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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, (“OwnerListens”) to its Users.
  2. OwnerListens also owns the brand known as IMPOWER.solutions and the website at the same URL. Any reference to the former shall include OwnerListens and vice versa and these Terms shall govern users of IMPOWER.solutions as well.
  3. OwnerListens has two types of users: Owners of businesses and Employees they designate to operate on their behalf (collectively referred to as “Owners”) and consumers (“Consumers”) who use the OwnerListens application to send messages to businesses. Owners and Consumers are collectively referred to as “Users”.
  4. OwnerListens 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 OwnerListens you must agree to the Terms. If you do not agree to the Terms, you may not use OwnerListens’s services. If you do not agree to the Terms, please do not use our services and 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 OwnerListens’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 Listens’ 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, purchasing 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. OwnerListens 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 OwnerListens’s behalf.

Description of Services

  1. For Owners, OwnerListens services include a web based messages inbox, which helps Owners message directly and privately with customers. Using the service requires an Internet connected device on the part of the owner or a mobile device capable of receiving SMS text messages, registration, and creation of an account on our website, including providing an email address. Some services may require payment as will explicitly be cited on the site. OwnerListens also requires Owners display OwnerListens signage and use OwnerListens marketing collateral in their place of business. It is the Owner’s financial and operational responsibility to provide the necessary signs, 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. OwnerListens bears no responsibility for carrier charges incurred.
  2. For Consumers, OwnerListens services includes a website gateway and a mobile application (iPhone and Android) to locate nearby businesses and anonymously send a message to them via the OwnerListens system. OwnerListens delivers the message to registered Owners and tries to locate Owners who are not registered and get an answer for Consumers. Additionally, Consumers may send messages via SMS texts to participating businesses.
  3. OwnerListens may change, modify, adjust, or alter, temporarily or permanently, the services that it provides with no prior notification. For Owners using Owner Listens services provided via third party marketplaces such as Wix, Clover, LivePerson etc. will receive 30 day advance notice in case of service discontinuation.
  4. OwnerListens 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. Owners using Owner Listens services provided via third party marketplaces such as Wix, Clover, LivePerson etc. will receive 30 day advance notice in case of service discontinuation.
  5. Third party marketplace providers such as Wix, Clover, LivePerson have no liability to Owners with respect to their use of Owner Listens services through the apps provided on their marketplaces.

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

  1. To use some of OwnerListens’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. For some of OwnerListens’s services, payment is required. Payment may be delivered by credit card, check, or bank transfer/wire.
  3. Signing up by creating an Owner 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.
  4. Providing payment information constitutes representation that the User is fully authorized to commit the business to such a transaction and that the information provided is the true payment information of the business.
  5. It is the User’s sole obligation and responsibility to provide accurate registration information and to keep the information provided to OwnerListens updated, complete, and accurate at all times.
  6. The information provided will be used solely for the provision of services by OwnerListens and is subject to our Privacy Policy. By agreeing to these Terms, you also agree to the provisions of our Privacy Policy.
  7. 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 OwnerListens of any breach or compromise of their account and/or password.
  8. Owners using OwnerListens’s paid monthly subscription service will be billed on the last calendar business day of each month. Owners using OwnerListens services via third party marketplaces will be billed through those marketplaces and in accordance with their policies.
  9. Owners may cancel their subscription at any time by email to [email protected]. or from their account settings. Cancellations become effective on the next billing cycle after the cycle at the time of cancelation. There will be no refund for the current billing cycle during which the cancelation is sent. Services will be provided and fully accessible for the entire billing cycle until the subscription has ended.

Use of Services

  1. It is the User’s obligation and responsibility to use OwnerListens’ 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 OwnerListens’ services to its users, including with OwnerListens 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 OwnerListens 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. OwnerListens may, at its sole discretion, disable or otherwise prevent access to services or to Users accounts or data contained within.
  6. OwnerListens may, at its sole discretion, set limits on the type, amount, volume, frequency, and access to services and content created through the services.
  7. Users accessing or purchasing OwnerListens services through third party marketplaces must note that the OwnerListens app may be removed by the marketplace owner or provider for any reason. For example, if the marketplace believes the app to (1) infringe or violate other parties’ Intellectual Property Rights or any other rights of third parties (2) violate any applicable law, regulation, card association rule or injunction (3) violates the marketplaces’ policies (4) is distributed in a way that breaches the marketplaces’ terms (5) may create liability for the marketplace, or (6) may contain a virus, malware or spyware or may have adverse impact on its systems.

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 OwnerListens We make no statement of support, endorsement or advice for any content other than content explicitly provided by OwnerListens designated and authorized personnel.
  2. While using OwnerListens 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 OwnerListens’ services or send to other Users using OwnerListens’ services. OwnerListens 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. OwnerListens reserves the right to refuse to post, remove, or modify content uploaded to the site in violation of Terms or any applicable laws.
  7. OwnerListens 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.

