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Owner Listens Inc. Terms of Service


The Basics


  1. This agreement sets forth Terms and conditions (“Terms”) governing the provision of services by Owner Listens Inc., a Delaware corporation, to its Users.

  2. Owner Listens Inc. has two types of users: Owners of businesses and Employees they designate to operate on their behalf (collectively refereed to as “Owners”) and consumers (“Consumers”) who use the Owner Listens Inc. application to send feedback to businesses. Owners and Consumers are collectively referred to as “Users”.

  3. Owner Listens Inc. provides services Users pursuant to the Terms set forth in this agreement or referenced therein and subject to User compliance with all Terms. User must additionally comply with all Terms in this agreement and with any posted rules, legal terms, conditions, or additional materials applicable to the services provided (collectively referred to as “Terms”).


Acceptance of Terms


  1. Thank you for your interest in our services. To use the services, provided by Owner Listens Inc. you must agree to the Terms. If you do not agree to the Terms, you may not use Owner Listens Inc.’s services. If you do not agree to the Terms, please exit the site immediately.

  2. If you are not of legal age to enter a binding contract under the laws of the United States or the laws of your country of residence, or are prohibited by the laws of the United States or your country of residence from using our services, you may not use Owner Listens Inc.’s services. Please exit the site immediately.

  3. We reserve the right to update, add, amend or otherwise modify Terms from time to time without prior notice to you (collectively referred to as “Changes”). It is your responsibility to review the Terms from time to time. Your continued use of Owner Listen’s services after such Changes will constitute acceptance of Changes and bind you to the amended or modified Terms.

  4. You accept our Terms by browsing the website, searching, registering, or otherwise using Owner Listens Inc’s services.

  5. This agreement is written in the English language. No translation shall be accepted as representing this agreement.

  6. Please print a copy of the Terms for your records.


Third Party Providers and Affiliates

  1. Owner Listens Inc. may at its sole discretion use affiliates, subsidiaries or third party providers (collectively referred to as “Providers”) to provision services to users. By agreeing to the Terms you acknowledge and allow these Providers to provide services to you on Owner Listens Inc.’s behalf.


Description of Services

  1. For Owners, Owner Listens Inc. services include a web based messages inbox, which helps Owners connect directly and privately with customers. Using the service requires an Internet connected device on the part of the owner, registration, and creation of an account on our website, including providing an email address. It also requires Owners display Owner Listens Inc. signage and use Owner Listens Inc. marketing collateral in their place of business. It is the Owner’s financial and operational responsibility to provide the necessary devices, connectivity and sign up information. Owners that provide a phone number acknowledge their express intent and request that messages will be sent via SMS to their phones and assume all responsibility for SMS carrier charges that apply according to their messaging and data arrangements. Owner Listens Inc. bears no responsibility for carrier charges incurred.

  2. For Consumers, Owner Listens Inc. services include a mobile application (iPhone only) to locate nearby businesses and anonymously send a message to them via the Owner Listens Inc. system. Owner Listens Inc. delivers the message to registered Owners and tries to locate Owners who are not registered.

  3. Owner Listens Inc. may change, modify, adjust, or alter, temporarily or permanently, the services that it provides with no prior notification.

  4. Owner Listens Inc. reserves the exclusive right to cease providing services, discontinue the site, and/or the mobile application or otherwise change the services it provides. Owner Listens has no liability for the discontinuation of services or the modification of services.



Privacy, Registration Data and Personal Information, Passwords and Account Security


  1. To use some of Owner Listens Inc.’s services, registration is required. Such registration includes creating an account, providing a user name and password, providing personal and business information as well as designating a cell phone number and/or email for messages to be forwarded to.

  2. Signing up by creating an account, constitutes representation that the User is the true owner of the business being claimed or that they are the true owner’s designated representative and that they are authorized to receive and respond to messages on behalf of the business.

  3. It is the User’s sole obligation and responsibility to provide accurate registration information and to keep the information provided to Owner Listen’s Inc. updated, complete, and accurate at all times.

  4. The information provided will be used solely for the provision of services by Owner Listens Inc. and is subject to our Privacy Policy. By agreeing to these Terms, you also agree to the provisions of our Privacy Policy.

  5. It is the User’s sole obligation and responsibility to safeguard their password and username and update them as the circumstances may warrant. Additionally, the User’s sole responsibility to immediately notify Owner Listens Inc. of any breach or compromise of their account and/or password.


Use of Services


  1. It is the User’s obligation and responsibility to use Owner Listens Inc.’s services for the purposes for which they were intended, in accordance with the Terms and in compliance with all applicable laws and regulations.

  2. It is the User’s obligation and responsibility to make every effort to refrain from and avoid interfering with the provision of Owner Listens Inc.’s services to its users, including with Owner Listens Inc. servers and networks, whether intentional or not, and whether actively or passively (such as by running bots, crawlers or scripts).

