Terms and Conditions
These Terms of Service are between Owner Actions Inc., an Ohio corporation (the “Company”, “Owner Actions”, “we,” “us,” or “our”) and you (“you,” “your,” or “yourself”). Acceptance of Terms of Service. By agreeing to subscribe to and using our subscription services, you are agreeing to these subscription “Terms of Service”, as well as the “Terms of Use” (here: https://www.owneractions.com/providers/terms) (the “Terms of Use”), and Owner Actions' Privacy Policy (here: https://www.owneractions.com/providers/privacy) (the “Privacy Policy”) both of which are incorporated herein by reference and referred to, along with these Terms of Service, as Owner Actions' “Terms of Service.” We may, at our sole discretion, modify these Terms of Service at any time, and your continued use will be deemed acceptance of such modifications. Subscription.
These Terms of Service govern your subscription of certain offerings provided to you via our site at www.owneractions.com (“Site”) and/or successor, affiliated or associated domains (collectively the “Website), and/or through various mobile or device-oriented apps and distribution platforms (collectively, the “Owner Actions Services”). Owner Actions Services are owned or licensed and operated and distributed by Owner Actions, Inc. and/or any and all of its affiliates (collectively referred to herein as “Owner Actions” and “we” and through similar words such as “us,” “our,” etc.). As part of the Owner Actions Services, we attempt to provide you with potential business leads (“Leads”) that may help you find new clients who may help you generate business revenue. In consideration of providing you with Leads we will charge you a Fee as further described below.
Leads. You acknowledge and agree Owner Actions is only providing you with Leads, generated through our Website that may or may not result in your obtaining new customers or generating any revenue though these Leads. Owner Actions Services works by creating Leads from business owners and other Website visitors who may be interested in the type of services you offer and then connecting you as a service provider with these Leads. If you meet our criteria for connecting to those parties, e.g., a match between your services and those sought by the Leads, the Leads geographic region and your service area, or other criteria we select, then we will provide you with contact information obtained from the Lead. Leads are provided to you on a first-come, first-serve basis to the first three firms purchasing our Lead offer.
Warranty Disclaimer. You understand that Leads are not referrals with individuals or organizations that we have a business relationship with. We do not represent or warrant the accuracy, completeness, or usefulness of any Leads. Any reliance you place on such information is strictly at your own risk. Owner Actions disclaims all liability and responsibility arising from any reliance placed on the Leads provided to you or any other visitor to our Website, or by anyone who may be informed of any of its contents. Likewise, we are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties on our website. All Leads are provided on an “AS IS” basis. TO THE FULLEST EXTENT PROVIDED BY LAW, OWNER ACTIONS 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.
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.
One Account Only. You may maintain only one service provider account (i.e., one user ID and password combination). If multiple accounts are found for a user, Owner Actions may cancel one or all of those accounts without providing notice to the service provider. Accounts are not transferable to any other users. You are solely responsible, and Owner Actions shall have no liability, for any activities associated with use of your login and password.
Payment. Owner Actions charges fees for access and use of the Owner Actions Services (“Fees”). By agreeing to these Terms of Service, you hereby agree to pay all Fees specified for the leads you are purchasing. All Fees are exclusive of applicable taxes (e.g., sales, use, or value-added tax), and you are responsible for payment of any such taxes imposed on your purchase of leads.
Fees. Owner Actions charges a fee based on the estimated value of the lead. This value estimate is fully discretionary based on our internal algorithm, which is subject to change at any time without notice to you.
Changes to Fees; New Fee-based Services. Owner Actions may increase the Fees in the future, launch new or modified services, and charge new or additional fees for such new or modified services. You will not be charged for any increased Fees or any services that are added to, or become fee-based as part of, this or another Offering unless you are notified of such increases or new Fees and given the opportunity to cancel the autorenewal of any subscribed Offering or access and use the new or modified Offering(s). Payment Methods. Owner Actions will charge any Fees or other payments you authorize, to the account and credit card you designate. You authorize the credit card or account you designate to pay any amounts described herein and authorize Owner Actions, or any other company that acts as a billing agent for Owner Actions, to continue to attempt to charge all sums described herein to your credit card or account when such Fees are owed and until such Fees are paid in full.
Credit Card Authorization. If Owner Actions permits you to use a credit card to pay for any Fees related to Owner Actions Services, you will be asked to provide Owner Actions with a credit card number from a card issuer that we accept. Owner Actions may seek pre-authorization of your credit card account prior to a purchase to verify the credit card is valid and/or has the necessary funds or credit available to cover your purchase. These pre-authorizations will reduce your available balance by the authorization amount until it is released or reconciled with the actual charge. Please contact your credit card issuer if you have additional questions regarding when an authorization amount will be removed from your statement.
