The ‘Plain English’ version of our Terms of Service goes like this:
“We’ll treat you the way we want to be treated. We treat your business’ and information seriously and just as important to protect as our own. We’ll communicate with you honestly and proactively. If there are issues that come up we’ll work with you to address them. We trust you to do the same.”
Written with detail takes more words. So the legally binding version is as follows:
The terms and conditions of this non-exclusive agreement (“Agreement”) are effective and in force between visitors of EndStateSolutions.com or its related web properties, or clients of our Service (“Client(s), you, your”), and End State Solutions LLC, a Washington State Company (“ESS, us, we, our”).
These terms may change from time to time at our sole discretion, so it is recommended to review them regularly if using our Service. If you do not agree to all terms and conditions herein you must cease any use of our sites or services immediately.
Client agrees that they are 18 or older and authorized to act on behalf of the business they purport to represent. In this Agreement, the term “Service(s)” shall mean any services, time, labor, or other products provided by ESS or its subcontractors. All ESS Services to Client shall be made pursuant to this Agreement and it shall control all aspects of the dealings between ESS and Client unless an alternative written agreement is entered into which will override this Agreement in all areas the alternative agreement addresses.
If a scheduled payment from you to us declines we’ll automatically retry that payment source again up to three times during the next 10 days.
While this makes sure we don’t bother you over a glitch or delay in the system, it also means that you may be subject to fees from your financial institution (for example, a debit card was kept on file for payments and there were insufficient funds in the account at the time we attempted the charge).
If there’s any reason you need to alter the source of any scheduled payments just let us know and we’ll work with you over a reasonable timeframe, typically 1-2 business days, to make the changes requested.
In the case of normal payment operations you agree we will not be held liable for any charges you incur by your financial institution due to our attempted collection of payment due.
ESS may attempt to collect payment at a date later than the scheduled due date, but not before. Client agrees to always provide accurate banking or credit card information, accept an accurate charge, and that they have proper authorization to use the provided banking or credit card account for ESS invoices. Client pledges to assist in all reasonable manners, including updating financial information with another source of funds, should a decline occur.
If an invoice is not paid when due, due to error or dispute, and alternative payment isn’t agreed upon by ESS or another resolution path defined under a separate written agreement between Client and ESS, ESS reserves the right to immediately stop working on behalf of the Client and suspend Client’s ability to use or access ESS Service until payment is made. THIS COULD MATERIALLY IMPACT CLIENT’S SITUATION IN SEVERAL DIFFERENT, HIGHLY NEGATIVE, WAYS THAT FAR EXCEED THE INVOICE. Client acknowledges that they shall bear full responsibility for all costs associated with any such halting of ESS work or suspension from access to our Service if there is an unresolved or disputed payment matter.
Regarding Experts, Referrals, and Sources
We trust the people we work with. That means that if we recommend an outside person or firm for a role in your project it’s because we believe they know what they’re doing.
Any business or action taken with one of them is directly with them and subject to all of their policies and provisions; the costs and outcomes of which are not ours (so while we want to know about your experience with them, there’s nothing for us to do if it doesn’t go well but stop recommending them in future).
ESS doesn’t monitor our public site users using personally identifiable methods. We do use analytic software and data to better understand what is most useful to our site visitors and our advertising effectiveness.
As an example; this means we could see that a given user explored our blog for eight minutes, left, and then came back days later after seeing an ad on LinkedIn and used our contact form.
It also means the privacy and ad targeting policies of firms like Facebook, LinkedIn, AdRoll, YouTube, and Google may be relevant to you. You can learn more about controlling your information here: http://optout.aboutads.info/#/
We do not share your name, information, or activity with third parties except as needed to process credit card transactions, send requested emails, manage analytic or ad campaigns, credit affiliates, other business deemed necessary, or if legally compelled (such as by a government agency regarding suspected abuse, violations of law, or other concerns of their realm).
California Consumer Protection Act (“CCPA”) – If you are located in California, you have certain rights under the CCPA. Those rights may not supercede our right to take part in efforts to comply with federal, state, or local law; a civil, criminal, or regulatory investigation; cooperate with law enforcement agencies or exercise/defend legal claims; or a subpoena or summons that is/are contrary to CCPA regulation.
In general, we understand the CCPA to give those in California several rights:
- The Right to Know,
- The Right to Delete,
- The Right to Opt-Out of Sale,
- The Right to Non-Discrimination.
We do not sell visitor or client information of any age. You can decline to provide us personal information and we will not charge you a different price, or provide a different level or quality Service; however we require a great deal of information to accurately render our Service. If you don’t provide the information we need, or ask us to delete your information, we may not be able to provide you Service and any fees that would be owed under an existing signed agreement between you and ESS will still be owed ESS as if the ESS Service was completed, and no penalties for a lack of fulfillment will be owed by ESS, even if ESS is not able to complete obligations otherwise due under such agreement, if ESS is only unable to continue due to a lack of information ESS deems normal and necessary to meet the agreement’s scope.
To prevent issues and contract conflicts as listed above (and other possible problems) ESS may decline to delete information if; we cannot verify your request, we need to retain the information to fulfill a previous agreement with you or for a reasonably anticipated product or service, for certain warranty and product recall purposes, for business security practices, for certain internal uses that are compatible with reasonable consumer expectations or the context in which the information was provided, to comply with legal obligations, exercise legal claims or rights, or defend legal claims, other types of information exempt from the CCPA.