  3. Users shall not, under any circumstances, sell, resell, trade, reproduce, or duplicate Owner Listens Inc. services, including any free and any paid services and including services substantially similar in service provided and/or in look, feel or functionality.

  4. Users bear sole responsibility for use of services made in their account.

  5. Owner Listens Inc. may, at its sole discretion, disable or otherwise prevent access to services or to Users accounts or data contained within.

  6. Owner Listens Inc. may, at its sole discretion, set limits on the type, amount, volume, frequency, and access to services and content created through the services.


Content Liability and Proper Conduct

  1. Content available through our services often represents the claims and opinions of others, such as Consumers, who are not affiliated with Owner Listens Inc. We make no statement of support, endorsement or advice for any content other than content explicitly provided by Owner Listens Inc. designated and authorized personnel.

  2. While using Owner Listens Inc. services, the User must abide by all applicable laws, including intellectual property and privacy laws. Content presented to Users may be protected by intellectual property laws. Such content may not be reused, whether in original or derivative form, by Users unless given explicit permission by the rights holder.

  3. Users must NOT: send any information that is considered harassment; infringement on others’ rights; is unsolicited or unauthorized advertising; contains spam, viruses, or other harmful code; impersonate other persons or entities.

  4. Users bare sole responsibility for their behavior and for the content they post to Owner Listens Inc.’s services or send to other Users using Owner Listens Inc.’s services. Owner Listens Inc. does not endorse, support, nor assume any liability for content generated by Users.

  5. Users acknowledge and agree that they may be exposed to questionable, objectionable, offensive, or indecent content.

  6. Owner Listens Inc. reserves the right to refuse to post, remove, or modify content uploaded to the site in violation of Terms or any applicable laws.

  7. Owner listens Inc. reserves the right, at its sole discretion, to disable accounts of or block Users who violate Proper Conduct standards, and to remove any content it deems in violation of Proper Conduct standards.


Owner Listens Inc. Proprietary Rights and Intellectual Property


  1. Users acknowledge that Owner Listens Inc. is the sole owner of all legal right, title and interest in the services provided, including any and all intellectual property rights.

  2. Users are prohibited from using Owner Listens Inc.’s name, logo, trademark, service mark, domain name, brand features except as explicitly allowed by Owner Listens Inc. and only for the purpose of using Owner Listens Inc. services.


License from Owner Listens Inc.

  1. By agreeing to these Terms, Users receive from Owner Listens Inc. a personal, worldwide, royalty free, non-exclusive, non-assignable, non-transferable, limited license to use the website, software and other services provided by Owner Listens Inc. so that you may use the service in accordance with the terms.

  2. The license does not include any right to copy, reverse engineer, recreate, modify, extract, or use the source code or create a derivative work of out software, website, or any other portion of our services.


Content License from User

  1. The User retains any rights they currently hold in the content submit through our services.

  2. By submitting content you agree to grant Owner Listens Inc. a perpetual, irrevocable, worldwide, royalty free, non-exclusive license to reproduce, modify, adapt, publish, translate, publicly display, and distribute any, all or partial, content you submit.

  3. Owner Listens Inc. may present, transfer, or make available in any form this content to third parties with which it had an affiliate, subsidiary, or other relationship.

  4. Users bare sole responsibility for protecting their intellectual property rights.

Updates

  1. Owner Listens Inc. may, from time to time, and at its sole discretion, update, modify, enhance, or change the software, website and other services it provides, and as such may update the software, website and any other services or content. Users consent to receiving the required updates.

  2. These Terms and any other additions, updates or modification continue to apply unless terminated by Owner Listens Inc. or by the User.

  3. Users may terminate their relationship with Owner Listens Inc. by closing their account and ceasing to use our service. Notice of termination may also be sent to support@ownerlistens.com. Owner Listens Inc. will close your account upon receipt of notice.

  4. Owner Listens Inc. may terminate its agreement with you and cease to provide services if these Terms have been breached, if it is required to do so by law, or if it has ceased to provide the service or services for any reason, including technological or commercial reasons.

  5. In event of termination, all Owner Listens Inc. rights in the content submitted by the User, remain unaffected. Particularly, the content license from the User remain in full affect with regards to content already submitted.


Exclusion of Warranties

  1. All Owner Listens Inc. services and content provided on our website or on our mobile application are provided on an “As Is” basis and no warranty of any kind is represented, obligated, or suggested. In particular, no warranty, explicit or implied, of merchantability; no warranty, explicit or implied, of fitness for a particular purpose; no warranty, explicit or implied, of non-infringement, are provided.

