Last Modified: March 22, 2019
Acceptance of Terms
Welcome and thank you for your interest in OA Cheddar, owned and operated by OA Cheddar LLC and its subsidiaries (collectively referred to as “the Company,” “OA Cheddar,” “We,” “Us,” or “Our”). The Company is the operator of websites located at www.oacheddar.com and www.oafeta.com (collectively referred to as the “Service,” “Website” or the “Platform”). By subscribing to the Service or by otherwise using the Platform, you agree to be bound by the following Terms and Conditions.
This is a legally binding contract between you (“You,” “Your,” “User” or “Subscriber”) and the Company regarding your use of the Services offered by the Company. PLEASE CAREFULLY READ THE TERMS BEFORE PROCEEDING TO USE THE SERVICE. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT SUBSCRIBE TO OUR SERVICE AND IMMEDIATELY EXIT THE WEBSITE.
The Platform is not available to any User who has previously been banned by the Company. By subscribing to the Service, you represent that you are at least 18 years of age or the age of majority, whichever is greater, in your country or state of current residence.
If you are creating an account for a legal entity, you represent and warrant to the Company that you have the requisite authority and capacity to act on behalf of such individual or entity and to bind the former to this Agreement.
IF YOU ARE UNDER THE AGE OF THIRTEEN YEARS, YOU MAY NOT ACCESS THIS WEBSITE, AND YOU ARE EXPRESSLY FORBIDDEN FROM PROVIDING ANY PERSONAL INFORMATION TO US.
We reserve the right to add new Platform features and functionality, modify any existing features as well as amend any provision of this Agreement. Any changes in features and functionality will become effective from the date of implementation on the Platform. If we make any amendments to any provision of this Agreement, we will notify you by updating the last modified date on the top of the web page where these Terms appear. It is solely your responsibility to review these terms regularly. The Company will not assume any liability arising from your failure to review the Terms.
From time to time we may be required to carry out scheduled or unscheduled Platform maintenance including but not limited to testing, repairs, upgrades and other similar tasks. Under such circumstances, we may have to deactivate or suspend your access to the Platform temporarily. The Company shall not be liable to indemnify the User for any loss, damage, costs or an expense that the User may suffer or incur, as a result of such deactivation or/and suspension.
We may also invite Users to participate in Platform testing that we believe will assist us in developing features or functionality that our Users will find useful. As a subscriber, you consent to us contacting you via email regarding such user testing opportunities.
The Company may in its sole discretion choose to offer any paid subscription plans to you on an initial free trial basis. Free trials are for a fixed period and will expire on the specified date regardless of whether you used the service during the trial period or not. You may be requested to provide a valid credit card or other payment information at the time you sign up for the free trial. Please note that your chosen payment method will be authorized for the full subscription fee, according to your selected subscription plan, at the time you sign up but your account will not be charged. To continue using the service at the end of your free trial, you will be required to pay the full subscription fee according to your chosen plan. Your paid subscription will be governed by Subscriptions, Payments, and Cancellation Policy as outlined in this Agreement.
You understand and accept that Company uses free trials to increase its marketing reach and therefore free trials can only be used once per User. You understand and accept that the free trial period is offered to you by the Company under this Agreement and by joining the free trial period you agree to abide by all applicable terms of this Agreement.
Subscription, Payments, and Cancellation Policy
The Company currently offers various monthly subscription plans to suit different User needs. Once you select your preferred plan and subscribe to the service by making the first payment, you will start receiving the leads according to your selected plan at the email address provided by you during the registration process.
All subscription plans and accompanying subscription fees are listed on our Website and quoted in USD. You will be billed according to your subscription plan (plus applicable taxes) when you first subscribe and each month thereafter, on an automatically recurring basis until subscription cancellation.
You must cancel your subscription before the end of your current billing cycle to avoid being billed for the following month.
All subscription payments are deemed to be fully earned on the day your account is billed. We do not offer any partial refunds should you decide to cancel your subscription before the end of your current billing cycle.
We currently use Stripe payment processor to process all subscription payments. Please note that the Company does not store or process any credit card details, and all your sensitive payment information is collected and managed by Stripe, Inc.
The Company reserves the right to modify any plans, subscription fees, payment, cancellation, and refund policy at any time by amending these Terms. In the event of any change in subscription fees which requires you to pay higher fees, than you paid in the last billing cycle, we will give you at least thirty (30) days notice before billing you the increased amount. Such notice will be deemed to have been given on the date we send the notification email to you. If you do not agree with such change in subscription fees, your sole remedy is to cancel your subscription.
