Last updated: 10/18/2024
1. Acceptance of Terms
By accessing or using the services provided by Wally Consulting LLC (“we”, “our”, “us”, or “the Company”), you agree to be bound by these Terms of Service. If you disagree with any part of the terms, you may not use our services.
2. Description of Services
We provide consulting services, including but not limited to:
- Subscription-based services
- One-time purchase programs
- Consulting for mortgage companies
- Consulting for medical companies
2.1. We reserve the right to modify, suspend, or discontinue any part of our services at any time, with or without notice to you.
3. User Accounts
3.1. You may need to create an account to access certain services.
3.2. You are responsible for maintaining the confidentiality of your account information.
3.3. You are responsible for all activities that occur under your account.
3.4. You agree not to use our services for any unlawful purpose or in any way that could damage, disable, overburden, or impair our services.
4. Subscription Services
4.1. Subscription fees are billed in advance on a recurring basis.
4.2. You may cancel your subscription at any time, but refunds are not provided for partial billing periods.
4.3. We reserve the right to change our subscription fees upon 30 days’ notice. If you do not agree to the changes, you must cancel your subscription before the changes take effect.
5. One-Time Purchase Programs
5.1. One-time purchase programs are non-refundable unless otherwise stated at the time of purchase.
5.2. Access to one-time purchase programs may be limited to a specific time period as stated at the time of purchase.
6. Payment Terms
6.1. You agree to pay all fees or charges to your account based on the fees, charges, and billing terms in effect at the time a fee or charge is due and payable.
6.2. If you dispute any charges you must let us know within sixty (60) days after the date that we invoice you.
6.3. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
7. Intellectual Property
7.1. The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to our services are protected under applicable copyrights, trademarks and other proprietary rights.
7.2. The copying, redistribution, use or publication by you of any such matters or any part of our services, except as allowed by Section 7.3, is strictly prohibited.
7.3. You do not acquire ownership rights to any content, document or other materials viewed through our services.
7.4. The posting of information or materials on our services does not constitute a waiver of any right in such information and materials.
8. User Conduct
You agree not to use the services:
8.1. In any way that violates any applicable federal, state, local or international law or regulation.
8.2. To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
8.3. To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity.
8.4. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the services, or which, as determined by us, may harm the Company or users of the services or expose them to liability.
9. Limitation of Liability
9.1. To the extent permitted by law, the Company shall not be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:
a. Your access to or use of or inability to access or use the services;
b. Any conduct or content of any third party on the services;
c. Any content obtained from the services; and
d. Unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
9.2. Our total liability for any claim arising out of these terms shall not exceed the greater of $500 or the amount you paid us in the past 12 months.
9.3. The limitations in this section do not apply to liability arising from our gross negligence, willful misconduct, or fraud.
10. Indemnification
You agree to defend, indemnify and hold harmless the Company from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your willful misconduct or violation of these Terms of Service. The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate in asserting any available defenses.
11. Termination
11.1. We may terminate or suspend your account and bar access to the service immediately, without prior notice or liability, for any material breach of the Terms, or if required by law.
11.2. If you wish to terminate your account, you may simply discontinue using the service. You may also request account deletion by contacting us.
11.3. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
11.4. In the event of termination, we will provide you with a reasonable opportunity to retrieve your data from our services.
12. Governing Law
These Terms shall be governed and construed in accordance with the laws of Ohio, without regard to its conflict of law provisions.
13. Dispute Resolution
13.1. Any dispute arising from these Terms will first be tried to be resolved through good faith negotiations.
13.2. If negotiations fail, either party may initiate arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules.
13.3. The place of arbitration shall be North Canton, Ohio. The language of the arbitration shall be English.
13.4. The decision of the arbitrator shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
13.5. Notwithstanding the foregoing, this arbitration provision does not apply to disputes that, as a matter of law, may not be subject to mandatory arbitration.
13.6. You may opt out of this arbitration agreement within 30 days of accepting these Terms by notifying us in writing.
14. Changes to Terms
We reserve the right to modify these Terms at any time. We will provide notice of significant changes by posting a prominent announcement on our website at least 30 days before the changes take effect. Your continued use of the service after such modifications will constitute your acknowledgment of the modified Terms and agreement to abide and be bound by the modified Terms.
15. Force Majeure
The Company shall not be liable for any failure or delay in the performance of its obligations under these Terms due to causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
16. Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
17. Entire Agreement
These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between you and the Company regarding your use of the services and supersede all prior agreements and understandings with respect to the same.
18. Contact Us
If you have any questions about these Terms of Service, please contact us at:
Wally Consulting LLC
(330) 227-8081