  2. Owner Listens Inc. makes no warranty that Our services and content will meet your requirements or be free or errors, mistakes, defects, or omissions. Owner Listens Inc. makes no warranty that Our services and content will be provided without interruption, error, delays, or security issues. Owner Listens Inc. makes no warranty that Our services and content will produce the desired results, or any results whatsoever.

  3. Owner Listens Inc. makes no warranty that services, content, or features thereof will be continuously provided and may disrupt, remove, change, or otherwise modify services, content or features.


Limitation of Liabilities


  1. Owner Listens Inc. is not liable to Users or any other party for damages of any kind, including those resulting from restriction of use, termination of services, loss of data, loss of profits. Owner Listens Inc. is not liable to Users or any other party for damages stemming from interactions or transactions initiated using our services or through connections made using our services.

  2. CERTAIN JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, BREACH OF CONTRACT, BREACH OF IMPLIED TERMS, OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. ONLY LIMITATIONS LAWFUL IN YOUR JURISDICTION APPLY.


Governing Law

  1. Owner Listens Inc. is an entity located in Delaware, USA and provides services to all 50 states. It is also accessible from overseas. By using our services, including accessing our site or downloading our mobile app, Users agree to the exclusive jurisdiction, statutes and laws of the State of Delaware, USA for all matters, conflicts, or disagreements related to the use of Owner Listens Inc. services. Users agree that conflict of laws principles and the UN Convention on the International Sales of Goods, do not apply.


Notices

  1. Users or others wishing to send notices to Owner Listens Inc. may send an email to support@OwnerListens.com with the word “Notice” in the subject line. Correspondence via regular mail shall be sent to …. [INSERT Delware Address].

  2. Owner Listens Inc. will send notices to Users via the email address provided at registration or via text messaging if text messaging was enabled or via regular email to Users business address.


Entire Agreement


  1. These Terms represent the entire agreement between you and Owner Listens Inc. unless otherwise specified in writing by Owner Listens Inc. as part of use of certain services.



Owner Listens Privacy Policy

Privacy Policy



To provide services, improve upon them and develop new services, Owner Listens Inc. collects information from its users. This is Owner Listens Inc.’s Privacy Policy, which explains the types of data we collect and how we use it.



Owner Listens Inc. has two types of users: Owners of businesses and Employees they designate to operate on their behalf (collectively refereed to as “Owners”) and consumers (“Consumers”) who use the Owner Listens Inc. application to send feedback to businesses. Owners and Consumers are collectively referred to as “Users”.



Information Collection and Use



Owner Listens Inc. automatically collects information when a User uses our services. We collect and record on our servers, logs from your web browser, including mobile browsers. This information includes the User’s IP address, location, cookie information, and the pages you requested to view. This data is considered Non-Identifying Information unless otherwise required by all applicable law.


Owner Listens Inc. uses Non-Identifying Information data in aggregate form only. This data may be presented to Owner Listens Inc. partners and third party providers, in aggregate form, for the purpose of improving services, and developing new services.


Owner Listens Inc. collects registration information when a User registers for a service or services. Such information includes: first and last name, username, password, email address, mobile phone number, name, and address and phone number of business. This information is considered Personal Information unless otherwise publicly posted by the User. Currently, only Owners are able to register for Owner Listens Inc.’s services. Consumers need not register to use our services.


The Personal Information a User provides will be used to set up a user account to use Owner Listens Inc.’s services including communicating with customers, replying to customer messages, and improving the content of the site. Personal Information will be used to contact the User with messages about their use of the services. There is no opt out option from these messages other than ceasing to use Owner Listens Inc.’s services altogether.


Personal information is also used to contact Users with mailings, email or paper, marketing material, and other relevant information that may be of interest. A User may decide at any time not to receive such communications from Owner Listens Inc. All such communications will include the opportunity to unsubscribe from future messages.

Owner Listens Inc. may combine non-identifying data with personal data for analysis and improvement of our services and development of new services. We may combine the data without aggregating it to serve specific users based on their individual preferences or restrictions.


Log Data


All activity on the site, whether by a browsing User or a registered User is recorded on our servers automatically.


Data on browsing activity is automatically sent by the User’s browser whenever you visit any website. This data, known as “Log Data” includes information such as browser type, IP address, originating webpage, pages visited on our site, time spent, information requested, access times, dates and durations, and other data.


This data is used to monitor and improve upon the efficiency, speed, and accuracy of our services as well as to improve upon our user interface and other front end and back end functionality. Owner Listens Inc. also uses the data for compliance purposes, to verify User adherence to the Owner Listens Inc. Terms of Service (“Terms”), and to all applicable laws. Owner Listens Inc. does not consider Log Data as Personal Information, however it may be aggregated and analyzed for the purposes stated above in regards to Non-Identifying Information.