Keeping Payment Info Up-to-date. You agree to update information regarding your credit card or account, as the case may be, promptly upon any changes or upon Owner Actions' request, including any time the previously provided or then-existing information is no longer valid. If payment is not received by Owner Actions from your credit card issuer or other payment method, you agree to pay all amounts due upon demand by Owner Actions. Failure to may timely payment may cause you to lose access to the lead. Non-refundable. All Fees charged are final and nonrefundable
Cancellation Policy. You may cancel at any time but you will only be able to cancel future charges associated with your account. Prior to the effectiveness of your cancellation, you may continue to enjoy the service at the same levels of access and benefits to the full extent of your membership.
Eligibility and Underage members. Our services are available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. Our services are not available to persons under 18 years of age. IF YOU ARE UNDER AGE 18, YOU MAY NOT USE OWNER ACTIONS’ SERVICES. WE DO NOT PERMIT MEMBERSHIP BY ANY CHILD UNDER 18 YEARS OF AGE. If you register, approve the registration of, or otherwise assume responsibility for any child, you represent and warrant that you are such child's legally authorized parent or guardian and you agree to be bound by the terms on behalf of such child, including without limitation being liable for all use of the Owner Actions Services by such child. Owner Actions is not obligated to verify the identity or age of any user, including any user’s claim to be a parent or child or any indication of his or her age, or to verify that a parent identified by a child or training group user is such child's actual legally authorized parent or guardian.
How to Unsubscribe from the service. You may unsubscribe from receiving emails from us at any time. To do so please contact Owner Actions at unsubscribe@owneractions.com. You can unsubscribe by following the instructions in the e-mail we send to you.
Right to Terminate. Notwithstanding anything to the contrary contained in these Terms of Service, we reserve the right to terminate or refuse your access to any Owner Actions Services due to your service quality, service complaints, or for any reason, at any time. No part of the Owner Actions Services are being offered as a public accommodation of any type or in any manner whatsoever.
No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Owner Actions as a result of these Terms of Service or your access to and use of the Owner Action Services.
Intellectual Property Rights. Our Limited License to You. This Site and all the materials available on the Site are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Service, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site.
Indemnification. You agree to defend, indemnify, and hold harmless Owner Actions, 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 Service or your use of the Website, including, but not limited to, your use of the Services, any use of the Website’s content, Leads, your provision of services and products to Leads, your agreement or relationship with Leads, or your use of any information obtained from the Website other than as expressly authorized in these Terms of Service.
Limitation of Liability. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL OWNER ACTIONS, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE IN ANY WAY OR 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 THIS CONTRACT OR ANY OTHER CONTRACT THAT MAY APPLY, OR OTHERWISE, EVEN IF FORESEEABLE. IN NO EVENT SHALL OWNER ACTIONS’, 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 THREE -HUNDRED US DOLLARS ($300.00) OR THE AMOUNTS PAID BY YOU TO COMPANY FOR THE TWO (2) MONTHS FOR THE SERVICES. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Governing Law. These Terms of Service, and all matters arising directly or indirectly from your access to or other use of our Services, shall be governed by and construed in accordance with the laws of the State of Ohio, without regard to its conflict of laws rules. All disputes arising out of or relating to these Terms of Service, 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 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 Service. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE 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.
Miscellaneous. These Terms of Service, including the Terms of Use and the Privacy Policy, form a legally binding agreement between you and Owner Actions in relation to your use of the Service. The Terms of Service constitute the sole and entire agreement between you and Owner Actions regarding the Service and Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website. You must be legally allowed to conduct business and work in the United States, and obtain any insurance, licenses, or permits necessary for the operation of your business. Owner Actions may, though it is not required to, perform its due diligence to verify the foregoing details as well as other business license or credentials claimed by you. You are solely responsible for complying with all federal and state laws and regulations, including workplace safety, health regulations, and any other applicable laws, rules, or regulations for your business. Owner Actions takes no responsibility to ensure such compliance and is available only as a tool for you to connect with potential customers as a service provider. By accessing and using the Service, you agree to accept and be bound by these terms. Please do not use the Service if you do not accept all of the terms of this Agreement. You acknowledge and agree that Owner Actions may amend any terms of these Terms of Service at any time by posting the relevant amended and restated version on the Website. The amended terms shall be effective immediately upon posting. By continuing to use the Service, you agree that the amended terms will apply to you. These Terms of Service may not otherwise be amended except in writing by an authorized officer of Owner Actions. No waiver by Owner Actions of any term or condition set out in these Terms of Service 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 Owner Actions to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service 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 Service will continue in full force and effect.
