Business Terms and Conditions
I. THE TELL THE BOSS SERVICE
- Services Defined. TELL THE BOSS, INC. ("TELL THE BOSS") provides business owners and organizations (“Clients”) our trademarked service to collect feedback from their customers, and provides tools to help them receive the data quickly and efficiently in various proprietary formats. Our service may also provide a variety of tools and resources to create and manage surveys and feedback offerings. For purposes of this Agreement the term "Services" shall mean all the above mentioned products and related offerings.
- From time to time, TELL THE BOSS may modify the terms and conditions of this Agreement and/or the Policies. All such changes shall become effective immediately upon posting of the revised Agreement and/or Policies on TellTheBoss.com. Your use of the Services denotes your acceptance of the Terms and/or Policies.
- Changes in Services Offered. TELL THE BOSS reserves the right to change the Services that we offer, and our prices or fees related to such Services at any time. If this change affects you, we will provide you notice of the change on your billing statement or by other communication method. In the event of a change in the content of any Services, you understand and agree that we have no obligation to replace or supplement the products or other Services previously offered that have been discontinued or otherwise changed.
II. BILLING POLICIES AND PAYMENTS FOR SERVICES
- You agree to pay all amounts billed for Services you receive from TELL THE BOSS. Unless other arrangements have been made, your credit card will be taken at time of signup and billing will occur monthly thereafter on the same day each month. In some cases, a 30-day trial may occur before billing begins. You hereby authorize TELL THE BOSS to charge your credit card on a regular monthly basis, continuing until your account is cancelled or terminated.
- You may cancel Service at any time. You may change your product selection at any time by notifying us in writing or verbally.
- If payment is not received 30 days after the due date, this may result in a possible interruption in service. If payment is not received 60 days after the due date, TELL THE BOSS may, at its discretion, discontinue, terminate or suspend the Services and delete all Customer Data from its systems, in each case, without incurring any liability to TELL THE BOSS.
- If there are billing errors or other requests for credit, you may contact Customer Service by telephone at (888) 744-2855, or email at info@TellTheBoss.com. within 60 days of the billing statement.
- Either party may cancel or terminate the Service at any time for any reason.
- Deletion of Information. Upon cancellation or termination, TELL THE BOSS reserves the right to delete from its servers any and all information contained in Client’s account, including Client’s setup information (e.g., its users, user IDs, passwords), and all customer feedback received during their subscription to TELL THE BOSS.
IV. THIRD PARTY CONTENT, LINKS, INTEGRATION AND SERVICES
- All feedback cards, placards, or other media (“Media”) displayed in the Client’s places of business must display the words "Powered by TellTheBoss.com®” in at least 6 point Helvetica or similar font, unless other arrangements have been agreed to in writing from TELL THE BOSS.
V. CUSTOMER INFORMATION AND DISCLOSURE
- TELL THE BOSS collects email addresses of those who communicate with us via email, SMS of those who communicate with us via SMS, aggregate information on the website pages consumers access or visit, and information volunteered by the Customer (such as feedback and sometimes contact information if requested).
- The information we collect may used by the Participating Client to improve the quality of their business. It is also used by TELL THE BOSS to improve the content of our Web pages, the quality of our service, or for purposes of message delivery and is not shared with or sold to other organization for commercial purposes, except to provide products or services you’ve requested, when we have your permission, or if it is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of Terms of Service, or as otherwise required by law.
- If, however, you have voluntarily consented by providing your contact information to TELL THE BOSS, we and/or the TELL THE BOSS Participating Client may contact you for various purposes by various means, such as postal mail, email, text message, or telephone.
VI. EMAIL AND PASSWORDS
PASSWORDS: You are responsible for maintaining the security of your account information and password. TELL THE BOSS will not be liable for any loss or damage from your failure to do so.
VII. PROHIBITED CONTENT AND COMMERCE.
TELL THE BOSS, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of TELL THE BOSS service, for any reason at any time.
- You are responsible for promptly notifying us of a change in your name, address, email, and phone numbers by logging in to your account and entering the new information.
- Applicable Law. This Agreement, including all matters relating to its validity, construction, performance and enforcement, shall be governed by applicable federal law, the rules and regulations of the Federal Communications Commission, and the laws and regulations of the state and local area where Service is provided. These terms and conditions are subject to amendment, modification or termination if required by such regulations or laws. If any provision in this Agreement is declared to be illegal or in conflict with any law or regulation, that provision may be deleted or modified, without affecting the validity of the other provisions.
- Other. This document contains the entire Agreement between TELL THE BOSS and you, the Customer. TELL THE BOSS may periodically change the terms and conditions of this Agreement and will become effective immediately upon posting on the TellTheBoss.com website.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS TELL THE BOSS FROM AND AGAINST ANY AND ALL CLAIMS, PROCEEDINGS, INJURIES, LIABILITIES, LOSSES, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEY FEES), INCLUDING, BUT NOT LIMITED TO, CLAIMS ALLEGING NEGLIGENCE OR INFRINGEMENT AGAINST TELL THE BOSS OR ITS SERVICE, RELATING TO OR ARISING OUT OF YOUR BREACH OF ANY TERM OF THIS AGREEMENT, OR YOUR MISUSE OF THE TELL THE BOSS SERVICE.
