This is a template provided for your convenience.
You are strongly advised to adapt the text to fit your particular case.
This agreement applies as between you, the User of this Website and Raincatcher, the owner(s) of this Website. Your agreement to comply with and be bound by Clauses 1, 2, 4 – 11 and 15 – 25 of these Terms and Conditions is deemed to occur upon your first use of the Website. Clauses 3 and 12 – 14 apply only to the sale of Services. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.
No part of this Website is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and Our acceptance of that offer is deemed to occur upon Our sending a confirmation email to you indicating that your order has been accepted.
In this Agreement the following terms shall have the following meanings:
"Account": means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Website;
"Content": means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
"Facilities": means collectively any online facilities, tools, services or information that Raincatcher makes available through the Website either now or in the future;
"Services": means the services available to you through this Website, specifically use of the Raincatcher's Sell By Owner proprietary e-learning platform;
"Payment Information": means any details required for the purchase of Services from this Website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;
"Premises": Means Our place(s) of business located at 7900 E. Union Avenue, Ste. 1100, Denver, CO 80237;
"System": means any online communications infrastructure that Raincatcher makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
"User" / "Users": means any third party that accesses the Website and is not employed by Raincatcher and acting in the course of their employment;
"Website": means the website that you are currently using (www.sellbyownerprogram.com) and any sub-domains of this site (e.g. subdomain.raincatcher.com) unless expressly excluded by their own terms and conditions; and
"We/Us/Our": means Raincatcher, a company registered with Registrar of Companies for Delaware, 7900 E. Union Avenue, Ste. 1100, Denver, CO 80237.
Persons under the age of 18 should use this Website only with the supervision of an Adult. Payment Information must be provided by or with the permission of an Adult.
These Terms and Conditions also apply to customers procuring Services in the course of business.
Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Raincatcher or that of Our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
Those wishing to place a link to this Website on other sites may do so only to the home page of the site www.learnworlds.com without Our prior permission. Deep linking (i.e. links to specific pages within the site) requires Our express written permission. To find out more please contact Us by email at email@example.com or call us in the following number: 1-855-724-6228.
Please note: If you opted for a payment plan and you do not request a refund within 30 days, with the required coursework at the time of your refund request, you are required by law to complete the remaining payments of your payment plan.
11.2 All refunds are discretionary as determined by Raincatcher. To further clarify, we will not provide refunds after the 30th day from your date of purchase and all payments must be made on a timely basis.
If you have any questions or problems, please let us know by contacting our support team directly. The support desk can be reached at: firstname.lastname@example.org.
11.3 If the Customer signed up for a payment plan, there is a five (5) business day grace period to settle overdue invoices. Thereafter, Customer’s access to the product will be revoked, with or without notice, at the Company’s sole discretion. After five (5) days of non-payment, the Company reserves the right to terminate the agreement and write-off the remaining balance at the Company’s sole discretion. Once a payment is written off, the Customer will have to repurchase the product in order to gain access. Prior payments made may not be applied to any future purchases.
Finance charges will be assessed to all program payment plans even if the full balance is paid prior to final due date.
Additional terms and conditions may apply to the provision of certain Services. You will be asked to read and confirm your acceptance of any such terms and conditions when completing your Order.
13.9 Monthly Subscriptions: You have THIRTY (30) Days from the date of the original purchase to request a refund for your monthly subscription. Any refund request after the THIRTY (30) DAY time limit will not be processed. You may cancel at any time after the initial THIRTY (30) Days has passed. Cancellation and refund requests MUST be submitted in writing to email@example.com
13.10 During any month after the initial month, you have 3 business days from the billing date to request a refund for that current month. If your request happens within 3 business days of the billing date, we will process the refund and your subscription and benefits attached to the subscription will immediately be removed. Any refund requests happening after this 3 business day period will not be processed, but you may cancel your subscription to avoid being billed for the next billing cycle.
13.11 Yearly Subscriptions: For yearly subscription purchases, you have THIRTY (30) Days from the date of the original purchase to request a refund for your 941 Labs yearly subscription. Cancellation and refund requests MUST be submitted in writing to firstname.lastname@example.org
13.12 Terms of Subscription Renewal: Raincatcher's Sell By Owner Subscriptions automatically renew each month at the stated retail price until the subscription buyer notifies the company that they wish to cancel. Cancellation and refund requests MUST be submitted in writing to email@example.com.
13.13 Excessive returns will not be accepted. Refunds will not be given to any one customer for any product more than twice. There is an unlimited amount of orders that a customer can place for one specific product, but the money back guarantee is void after a customer has used it for one specific product more than twice.
We want you to be completely satisfied with the Products or Services you order from Raincatcher. If you need to speak to us about your Order, then please contact customer care on 1-855-724-6228, or by email at firstname.lastname@example.org or write to us at our address (see section 1 above). You may cancel an Order that we have accepted or cancel the Contract. If any Specific Terms accompanying the Service contain terms about cancelling the Service, the cancellation policy in the Specific Terms will apply.
