Terms of Service
TERMS OF SERVICE
FOR WEBSITE AND
BOTTLENECK DISTANT ASSISTANTS
Last updated September 27, 2021
Bottleneck offers two (2) different Subscription Plans.
- Full Time - $1,840 per month - 40 hours per week
- Part Time - $1,240 per month - 20 hours per week
- Full Time - $2,240 per month - 40 hours per week - Includes 24 ISP hours
- Part Time - $1,440 per month - 20 hours per week - Includes 12 ISP hours
Onboarding Fee: $500
Bottleneck Distant Assistants, LLC, ("BNDA"), does not offer prorated refunds for cancelled subscriptions. All subscriptions are recurring and will automatically renew at the end of each payment period.
Similarly, it is your responsibility to evaluate BNDA, including its features, limitations, and system requirements before selecting any Subscription Plan. BNDA will not issue refunds to customers on the basis of customers not understanding the system requirements, or the presence of compatibility issues, including inadequate internet speed or consistency, or incompatible devices, operating systems, or browser software versions. System incompatibility based on system requirements should be tested during the Introductory Call.
If you decide not to continue the hiring process, the onboarding fee is non-refundable since we have spent time and money sourcing, interviewing, training and instructing candidates. We will waive the fee should you decide to return within the next 90 days from the date with which you have decided to not move forward. If you decide to come back after this timeline, another sourcing fee will be remitted.
The Paid Time Off, ("PTO"), Vacation Policy is to provide Dedicated Distant Assistants, ("DDA"), (DDA working directly with Client on behalf of BNDA) with flexible paid time off from work that can be used for such needs as vacation, personal or family illness, doctor appointments, school, volunteerism, and other activities of the employee's choice. The company's goal is to reduce unscheduled absences and the need for supervisory oversight.
The PTO days you are awarded, effective (date) replace all existing vacation, sick time, and personal business days that you have been allotted under prior policies. The vacation time you have been awarded in the past will carry over, in excess of the PTO policy, per the company's guidelines at the time.
Every DDA is awarded 5 days of PTO each year (see “Specific Eligibility for Paid Time Off (PTO)” section for exceptions to PTO requests below).
In addition, each DDA will be paid for the following holiday vacation calendar each year (Holiday schedule has been created as a guide and can either be accepted as is, changed according to Client business needs, or NOT accepted/approved as indicated in the MOU):
New Year's Day - January 1
Maundy Thursday - Thursday before Easter Sunday
Good Friday - Friday preceding Easter Sunday
Memorial Day - Last Monday of May
Independence Day - July 4
Labor Day - 1st Monday in September
All Saints Day - November 1
All Souls Day - November 2
Thanksgiving Thursday - Fourth Thursday of November
Thanksgiving Friday - Day after Thanksgiving to spend with Family and Friends
Christmas Eve - December 24
Christmas Day - December 25
New Years Eve - December 31
Including the above holiday calendar, every DDA will receive a total of 18 paid days off every year.
The Client has the authority to adjust the days off calendar based on Client business needs; however, it is imperative Client agrees to a specific holiday schedule in advance and share this schedule with BNDA prior to acceptance of the Memorandum of Understanding, ("MOU").
If Client chooses not to pay the identified holidays associated with the PTO, BNDA will still pay the DDA; however, BNDA will issue a refund to Client for said holiday based on the recurring rate divided by the number of days included in Subscription Plan. See "Example*" under Payment Declination below to see how refunds will be calculated.
Client's choice to honor, or not honor, the PTO Policy will be acknowledged in the MOU. PTO is not a requirement of Client. Client will provide written notification within 30 days of the observed holiday to be eligible for refund of the daily subscription amount if they do not follow the Suggested Paid Holiday Calendar as listed above.* Support@bottleneck.online
Guidelines for PTO Use
Each full-time DDA will be awarded PTO via a certain set of days off after they have completed the first 90 days of work unless otherwise directed. PTO is added to the DDA’s PTO bank when the bi-monthly paycheck to DDA is issued. PTO taken will be subtracted from the DDA's accrued time bank in daily increments.
Project-based DDA’s, independent contractors, and interns are NOT eligible for PTO.