In the event we do not receive your subscription fee when it was due and payable, we will attempt to contact you at the email address provided by you during registration. We reserve the right to terminate your subscription in the event of non-payment. You hereby grant the Company the right to continue its attempt to bill your selected payment method for up to 90 days for failed payments. Please note that we will not be held responsible for any claims relating to loss of data, loss of revenue or lost opportunity as a result of the termination of your subscription resulting from any non-payment of your subscription fee.
You acknowledge that membership of any plan is subject to availability and the Company is under no legal or moral obligation to accept any member. We may in our sole discretion refuse to accept any member without providing any reason for our refusal.
No Guarantee of Income
The Company is unable to offer any guarantees as to any income during the term of this Agreement. You accept full responsibility for your financial performance during this Agreement. You understand and accept that your income depends on your own individual capacity, expertise, experience, and efforts. The Company is unable to assume any responsibility for your success or offer any guarantees of any nature whatsoever.
You understand and accept that the Company does not have any control or influence on any customer’s decision to acquire your product on any third-party marketplace. The Company will not be held liable for your success or failure to achieve any specific financial or career goals during this Agreement.
ALL INFORMATION AVAILABLE ON OUR WEBSITE IS MADE AVAILABLE BY THE COMPANY FOR YOUR GENERAL INFORMATION PURPOSES ONLY. YOU ACKNOWLEDGE THAT THIS INFORMATION IS PROVIDED TO YOU BY THE COMPANY ON AN “AS-IS” AND “AS-AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OF WARRANTIES OF ANY NATURE, EXPRESS OR IMPLIED.
THE COMPANY WILL NOT ASSUME ANY LIABILITY FOR ANY ERROR, OMISSION OR INACCURACY OF ANY INFORMATION ON THE WEBSITE. IN THE EVENT YOU IDENTIFY ANY ERRORS, OMISSIONS OR INACCURACIES ON OUR WEBSITE, PLEASE BE SO KIND TO INFORM US AT TEAM@OACHEDDAR.COM OR THROUGH THE CONTACT FORM ON OUR WEBSITE AND PROVIDE US WITH THE LINK TO THE PAGE WHERE YOU FOUND THE ERROR. WE WILL TAKE STEPS TO RECTIFY ANY REPORTED ERRORS WITHIN 21 DAYS OF RECEIPT OF YOUR EMAIL.
FROM TIME TO TIME, WE MAY HAVE THIRD-PARTY GUESTS WHO ARE NOT PART OF THE COMPANY BUT WHO CONTRIBUTE CONTENT ON OUR WEBSITE. WE DO NOT UNDERTAKE ANY ADDITIONAL RESEARCH TO VERIFY THE ACCURACY OF ANY CONTENT CONTRIBUTED BY OUR GUESTS AND CANNOT GUARANTEE THE ACCURACY OR RELIABILITY OF SUCH CONTENT, AND WE HEREBY DISCLAIM ANY RESPONSIBILITY FOR ANY LOSS, DAMAGE OR CLAIM ARISING FROM YOUR RELIANCE UPON ANY SUCH MATERIAL AVAILABLE/FOUND ON OUR WEBSITE. YOUR DECISIONS TO USE THE INFORMATION RECEIVED THROUGH THE WEBSITE IS SOLELY AT YOUR OWN RISK.
By subscribing to use the Service you expressly agree that:
You will not use the Service offered by the Company for conducting any unlawful, illegal or prohibited activity;
You will only use the Website in compliance with all applicable laws and regulations;
You will not breach any terms and conditions of Third Party applications or tools used by us to deliver our Services to you;
You will immediately notify the Company of any issues that you encounter during your use of our Service;
You will not modify, adapt, translate, or reverse engineer any portion of the Website;
You will not use any robot, spider, site scraping/retrieval application or any other automated routines in order to scrape any data/information from any part of the Website;
You will not reformat or frame any portion of the Website without the express written consent of the Company, which may be declined in our sole discretion;
You will not post or submit any content or material on any website, that falsely expresses or implies that such content or material is sponsored or endorsed by the Company;
You will not take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure;
You will not reproduce, distribute, display or make available any Lists and Leads provided to you by the Company as part of its Service, to any other third party for commercial gain. You understand and accept that this provision is designed to protect all our members, and any breach of this provision will result in termination of your subscription.
If we discover that you have violated any of the aforementioned terms, we reserve the right to block your account and take any appropriate legal action to ensure the safety of our Platform and Users.