We reserve the right to change the Website, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes. If We are required to make any changes to these Terms and Conditions by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and Raincatcher.
Most Subscriber concerns can be resolved quickly and to the Subscriber’s satisfaction by contacting our customer service department at https://sellbyownerprogram.com/contact. In the unlikely event that our customer service department is unable to resolve a complaint you may have (or if Sell By Owner Program has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes first through good faith mediation and then through binding arbitration, instead of in courts of general jurisdiction.
As such, we agree to submit any dispute, claim or controversy arising out of your use of the Site or your Subscription with RainCatcher SM to private mediation. In the event that we are unable to reach an amicable resolution to the dispute at the mediation, the dispute, claim or controversy arising under this Agreement shall be resolved by binding arbitration and shall be construed and interpreted in accordance with the laws of the state of Colorado. Good faith mediation is a prerequisite to filing any arbitration claim.
Such arbitration shall be administered by and under the rules the American Arbitration Association (“AAA”) in accordance with its then prevailing expedited rules, by one independent and impartial arbitrator selected in accordance with such rules. The arbitration shall be governed by the United States Arbitration Act, 9 U.S.C. § 1 et seq. The fees and expenses of AAA and the arbitrator shall be shared equally by each of us and advanced from time to time as required; provided that at the conclusion of the arbitration, the arbitrator shall award costs and expenses (including the costs of the arbitration previously advanced and the fees and expenses of attorneys, accountants and other experts) to the prevailing party. Arbitration shall be conducted in the county of Douglas, State of Colorado. In the event it becomes necessary to commence legal proceedings to enforce the terms and condition of your use of the Site or your Subscription with Sell By Owner Program, the prevailing party shall be entitled to recover attorney fees and costs. Judgment on the award may be entered in any court having jurisdiction. Any arbitration will take place on an individual basis; class arbitrations and class actions are not permitted.
26. Limitation on Liability
RainCatcher SM WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF RainCatcher SM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF RainCatcher SM AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO RainCatcher SM FOR THE APPLICABLE CONTENT, PRODUCT, SUBSCRIPTION, SITE ACCESS, MEMBERSHIP OR SERVICE OUT OF WHICH LIABILITY AROSE.
UNDER NO CIRCUMSTANCES WILL RainCatcher SM BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY SUBSCRIBER’S RELIANCE ON INFORMATION OBTAINED THROUGH RainCatcher SM. IT IS THE RESPONSIBILITY OF SUBSCRIBER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH RainCatcher SM SITES AND PRODUCTS. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT.
With respect to any service, including assisting in the sale of a business (“Business”) and/or its assets (“Assets”), Raincatcher (“Consultant”) acts only as an independent third party assisting Seller with certain aspects of the transaction. In this regard, the relevant buyer (“Buyer”) and/or seller (“Seller”) acknowledge that:
1.0 Consultant is not an agent, broker, or legal representative of any party.
2.0 Consultant makes no guarantees, representations or warranties regarding the Seller’s Business, its Assets and/or the advisability of entering into the Transaction. Consultant has not verified the accuracy or completeness of any relevant information, received from any source.
3.0 Consultant is not licensed as a securities broker or dealer and has no involvement in advertising, negotiating or otherwise executing a sale of the stock of the Business. If Consultant introduces a prospect for the purchase of the Business Assets, and the parties subsequently decide on a stock sale, this decision shall not affect the Consultant’s right to its fees which shall be paid as though an asset sale had been undertaken.
4.0 Seller is solely responsible for locating the Buyer. Neither Buyer nor Seller is relying upon any statements or representations made by Consultant in deciding whether to purchase or sell the Business or any of its Assets, nor upon any statements or representations regarding the valuation placed on the Business or any of its Assets. Seller is relying solely on his own investigation of the Buyer’s creditworthiness and ability to complete this transaction, repay any Seller financing provided, and to successfully operate the Business. Buyer is relying solely on Buyer’s own inspection of the Business, its Assets, financial statements , business records, contracts, operational history, future profitability and the representations made by Seller and on such other material facts as Buyer, in its sole discretion, deems necessary and prudent.
5.0 The Company shall be responsible for all of its costs associated with closing a Transaction, including, but not limited to, legal, accounting, other professional services, appraisals, travel and applicable fees and taxes.
6.0 Consultant is not an attorney or CPA and cannot advise the parties as to any legal remedy, business, or tax consequences of any provision or instrument set forth or prepared in connection with this Transaction. Even if Consultant’s discussions touch upon legal or accounting issues, such should not be interpreted as professional advice or opinions. If legal or accounting advice is desired, the parties should consult an attorney or CPA.
