Terms of Business
The following terms govern any client doing business with Policy TakeOver LLC.
This Terms of Use Agreement (“Agreement”) is entered into between You (referred to herein as “You” or “Client”) and Policy TakeOver LLC. The company offering the service is hereby known as Policy TakeOver LLC, Policy TakeOver, or Company/We.
By using any of the Policy TakeOver LLC products or services, You agree to be bound by the terms of this Agreement. If You are using the products or services on behalf of an organization, You agree to these terms for that organization and warrant that You have the authority to bind that organization and its affiliates to these terms.
Policy TakeOver LLC reserves the right to modify or replace the terms of this Agreement at any time in our sole discretion. We will notify You by email, using the address You provide, in the event that any modifications are made. Any modifications to this Agreement will be effective upon the date We provide You with such notice.
1. Commencement
Client agrees to pay Policy TakeOver LLC for all services rendered by Policy TakeOver LLC in accordance with this agreement. Services commence upon receipt of payment as noted in your registration.
2. Agreement & Termination
Most bill and regulatory monitoring and consulting services are for a period of 30 days to 1 calendar year, but will be specified on the agreement per package purchased. All sales are final. For ongoing services 6 months or longer, clients may cancel services via a 2-week written notice, e.g. email or letter.
3. Returns
All purchases are final. Once payment is received and order is in the stage of processed, all purchases are final.
4. Unexpected Delays
Infrequently, you may experience delays with your project. This can be due to circumstances beyond our control, such as unexpected bills and regulations proposed or further research needed for your project. Delays can also occur if you, the client, do not respond to us in a timely manner. By acknowledging this clause, you accept that some delays may occur beyond our control.
5. Warranties
Policy TakeOver LLC does not make any representation or warranty of any kind, whether express or implied, including without limitation any warranty of merchantability. Because Policy TakeOver LLC has no control over governmental policy, Policy TakeOver LLC is unable to guarantee your advocacy agenda will be turned into policy. The marketing strategy for your advocacy may change subject to our discretion and planning.
6. General Release of Liability
In no event shall Policy TakeOver LLC be liable for any special, exemplary, indirect, incidental, consequential or punitive damages of any kind or nature (including, without limitation, lost business or lost profits other than fees payable to Policy TakeOver LLC, or lost records or data, whether or not the possibility of such damages was disclosed or is reasonably foreseeable by such party, and whether in an action based on contract, warranty, tort or otherwise. Client agrees that for and in return for sufficient, good and valuable consideration for advocacy consulting services provided herein, the receipt and sufficiency of which is hereby acknowledged, do hereby release and forever discharge Policy TakeOver LLC, their agents, employees, successors and assigns, and their respective heirs, personal representatives, affiliates, successors and assigns, and any and all persons, firms or corporations liable or who might be claimed to be liable, whether or not herein named, none of whom admit any liability to the undersigned, but all expressly denying liability, from any and all actions, causes of action, lawsuits, claims and demands which I now have or may hereafter have, arising out of or in any way relating to any and all injuries and damages of any and every kind, to both person and property, and also any and all injuries and damages that may develop in the future, as a result of or in any way relating to the following: planning your goals for your advocacy issue, advocacy marketing material, reporting on bills and regulation, advocacy related documents and any consulting that is related in any way to the business activities of Client. It is understood and agreed that this release of liability is made in full and complete settlement and satisfaction of the aforesaid actions, causes of action, claims and demands; that this release contains the entire agreement between the parties; and that the terms of this Agreement are contractual and not merely a recital. Furthermore, this release shall be binding upon the undersigned and his/her respective heirs, executors, administrators, personal representatives, successors and assigns. It is the Client’s responsibility to verify that all graphics, logos, trademarks and/or text that Policy TakeOver LLC inserts within the advocacy marketing material, Advocacy One-Pager, etc is legally owned by the Client, or that the Client has received permission from the rightful owner(s) to use. Client will hold harmless, protect, and defend Policy TakeOver LLC and its employees from any liability or suit arising from improper use of such elements.
Disputes:
The Parties hereby acknowledge, understand and agree that charge-backs generally constitute a remedy used by any client/customer to reverse transactions made with credit or debit cards when a fraudulent use has occurred, or when there is a violation/breach by the service provider of any of the provisions of the agreement entered into between any such client/customer and the service provider. Therefore, the Client hereby acknowledges, understands and agrees that by signing/executing any Order Form, the Client authorizes the Company to assess all charges against the Client’s credit/debit card in compliance with the relevant/considered Order Form.
Thus, considering the foregoing, except for reasons of fraudulent use by the Company of the Client’s credit/debit card information or of a material violation/breach by the Company of the present Agreement and of the relevant/considered Order Form, the Client hereby agrees and undertakes not to dispute any charge assessed by the Company against the Client’s credit/debit card. Should the Client have any questions or objections regarding any charge assessed by the Company against the Client’s credit/debit card, the Client shall immediately contact the Company and try to solve/settle this issue in the most amicable and transparent manner possible. The Company shall then provide the Client with service summaries and good explanations within a reasonable time frame. Should a chargeback be processed bypassing the above method, the Company may pass over the client’s details and charged back amount to a credit agency for collection.
7. Choice of Law
Any dispute arising from this Agreement, including, without limitation, a breach of this Agreement, shall be governed by the laws of North Carolina. Client is responsible to pay legal expenses for dispute resolution. You expressly agree that exclusive jurisdiction for any dispute with Policy TakeOver, or in any way relating to your use of the Site, resides in the courts of North Carolina and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of North Carolina in connection with any such dispute including any claim involving Policy TakeOver. These Terms and Conditions are governed by the laws of North Carolina, without respect to its conflict of laws principles.
8. Confidentiality
During the performance of services, it may be necessary for either party to disclose or make available to the other certain confidential information or materials which are not generally known in the relevant trade or industry. Each party agrees that it will maintain the confidentiality of all Confidential Information of the other party, and shall not use or disclose the Confidential Information of the other for any purpose, except for the services to be performed here under.