Eligibility to accrue PTO is contingent on the DDA either working or utilizing awarded PTO for the entire bi-monthly pay period. PTO is not awarded in pay periods during which unpaid leave, short or long term disability leave are taken.
DDA’s may use time from their PTO bank in daily increments. The time that is not covered by the PTO policy, and for which separate guidelines and policies exist, include company paid holidays, bereavement time off, required jury duty, and military service leave.
To take PTO requires a minimum two weeks of notice to the Recruitment Manager unless the PTO is used for legitimate, unexpected illness or emergencies. (Use the Leave of Absence form - https://bottleneck.online/leave-of-absence/ - to request PTO.) In all instances, PTO must be approved by the Recruitment Manager in advance.
Unscheduled absences, due to illnesses of four hours or more, that result in consecutive days absent from work, are considered one absence incident in relation to potential disciplinary action.
Progressive disciplinary action relative to incidents of absenteeism is administered on a rolling 12-month calendar as follows with Client approval:
One - three incidents: No disciplinary action. Supervisory coaching.
Fourth incident: Verbal warning with a documented coaching session.
Fifth incident: Written warning in the DDA’s file.
Sixth incident: Member termination.
A DDA who receives a second written warning in a rolling 24 month time period will have his or her opportunity terminated, based on Client approval/acceptance.
A DDA who has used all of his or her PTO, and is still unable to return to work, will have his or her opportunity terminated, based on Client approval/acceptance.
Any DDA who misses two consecutive days of work without notice to their supervisor may be considered to have voluntarily quit their job and Client will be notified as soon as possible or Client reports absence to email@example.com.
Specific Eligibility for Paid Time Off (PTO)
PTO is earned on the following schedule based on the DDA's part-time or full-time work week.
Each DDA must use their PTO within each calendar year. DDA’s are responsible for monitoring and taking their PTO over the course of a year so that they do not lose PTO when the current calendar year ends. (PTO is subject to supervisory approval and not every DDA can take accumulated time in December; BNDA must continue to serve Clients.)
If extenuating business circumstances prevented the DDA from taking scheduled PTO, this PTO may be carried over and taken in the first half of the next calendar year with the approval of the Recruitment Manager and agreed upon by Client.
DDA’s will not be paid for the PTO they have not taken if they are terminated or decide to quit.
Cost of Living Increase.
Commencing as of January 1, 2022, and on every even year on January 1st thereafter, the then effective recurring rate shall be increased (but not decreased) by an amount which shall reflect the increase, if any, in the cost of living during the previous 12 months by adding to the recurring rate an amount computed by multiplying the recurring rate by the percentage by which the level of the Consumer Price Index for the Philippines, as reported on January 1st of the new year by the Republic of the Philippines, Philippines Statistic Authority has increased over its level as of January 1st of the prior even year.
Client will be notified 6 months in advance about the price increase.
Client shall pay for all subscription fees, and hereby authorizes Bottleneck Distant Assistants, LLC (and its payment processors) to either debit Client’s bank account or charge Client’s credit/debit card as stated on Client’s channel subscription and billing page. Client agrees that all subscriptions are recurring and will renew automatically. Client shall also be solely responsible for paying and remitting to the appropriate tax authorities all applicable taxes (withholding tax, sales tax, services tax, value-added tax (VAT), goods and services tax (GST), etc.) or duties imposed by any government entity or collecting agency except those taxes based on Bottleneck Distant Assistants, LLC’s net income. In the event Client fails to satisfy its tax and/or duty obligations herein, Client shall reimburse Bottleneck Distant Assistants, LLC upon demand for any taxes and/or duties paid on behalf of Client and shall defend, indemnify and hold Bottleneck Distant Assistants, LLC harmless against any claim and/or liability (including penalties) resulting from Client’s failure to pay such taxes and/or duties.
Client acknowledges that all subscription fees are charged automatically on a recurring basis until the Client cancels their channel subscription with appropriate notice. Client may cancel their subscription by sending an email to firstname.lastname@example.org with the subject line “Please Cancel My Subscription”. A confirmation email receipt is sent to the Client with the expiration date of the subscription.