OwnerListens Proprietary Rights and Intellectual Property

  1. Users acknowledge that OwnerListens 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 OwnerListens’ name, logo, trademark, service mark, domain name, brand features except as explicitly allowed by OwnerListens and only for the purpose of using OwnerListens services.

License from OwnerListens

  1. By agreeing to these Terms, Users receive from OwnerListens a personal, worldwide, royalty free, non-exclusive, non-assignable, non-transferable, limited license to use the website, software and other services provided by OwnerListens 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 OwnerListens 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. OwnerListens 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. OwnerListens 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 OwnerListens or by the User.
  3. Users may terminate their relationship with OwnerListens by closing their account and ceasing to use our service. Notice of termination may also be sent to [email protected]. OwnerListens will close your account within 24 hours of receipt of notice.
  4. OwnerListens 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 OwnerListens 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 OwnerListens 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. OwnerListens makes no warranty that Our services and content will meet your requirements or be free or errors, mistakes, defects, or omissions. OwnerListens makes no warranty that Our services and content will be provided without interruption, error, delays, or security issues. OwnerListens makes no warranty that Our services and content will produce the desired results, or any results whatsoever.
  3. OwnerListens 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. OwnerListens 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. OwnerListens 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. OwnerListens 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 OwnerListens 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 OwnerListens may send an email to [email protected] with the word “Notice” in the subject line. Correspondence via regular mail shall be sent to 771 18th Avenue, Menlo Park, CA 94025
  2. OwnerListens 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 OwnerListens unless otherwise specified in writing by OwnerListens as part of use of certain services.

OwnerListens Privacy Policy

Privacy Policy

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

OwnerListens 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 OwnerListens application to send messages to businesses. Owners and Consumers are collectively referred to as “Users”.

Information Collection and Use

OwnerListens 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. OwnerListens collects information when a Consumer uses our services to send an SMS text message to a business. This information includes the User’s phone number. This data is considered Personal Information unless otherwise publicly posted by the User.

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

OwnerListens collects registration information when an Owner 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.

The Personal Information a User provides will be used to set up a user account to use OwnerListens’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 OwnerListens’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 OwnerListens. All such communications will include the opportunity to unsubscribe from future messages.

Consumer Personal Information will be used to deliver messages to and from Consumers. It may also be used to contact users with relevant information in the 24 hours immediately following their message to a business. All such communications will include the opportunity to unsubscribe from future messages. OwnerListens 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. OwnerListens also uses the data for compliance purposes, to verify User adherence to the OwnerListens Terms of Service (“Terms”), and to all applicable laws. OwnerListens 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 OwnerListens writes to your computer's hard disk for record-keeping purposes. OwnerListens 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 OwnerListens cookies, however this may eliminate the availability of all or certain features or services.

Information Disclosures

Owners that are signed up for OwnerListens’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 OwnerListens with the ability to see the Consumer’s name, device ID, phone number, or location unless the Consumer explicitly approves or 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. OwnerListens 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. OwnerListens recommends carefully guarding such information and using caution and judgment when deciding to disclose any identifying information. OwnerListens will not be responsible for any private information disclosed by Users in the messages they exchange.

OwnerListens 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 OwnerListens. 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.

OwnerListens 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.

Changing or Removing Your Information

You may request at any time for your Personal Information to be changed or deleted from OwnerListens. To do so please email [email protected] Since we often do not have much Personal Information about you, we may need to ask you additional information to identify your record. For example, if you send us an email but we do not have your email, only your phone number, we may ask you to provide that number so that we can erase it and the information associated with it. Personal Information voluntarily shared, by the User, with an OwnerListens Owner cannot be erased from that Owner’s system (e.g. email, phone) by OwnerListens. You must contact the Owner directly in such cases.

Owners with an active OwnerListens account may also change their Personal Information by logging into their Dashboard.

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 OwnerListens represents your consent to this privacy policy including your agreement to international transfer of data.

Protection from Phishing

OwnerListens keeps your information safe to protect you from phishing and identity theft. OwnerListens 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 [email protected] 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

OwnerListens 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

OwnerListens 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 OwnerListens’s rights or property.

Business Transfers

Transactions related to the ownership of OwnerListens, 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 [email protected] 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.

Facebook

Both OwnerListens and IMPOWER.solutions have Facebook apps. Facebook requests basic information which allows allows OwnerListens to retrieve some basic information from your Facebook profile. OwnerListens also specifically requests permission to message on behalf of your Facebook page, access your Facebook page's inbox and manage Calls To Action.

Policy Changes

We may, from time to time, revise this Privacy Policy. Users who have registered and provided their emails to OwnerListens 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. Last updated on January 1st, 2015. If there are privacy related questions we have not answered in this Privacy Policy please email us at [email protected] or [email protected]