Website, you do so entirely at your own risk and subject to the
terms and conditions of use for such websites.
Affiliate Disclaimer. We may link to various websites
for which we may make a commission through our affiliate links. For the
avoidance of doubt, the links we share for affiliate products or services do
not mean we endorse anything on those websites. Accordingly, we do not provide
any warranties with respect to the products or services linked to on our
site.
Promotions,
Sponsorships, and Advertisements. We may partner with brands and
provide promotion to other businesses. We accept forms of cash advertising,
sponsorship, paid insertions, or other forms of compensation from third parties
referred to on the Site. All advertising is in the form of advertisements
generated by a third-party ad network. Those advertisements will be identified
as paid advertisements. Any claim, statistic, quote, or other representation
about a product or service should be verified with the provider or party in
question.
From time to
time, you may enter into correspondence with or participate in promotions of
the advertisers showing their products on this Site. Any such correspondence or
promotions, including the delivery of and the payment for goods and services,
and any other terms, conditions, warranties, or representations associated with
such correspondence or promotions, are solely between you and the advertiser.
We assume no liability, obligation, or responsibility for any part of any such
correspondence or promotion.
11. Governing Law
and Jurisdiction
These
Terms of Use shall be governed and interpreted pursuant to the laws of the
State of Ohio United States of America, notwithstanding any principles of
conflicts of law.
All disputes arising out of or relating to these Terms of Use, the
Privacy Policy, the Website, the Products or Services or any other document or
legal notice or agreement found on the Website shall be finally resolved by
arbitration conducted in the English language in Columbus, Ohio, U.S.A. under
the commercial arbitration rules of the American Arbitration Association. All
decisions of the arbitrator shall be final and binding on both parties and
enforceable in any court of competent jurisdiction. Under no circumstances
shall the arbitrator be authorized to award punitive damages, including but not
limited to federal or state statutes permitting multiple or punitive damage
awards. Any purported award of punitive or multiple damages shall be beyond the
arbitrator’s authority, void, and unenforceable. BY AGREEING TO THESE TERMS AND
CONDITIONS OF USE, YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL OR TO PARTICIPATE
IN A CLASS ACTION AND YOUR RIGHT TO HAVE A COURT HEAR CLAIMS ARISING IN
CONNECTION WITH THESE TERMS AND CONDITIONS OF USE, AMONG OTHER WAIVERS OF
RIGHTS SET FORTH HEREIN. Notwithstanding the foregoing, we shall be entitled to
seek Equitable Relief in a court of law as set forth in these Terms of Use.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO
THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED BY YOU WITHIN ONE (1) YEAR
AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS
PERMANENTLY BARRED.
12. Disclaimer of
Warranties
You
understand that we cannot and do not guarantee or warrant that files available
for downloading from the internet or the Website will be free of viruses or
other destructive code. You are responsible for implementing sufficient
procedures and checkpoints to satisfy your particular requirements for
anti-virus protection and accuracy of data input and output, and for
maintaining a means external to our site for any reconstruction of any lost
data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS
OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER
TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT,
COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE
WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR
DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR
USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE
WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR
ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS
AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES
ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY,
RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT
LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE
COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES
OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE,
OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER
THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR
THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL
OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO
THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES
OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT
NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS
FOR PARTICULAR PURPOSE.
THE
FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED
UNDER APPLICABLE LAW.
13. Limitation on
Liability
TO
THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS
AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS,
OR DIRECTORS BE LIABLE UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION
WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY
CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY INDIRECT, SPECIAL,
INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO,
PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS
OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF
GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE),
BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. IN NO EVENT SHALL
COMPANY’S, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS’, EMPLOYEES’,
AGENTS’, OFFICERS’, OR DIRECTORS’ AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO
THE SERVICE EXCEED THE GREATER OF ONE HUNDRED US DOLLARS (US $100.00) OR THE
AMOUNTS PAID BY YOU TO COMPANY FOR THE PAST SIX MONTHS FOR THE SERVICES. THE
FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED
UNDER APPLICABLE LAW.
14. Indemnification
You
agree to defend, indemnify, and hold harmless the Company, its and their
affiliates, licensors, and service providers, and its and their respective
officers, directors, employees, contractors, agents, licensors, suppliers,
successors, and assigns from and against any claims, liabilities, damages,
judgments, awards, losses, costs, expenses, or fees (including reasonable
attorneys’ fees) arising out of or relating to your violation of these Terms of
Use or your use of the Website, including, but not limited to, your use of the
Interactive Services, any use of the Website’s content, Services, and products
other than as expressly authorized in these Terms of Use or your use of any information
obtained from the Website.
15. Waiver and
Severability
No
waiver by the Company of any term or condition set out in these Terms of Use
shall be deemed a further or continuing waiver of such term or condition or a
waiver of any other term or condition, and any failure of the Company to assert
a right or provision under these Terms of Use shall not constitute a waiver of
such right or provision.
If
any provision of these Terms of Use is held by a court or other tribunal of
competent jurisdiction to be invalid, illegal, or unenforceable for any reason,
such provision shall be eliminated or limited to the minimum extent such that
the remaining provisions of the Terms of Use will continue in full force and
effect.
16. Entire
Agreement
The
Terms of Use and the Privacy Policy, constitute the sole and entire agreement
between you and the Company regarding the Website and supersede all prior and contemporaneous
understandings, agreements, representations, and warranties, both written and
oral, regarding the Website.
17. No
Partnership
You agree that no joint venture, partnership, employment, or
agency relationship exists between you and the Company as a result of these
Terms of Use or your access to and use of the Services.
18. Your Comments
and Concerns
This
Website is operated by Owner Actions,
Inc.
info@owneractions.com.
All
notices of copyright infringement claims should be sent to the copyright agent
set forth in Section 10.
All
other feedback, comments, requests for technical support, and other
communications relating to the Website should be directed to:
info@owneractions.com.