Cookies



A cookie is a small data file that Owner Listens Inc. writes to your computer's hard disk for record-keeping purposes. Owner Listens Inc. uses cookies for two purposes: 1.Persistent cookies are used to save your username and password for future login. 2. Session ID cookies to allow for certain features of our services and to collect data on aggregate usage in order to improve and enhance our services. Session ID cookies are deleted when the user logs out of the site and closes their browser. If a User wishes to opt out of accepting cookies, modern browsers make available settings that require specific permissions for accepting cookies. Users may choose to reject Owner Listens Inc. cookies, however this may eliminate the availability of all or certain features or services.


Information Disclosures


Owners that are signed up for Owner Listens Inc.’s services will be able to see the content, date, and time of messages sent to them by Consumers. Owners will not be provided by Owner Listens Inc. with the ability to see the Consumer’s name, device ID, phone number, or location unless the Consumer explicitly and requests otherwise in writing.


Consumers will be able to see the business name and the content of the messages sent to and from the business to their device. Owner Listens Inc. will not provide Consumers with any information that personally identifies Owners unless explicitly requested to do so, in writing, by the Owner.


Users may choose to share additional private information in the content of their messages. Owner Listens Inc. recommends carefully guarding such information and using caution and judgment when deciding to disclose any identifying information. Owner Listens Inc. will not be responsible for any private information disclosed by Users in the messages they exchange.

Owner Listens Inc. may route messages and their content to an email address or phone number provided by Owners. The email and phone number are as reported by the Owners and are not independently verified by Owner Listens Inc. As such, it is possible that an erroneous email address or phone number have been provided, or that a business has been fraudulently claimed by someone providing false credentials or false phone numbers or email addresses. In such a case, messages to businesses may be sent to the fraudulent party. Users should thus exercise caution when sending any private information in their messages.


Owner Listens Inc. employees may have access to Users’ messages and Personal Information as well as Non-Identifying Information for the purposes of providing services and improving, modifying Services, and developing new services and products.



International and Cross State Transfer


Your information may be transferred, maintained, stored, and retrieved on computers located outside of your state, province, country, or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. Use of Owner Listens Inc. represents your consent to this privacy policy including your agreement to international transfer of data.




Protection from Phishing


Owner Listens Inc. keeps your information safe to protect you from phishing and identity theft. Owner Listens Inc. will never request your private information in an unsecure, unsolicited email. If you receive an email from us asking for your username, password, credit card or other payment information, social security, or drivers license ID numbers, do not reply and notify support@ownerlistens.com immediately. To learn more about phishing and how to protect yourself go to the Federal Trade Commission’s website: www.ftc.gov


Aggregate Information and Non-Identifying Information


Owner Listens Inc. may, from time to time, share aggregated information that does not include Personal Information and may disclose Non-Identifying Information and Log Data to third parties for marketing, industry analysis, demographic profiling, and other purposes. Aggregated information shared in these contexts will not contain Personal Information of Users.



Third Party Services



Owner Listens Inc. uses third party services to enable services it provides to Users. Examples include hosting services, Google Analytics, Google Places API, blog hosting, and more. These services may collect information sent by your browser as part of a web page request, such as cookies or your IP.





Disclosure for Legal Reasons



We may disclose your information if we believe that it is reasonably necessary to: comply with a law, regulation, or legal request; to protect the safety of any person; to address fraud, security, or technical issues; or to protect Owner Listens Inc.’s rights or property.




Business Transfers


Transactions related to the ownership of Owner Listens Inc., including but not limited to a merger, may result in a sale of information in which case this Privacy Policy continues to apply to the information transferred.


Password Security


The user password is in place to protect you from unauthorized access to your account and retrieval of Personal Information without your consent. It is the User’s responsibility to diligently protect their password by not disclosing it, limiting access to the place you store your password, and logging off the site when done using.


Be advised that transmission over the Internet is never 100% secure. There is no known way to completely protect from unauthorized entry, hardware failures, software failures, or other compromising activities that may jeopardize the security of User information.



Policy Toward Children


OwnerListens Inc. does not target or knowingly approach children under the age of 13. Contact us immediately at support@ownerlistens.com if you are a parent or guardian and think a child has provided us information without your consent. We will take the necessary steps to delete information submitted by a child.



Policy Changes


We may, from time to time, revise this Privacy Policy. Users who have registered and provided their emails to Owner Listens Inc. will receive an email notification if a material change has occurred.



The most current version of the policy will be available at http://ownerlistens.com/legal.



Accessing our services and using the site after the Privacy Policy has changed, represents agreement to be bound to the current Privacy Policy.



This Privacy Policy is effective as of January 15th, 2012

If there are privacy related questions we have not answered in this Privacy Policy please email us at support@ownerlistens.com