BNDA does not offer prorated refunds for cancelled subscription plans. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
Once the minimum Subscription Plan has been met, Client can cancel at any time according to the Cancellation Policy herein above.
BNDA offers flexibility with each program allowing customers to upgrade, downgrade, and cancel with two (2) weeks notification unless Client is on a weekly payment arrangement.
Client can cancel their Subscription Plan at any time after the minimum commitment has been completed. There will be NO REFUNDS or prorated refunds for any Subscription Plan commitment.
Finally, BNDA offers a monthly Subscription Plan. We recommend this plan for customers who are certain that BNDA is compatible with their business. It is Client's responsibility to evaluate BNDA, including its features, limitations, and system requirements before selecting either a part time or full time subscription plan.
BNDA will NOT issue refunds to Subscription Plan customers on the basis of customers not understanding the system requirements, or the presence of compatibility issues, including inadequate internet speed or consistency, or incompatible devices, operating systems, or browser software versions.
When you choose monthly Subscription Plan, you are entering into a monthly Subscription Plan agreement.
If Client decides to cancel before a specific monthly billing, the balance of the monthly commitment will be non-refundable and the next billing cycle will be terminated.
If Client payment is declined or unpaid after one (1) week, the DDA will be instructed to halt work until such time as the balance due is satisfied. Any days unpaid due to a lapse in the Subscription Plan will be billed at the Daily Rate* with a late fee of $40 USD.
The following additional fees will apply to the use of your services, where applicable:
Chargeback Fee - $25 plus the full chargeback amount
ACH/Electronic Bank Reject Fee - $25 + any merchant fees
Returned Check Fee: $20
AGREEMENT TO TERMS
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent that local laws are applicable.
INTELLECTUAL PROPERTY RIGHTS
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
Use a buying agent or purchasing agent to make purchases on the Site. Use the Site to advertise or offer to sell goods and services. Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
Engage in unauthorized inserting of or linking to the Site. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords. Make improper use of our support services or submit false reports of abuse or misconduct.
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools. Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
Attempt to impersonate another user or person or use the username of another user. Sell or otherwise transfer your profile. Use any information obtained from the Site in order to harass, accuse, or harm another person. Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavour or commercial enterprise.
Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site. Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
Upload or transmit (or attempt to upload or transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
Except as may be the result of standard search engine or internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site. Use the Site in a manner inconsistent with any applicable laws or regulations.
USER GENERATED CONTRIBUTIONS
The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you hereby represent and warrant that:
The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libellous, slanderous, or otherwise objectionable (as determined by us).
Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
Your Contributions do not violate any applicable law, regulation, or rule.
Your Contributions do not violate the privacy or publicity rights of any third party.
Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
Your Contributions do not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
By posting your Contributions to any part of the Site or making Contributions accessible to the Site by linking your account from the Site to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, reuse, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sub-licenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redirect, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
GUIDELINES FOR REVIEWS
We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
MOBILE APPLICATION LICENSE
Apple and Android Devices
As part of the functionality of the Site, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) be either: (1) providing your Third-Party Account login information through the Site; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Site via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through the Site. You will have the ability to disable the connection between your account on the Site and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Site. You can deactivate the connection between the Site and your Third-Party accountability contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that became associated with your account.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
THIRD-PARTY WEBSITES AND CONTENT
We allow advertisers to display their advertisements and other information in certain areas of the Site such as sidebar advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements you place on the Site and any services provided on the Site or products sold through those advertisements. Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Site, including, but not limited to, intellectual property rights, publicity rights, and contractual rights. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.
We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.
TERM AND TERMINATION
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under you name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you any third party for any modification, price change, suspension, or discontinuance of the Site.
If the parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, you will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Green County, MO. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
In no event shall any Dispute brought by either Party related in any way to the Site be commences more than one (1) year after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of the court.
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedure; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR $1,000.00 USD. CERTAIN SITE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any data, and you hereby waive any right of action against us using from any such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:
Bottleneck Distant Assistants,
2348 E. Seminole Springfield, MO 65804
Stop The Bottleneck In Your Business
No More Overtime. No More Stress. More Time With Your Loved Ones.