X. WARRANTY DISCLAIMER
YOU UNDERSTAND AND AGREE THAT THE TELL THE BOSS SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TELL THE BOSS MAKES NO WARRANTY THAT THE ITS SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; NOR DOES TELL THE BOSS MAKE ANY WARRANTY AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES (INCLUDING THIRD PARTY CONTENT), THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED OR THAT THE SERVICES WILL BE COMPATIBLE WITH ANY OTHER SPECIFIC HARDWARE OR SERVICE. FURTHER, TELL THE BOSS DOES NOT WARRANT THAT THE SERVICES OR THE TELL THE BOSS SERVERS THAT PROVIDE YOU WITH DATA AND CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT TELL THE BOSS) ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION. TELL THE BOSS AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE SERVICES, OR SOFTWARE, INCLUDING ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON- INFRINGEMENT OF THIRD PARTY RIGHTS.
XI. LIMITATION OF TELL THE BOSS'S LIABILITY
IN NO EVENT WILL TELL THE BOSS OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, USE OF CUSTOMER INFORMATION, LOSS OF DATA, BUSINESS INTERRUPTION, OR OTHER INDIRECT, CONSEQUENTIAL, SPECIAL, OR INCIDENTAL DAMAGES OF ANY NATURE ARISING FROM OR RELATING TO YOUR USE OF THE TELL THE BOSS SERVICES, OR USE OF THE SERVICES THROUGH YOUR ACCOUNT BY ANYONE ELSE, EVEN IF TELL THE BOSS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CASE WILL TELL THE BOSS'S TOTAL CUMULATIVE LIABILITY TO YOU, FOR ANY AND ALL CLAIMS UNDER ANY THEORY OF LAW, EXCEED THE AGGREGATE AMOUNT YOU PAID TO TELL THE BOSS IN THE PRECEDING TWELVE MONTHS. YOU UNDERSTAND THAT THESE LIMITATIONS OF TELL THE BOSS AND TELL THE BOSS' SUPPLIERS' LIABILITY ARE A FUNDAMENTAL PART OF THIS AGREEMENT.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Additionally, this provision is not intended to limit TELL THE BOSS's liability in the event of TELL THE BOSS's willful or intentional misconduct.
XII. FORCE MAJEURE
TELL THE BOSS will not be liable or deemed to be in default for any delay or failure in performance under the Agreement resulting directly or indirectly from acts of nature or causes beyond its reasonable control, including acts of war, acts of God, earthquake, flood, embargo, riot, sabotage, labor shortage or dispute, governmental act, failure of the Internet, or failure by other suppliers, service providers or carriers.
XIII. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all previous proposals, both oral and written.
XIV. DISPUTE RESOLUTION AND ARBITRATION
- Attempt to Resolve. All disputes concerning the Agreement and/or Services shall be resolved by the following process:
- Customer must first document any claim or dispute to TELL THE BOSS in writing by emailing info@TellTheBoss.com..
- If Customer's claim or dispute cannot be resolved within sixty (60) calendar days, and Customer elects to continue dispute, Customer must request arbitration as provided below.
- Arbitration. Except as expressly provided below, any controversy or claim arising out of or relating to this Agreement or the breach thereof, shall be settled by final and binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. Judgment on the award rendered by the arbitrator may be entered in a court of competent jurisdiction. Arbitration will be conducted by a single arbitrator.
- Waiver of right to trial. Customer understands and acknowledges that it is waiving the right to have any dispute heard by a jury and determined in a court of law.
- No Punitive Damages. The parties agree that this Agreement evidences a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the Federal Arbitration Act and federal arbitration law. The parties agree that they will not seek, and an arbitrator may not award, relief in excess of or contrary to what this Agreement expressly provides, and an arbitrator may not award punitive damages. The parties further agree that an arbitrator may not order consolidation or class arbitration. Each party will bear the costs of arbitration equally but each is responsible for its own attorney fees in arbitration and legal proceedings.
- Arbitration Confidentiality. Any arbitration shall be confidential, and neither Customer nor TELL THE BOSS may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. If any portion of this arbitration clause is determined by a court to be inapplicable or invalid, the remainder shall still be give force and effect.
- Waiver of Punitive Damage Claims and Class Actions. By this Agreement, both Customer and TELL THE BOSS are waiving certain rights to litigate a dispute in court. If for any reason this arbitration clause is deemed inapplicable or invalid, Customer and TELL THE BOSS both waive, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages and any right to pursue any claims on a class or consolidated basis or in a representative capacity.
- Governing Law. For any matter not subject to arbitration, Customer and TELL THE BOSS agree to submit to the personal and exclusive jurisdiction of U.S. District Court, or in alternatively, other civil court with jurisdiction in Orange County, California. The laws of the State of California shall govern this Agreement, without regard to its conflict of law provisions.
- Not a waiver. TELL THE BOSS's failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or the court should endeavor to give effect to the parties' intentions as reflected in the provision, and agree that the other provisions of the Agreement remain in full force and effect.