7.0 The Seller and their assigns and successors jointly and severally, indemnify the Consultant and hold the Consultant harmless from any responsibility, losses or liability arising from the contemplated Transaction, the Business or the Assets, or any misrepresentation by Seller or any third party.
8.0 If any party to this Agreement brings an action directly or indirectly based on this Agreement, the prevailing party will be entitled to recover expenses of such action, including but not limited to, reasonable attorneys’ fees and court costs from the other party to this Agreement.
10.0 IN NO EVENT SHALL REPRESENTATIVE BE LIABLE TO COMPANY OR ANY THIRD PARTY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR INTENTIONAL ACTS), OR OTHERWISE, FOR ANY AMOUNT IN EXCESS OF THE CONSULTANT FEES PAID.
11.0 TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY SHALL INDEMNIFY AND HOLD HARMLESS REPRESENTATIVE AND REPRESENTATIVE’S OWNERS, OFFICERS, CONSULTANTS, AGENTS, ATTORNEYS, CONTRACTORS, AND EMPLOYEES FROM AND AGAINST ALL CLAIMS, DAMAGES, LIABILITIES, LOSSES, AND EXPENSES, INCLUDING, BUT NOT LIMITED TO, REPRESENTATIVE’S ATTORNEY’S FEES, ARISING OUT OF, RESULTING FROM, OR RELATED TO REPRESENTATIVE’S PERFORMANCE, COMPANY’S USE OF REPRESENTATIVE’S SERVICES, COMPANY’S BREACH OF THIS AGREEMENT, OR COMPANY’S NEGLIGENCE OR WILLFUL MISCONDUCT.
12.0 EXCEPT AS OTHERWISE STATED IN THIS SECTION, REPRESENTATIVE’S SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. REPRESENTATIVE NEITHER ASSURES NOR ASSUMES ANY LIABILITY TO ANY PERSON OR ENTITY FOR THE PROPER PERFORMANCE OF SERVICES OR THAT THE INFORMATION PROVIDED BY REPRESENTATIVE IS ACCURATE OR COMPLETE. REPRESENTATIVE DOES NOT REPRESENT OR WARRANT THAT THE SERVICES ARE COMPLETE OR FREE FROM ERROR, AND DOES NOT ASSUME, AND EXPRESSLY DISCLAIMS, ANY LIABILITY TO ANY PERSON OR ENTITY FOR LOSS OR DAMAGE CAUSED BY ERRORS OR OMISSIONS IN THE SERVICES, WHETHER SUCH ERRORS OR OMISSIONS RESULT FROM NEGLIGENCE, ACCIDENT, OR OTHER CAUSE.
13.0 This Agreement shall be construed in accordance with the laws of the State of Colorado.
14.0 All disputes, controversies, claims or differences which may arise between the parties hereto out of or in relation to or in connection with this Agreement or the breach thereof shall be finally settled by arbitration conducted in accordance with the Commercial Arbitration Rules (the “Rules”) of the American Arbitration Association, then in effect. Whenever any dispute, controversy, claim or difference which may be submitted to arbitration arises between the parties hereto, either party hereby may give to the other party hereto notice, in accordance with the provisions hereof, of its intention to submit such dispute, controversy, claim or difference to arbitration. Such arbitration shall take place in metropolitan Denver, Colorado, United States of America, before a single arbitrator agreed upon by the parties to the arbitration. In the event the parties to the arbitration cannot agree upon an arbitrator within twenty (20) days after the delivery of notice as provided herein, of either party’s notice to arbitrate, such arbitration shall take place in Denver, Colorado, United States of America, before a single arbitrator appointed by the American Arbitration Association in accordance with the Rules. The parties hereto agree that the party instituting the arbitration will initially pay the deposit necessary to commence the arbitration, the expenses or costs of the arbitration, and the parties’ attorneys’ fees may be assessed against the party which does not prevail in the arbitration, as so fixed by the arbitrator. The determination of such arbitrator will be final and binding upon the parties to the arbitration, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction, or application may be made to such court for a judicial acceptance of the award and an order of enforcement, as the case may be. The arbitrator shall set forth the grounds for his decision in the award. The arbitrator shall apply the law of the State of Colorado, United States of America, as to both substantive and procedural questions.
The parties hereto stipulate that submission of disputes to arbitration and arbitration pursuant thereto shall be a condition precedent to any suit, action or proceeding instituted in any court or before any administrative tribunal with respect to this Agreement or disputes arising out of or regarding this Agreement.
14.0 This Agreement may not be assigned or delegated by either party without the express written consent of the other party.
The waiver by any party of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by any party.
This Agreement may be executed in several counterparts, and all of such counterparts taken together shall be deemed to be one Agreement. Electronic notice and signatures hereunder shall be deemed to be originals.
In the event one or more of the provisions contained in this Agreement shall be for any reason held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions of this Agreement, but such Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been set forth herein and the Agreement shall be carried out as nearly as possible according to its original terms and intent.