You understand that all content available on the Website is either owned by or licensed to the Company and is protected in the United States of America and internationally by numerous international laws and conventions including copyright laws and trademark laws. You are not authorized to copy, sell, transfer, license, sublicense, assign, reproduce, republish, disassemble, decompile, reverse engineer or distribute any Company Content without the express written consent of the Company. You further agree not to adapt, alter or create a derivative work from any Company Content without the prior written permission of the Company.
You shall not remove any copyright, trademarks and any proprietary notices from any Company Content. We hereby grant you a limited, non-exclusive, non-transferable license to use the Company Content for your personal and non-commercial use only.
Copyright Infringement Claims
We respect the intellectual property rights of others. If you believe that your copyrighted material or content is posted, uploaded or made accessible through our Service, please inform us at the email address listed below and provide us with the following information:
Identification of the material or content that is claimed to be infringing your copyrighted works;
Your contact information including your name, phone number, and email address;
A statement by you setting out that you are either the owner of the copyrighted work or have been authorized by the owner to communicate with us regarding the copyright infringement;
A statement by you that all information provided by you to us is accurate and complete.
Disclaimer of Warranties; Limitation of Liability
ALL SERVICES ARE PROVIDED BY THE COMPANY ON AN “AS IS” AND “AS AVAILABLE BASIS” WITHOUT ANY REPRESENTATION OF WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES THAT ARE NOT EXPRESSLY REFERENCED HEREIN, INCLUDING BUT NOT LIMITED TO:
WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, AND COMPLETELY SECURE;
ANY SPECIFIC RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICE; OR
CONTENT ON THE PLATFORM IS CURRENT, ACCURATE, COMPLETE, RELIABLE OR ERROR-FREE.
NOTHING IN THIS AGREEMENT SHALL ACT TO EXCLUDE OR LIMIT THE LIABILITY OF THE COMPANY FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE OR FRAUD BY THE COMPANY, OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY, ITS FOUNDERS, EMPLOYEES, AGENTS, AND SUBCONTRACTORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LIABILITIES ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE EVEN IF THE COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. THIS LIMITATION OF LIABILITY APPLIES TO DAMAGES ARISING FROM YOUR USE OR INABILITY TO USE THE SERVICE, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR ANY OTHER DISPUTE ARISING FROM OR ASSOCIATED WITH ANY ASPECT OF THE PLATFORM OR CONTENT DELIVERED BY THE COMPANY AS PART OF OUR SERVICE.
IN NO EVENT SHALL THE TOTAL LIABILITY OF THE COMPANY, ITS DIRECTORS, SHAREHOLDERS, EMPLOYEES AND SERVICE PROVIDERS UNDER ANY CIRCUMSTANCES EXCEED THE GREATER OF FIFTY USD OR THE AMOUNT PAID BY YOU TO THE COMPANY IN THE MONTH WHEN THE CLAIM FIRST AROSE. YOU ACCEPT THAT YOUR USE OF THE PLATFORM OFFERED BY THE COMPANY IS SOLELY AT YOUR OWN RISK.
ANY CLAIM AGAINST THE COMPANY, ARISING FROM THIS AGREEMENT OR THE USE OF SERVICE MUST BE BROUGHT BY THE USER WITHIN SIX (6) MONTHS FROM THE DATE WHEN THE CLAIM FIRST AROSE. ANY FAILURE ON THE PART OF THE USER TO BRING THE CLAIM WITHIN SIX MONTHS WILL RESULT IN WAIVER OF USER’S RIGHT TO BRING SUCH ACTION AT A LATER STAGE.
You agree to release, defend, indemnify, and hold harmless the Company and its founders, affiliates, employees, personal assistants and agents from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal fees, asserted by any third party against you as a result of:
(i) breach of these Terms by you;
(ii) the violation of any applicable laws by you, or
(iii) the infringement by you of any intellectual property or other rights of any person or entity.
California Civil Code Section 1542 Waiver
If you are a resident in the State of California, you expressly waive California Civil Code Section 1542 which states:
“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her would have materially affected his or her settlement with the debtor or released party”.
This Agreement shall be governed by, and construed in accordance with the laws of the State of Washington without regard to any conflict of law provisions. The User and the Company both agree to submit to the exclusive jurisdiction of the courts of the State of Washington and consent to bring any matters associated with or arising from this Agreement exclusively in the Chelan County.
If you have any questions regarding this Agreement, please contact us with your query at email@example.com.
Neither the Company nor the User will be held liable for failure to perform any of its obligations towards the other if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disasters), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labor dispute, strike, lockout or any interruption or any failure of electricity or server, system, computer, internet or telephone service.