From our website visitors we automatically process your IP address, approximate geo-location, what you clicked on to reach the website, and other analytic data from tools and firms like Google, Facebook, LinkedIn, and others. We also store your name, email, phone number, and details in any message provided if you use our contact form.
If you communicate with us further, we may store any additional information you provide or that you give us permission to gather (from your attorney, engineers, the FAA, or others) we believe germaine to your business project. This could include financial account information, trade secrets, and other valuable and sensitive business or personal data.
We do not knowing store any protected classes of information such as your race, religion, sexual orientation, gender identity, gender expression, or age.
The purpose we use the personal information we have is to provide the best services we can to our clients, have a smooth and accurate invoicing and billing system, and understand where our marketing and business development efforts are best spent.
If you have any policy concerns, questions, prior to additional use of our site or Service, please call or email us. Similarly, please call or email ‘email@example.com’ with CCPA requests.
Warranty & Indemnification
Chargebacks and bad checks are undesirable to deal with for a host of reasons, therefore:
- If a Client fails to notify us by emailing ‘firstname.lastname@example.org’ to request a refund of any Service or charge, and does not allow us up to a week to instigate such refund before requesting a chargeback, ESS will be entitled to a reasonable administrative fee of $250 or as high as allowed by law, whichever is lower.
- If a check is returned ESS may charge a $25 fee to help mitigate its own incurred costs.
If any ESS Service is proved to have been defective at time provided to Client, ESS will make an appropriate adjustment in their billing or, at ESS’s election, replace the defective Service with a legally satisfactory Service.
It is not a defect in our Service for Clients to misconfigure, or misuse, our resources, or for our staff, support, or Service to be temporarily unavailable.
Client acknowledges that it is possible that the Service could be breached or damaged in some way against ESS’s will. This means that content with ESS should not be considered completely safe or secure.
ESS MAKES NO WARRANTY TO CLIENT OR THE END USER WITH RESPECT TO THE PRODUCTS OR SERVICE, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Client agrees to protect ESS and hold ESS harmless from any loss or claim arising out of the negligence or abuse by the Client, Client’s agents, employees, vendees, or representatives in the use of ESS Service or arising out of any representation or warranty made by Client, its agents, employees or representatives with respect to ESS or its Service.
Property & Relationship
Client may, fully subject to ESS’s prior, written, case-by-case decisions regarding such, utilize ESS’s property for commercial purposes. This includes all website content, all Services, products, written materials, and templates licensed, owned, or otherwise.
No Client or user of the website has permission to violate our copyright, attempt to steal information from us or our users, or interfere with our Service or website. No user of the website or Client has permission to use our site for any purpose outside of evaluating the suitability of, or engaging in, our Service. Breach of the above may lead to civil and/or criminal proceedings.
Client will protect their communication and data with ESS at all times. Client will notify us immediately at ‘email@example.com’ of any known or suspected breach of their data.
The relationship between ESS and Client is that of Leasor and Leasee. Client will not modify any ESS Service without written permission from ESS. Client may not sell/rent/lend/share ESS materials or otherwise allow access to ESS materials by a third-party without express written permission except as reasonably needed to use the Service as intended for personal use (such as providing copies of documents to title companies, bankers, or tax professionals to perfect Client’s Plan records or select investment).
Term and Termination
Client may terminate the use of our Services per the terms of their specific, written, agreement with us. ESS may terminate a given client for cause.
Unless earlier terminated as provided, the term of this Agreement shall commence on the day EndStateSolutions.com was first visited and shall continue perpetually.
Completeness & Changes
This Agreement terminates and supersedes all prior understandings or agreements on the subject matter hereof unless said understanding or agreement is signed by representatives of both parties. This Agreement may be modified from time-to-time by ESS. 30 days after an email notification has been sent that terms have been altered, changes will be binding.
Law & Headings
This Agreement shall be construed and enforced in accordance with the laws of the state of Washington.
If any term of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement, including all of the remaining terms, will remain in full force and effect as if such invalid or unenforceable term had never been included.
Client also acknowledges that the terms and conditions of this Agreement are reasonable, fair, and equitable. Client acknowledges no aspect of this Agreement may be assigned or transferred to a third party.
This Agreement is entered into in Klickitat County, Washington. You consent to the exclusive jurisdiction of the state of Washington and county of Klickitat for any dispute arising from or related to this Agreement.
You consent to and agree that the exclusive forum and venue for any dispute arising from or related to this Agreement will be a court located in the state of Washington and county of Klickitat. Each party shall bear its own costs and expenses in any legal action regardless of outcome unless the court orders otherwise.
If you live in a jurisdiction that prohibits or will not honor any part of this agreement you may not be a Client of ESS. You may request an exemption by ESS to this policy in advance of becoming a Client.
Client agrees that ESS will use any email address provided by, or updated by Client, to send any notices, alerts, advice, or changes we deem appropriate to help Client be successful with our Service.
Any notice required by this Agreement or given in connection with it, shall be in writing and shall be given to the appropriate party by the email address associated with their account if to a client, or to ‘firstname.lastname@example.org’ if to ESS.
Unless otherwise agreed by mutual email consent, for any legal filing or proceedings we and the Client agree to use a mail service such as the USPS or UPS with signature confirmation of delivery. If to us, sent to ESS, Attn: C. Evans, 20 Anderson Rd, White Salmon, WA 98672-8336. If to Client, to the address listed in their account.
Headings used in this Agreement are provided for convenience only and not to construe intent. Any questions or concerns can be addressed by emailing email@example.com. These Terms of Service are dated December 7th, 2020.