ACCEPTANCE OF TERMS OF SERVICE
This document was last updated on October 23, 2018.
You must review and accept this Terms of Service Agreement (“Terms of Service”) before using our services or accessing our client portal. The Terms of Service set forth the standards of use of the Service provided by Longer Days Holdings, LLC (“LongerDays”) for Registered Clients and individuals who the client authorizes to use the Service on their behalf. By using LongerDays’ Services or client area you (“the Client” or “you”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of our services. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted on longerdays.com/about/legal/terms-of-use/. You will be notified of changes to the Terms of Service via the email account that you used to register for service. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
Access To Client Portal
You must be eighteen (18) years or older to legally access and agree to the Terms of Service set forth herein. If you are under eighteen years old, you are not permitted to access nor acquire any services from LongerDays.
If at any time the Client is dissatisfied with the services LongerDays has provided, the Client can request a refund for unused time from the current month. The Client will not receive a refund for material charges or a refund for every month that the Client was billed for our service. In other words, if the Client signed up in January and became dissatisfied the following September, the Client would get a refund for the unused hours that were pre-purchased for September, not a refund for the entire 9-month period.
Description of Service
LongerDays is providing the client with Virtual Business Services (the “Service”). The client must provide all documents, instructions, and equipment necessary for satisfactory completion of Service. The scope of Service may include, but is not limited to: remote administrative assistance, telephone receptionist services, graphic design, e-mail monitoring, web development, social media marketing, ghost writing, data entry, internet research, task automation, business process outsourcing, scheduling, invoicing, bookkeeping, database management, travel planning, proofreading, video editing, and customer support. The scope of the service may be limited or expanded by Client and LongerDays, as they mutually agree. We go to great lengths to make sure any information provided by our Service is accurate and useful, however, our role is to be an assistant to the client, not an expert consultant. We recommend seeking professional assurance that any information provided by our Service, and your interpretation of it, is appropriate to your particular situation.
Subscription Payment Method
Our Service is provided on a pay-in-advance, monthly subscription model. Client will be billed immediately upon signup and the Service plan renews the first day of each month until Client cancels the Service. Your plan can be upgraded during the current billing cycle or downgraded effective on the next billing cycle.
To cancel services and cease future billing, complete the Service Cancellation Form located at: longerdays.com/service-cancellation Failure of credit card payment upon renewal does not constitute cancellation. Service will be suspended due to non-payment, however Client remains responsible for subscription charges incurred.
It is the Client’s responsibility to assign enough work so LongerDays can productively use the hours included in the Client’s monthly subscription plan. We cannot issue refunds for unused time of past months because, regardless of whether the Client utilizes the Service or not, LongerDays is obligated to maintain the level of staff required to provide the Service should the Client decide to utilize it at any point during the month. Maintaining proper staffing levels is the reason we have monthly plans.
In the event Client provides ample work and LongerDays fails to fully utilize all paid subscription time, LongerDays will roll time over onto next month to complete the work in question (not necessarily all of the unused time on Client’s plan). Unused roll over hours expire after 30 days.
All material charges will be made known to the Client in advance. The Client will never receive a bill for material charges that the Client did not authorized in advance. The credit card used to pay for the Client’s monthly subscription plan will be charged within thirty days (30) of the date the Client approved the material charges.
Overuse of Services (Overages)
If you use all of the hours that are included in the your monthly plan subscription, LongerDays will stop work and notify you that before any additional services can be provided, the Client must choose one of the following three options:
- Upgrade up to a larger monthly plan (prorated for the first month)
- Continue working at the current plan’s effective hourly rate
- Tell us to stop work until Client’s plan refreshes at the beginning of the month
If LongerDays uses more time than what is prepaid under the Client’s plan amount without Client’s authorization, Client will not be billed for those hours. If the client is notified of the excess time use and then approves continuation of work, Client will be billed for all hours used.
Task Turn Around Time
Due to the variety of tasks submitted to us, we cannot guarantee a standard turn around time. The turn around time for each task submitted to us depends on a number of factors, primarily the size and complexity of the task. We always try to complete tasks as quickly as possible, and our clients often experience turn around times of less than one (1) business day, however, the fastest turn around time you should expect under normal circumstances is one (1) business day for all non-scheduled tasks. Scheduled tasks (ongoing tasks) are to be completed by the scheduled date.
LongerDays is your agent. Anything we do on your behalf has the same effect as if you have done it yourself. As your agent, with permission, we can provide information to others, make recommendations to others, make promises you have authorized to be made, send communications in your name, make purchases or render services, or anything else that you need done and that we can do. Our responsibility is to carry out your instructions and to work within the limits of the authority you grant us. You and you alone are responsible for the transactions entered into on your behalf, and this responsibility continues even if you stop being our Client.
Disclaimer of Warranties
The service provided by LongerDays is on an “as is” and “as available” basis. To the fullest extent permitted by applicable law, LongerDays makes no representations or warranties of any kind, express or implied, regarding the use or the results of services in terms of its correctness, accuracy, reliability, or otherwise. LongerDays shall have no liability for any interruptions in the use of service. LongerDays disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement.
Limitation of Liability
LONGERDAYS SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR LONGERDAYS SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THE USE OF SERVICE OR THE INFORMATION PROVIDED FROM IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF LONGERDAYS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE SATISFACTION GUARANTEE CONTAINED WITHIN THE TERMS OF SERVICE LIMITS CLIENT TO A REFUND OF ONLY THE UNUSED PORTION OF PRE-PAID TIME AND DOES NOT CREATE A CLAIM FOR DAMAGES AND DOES NOT CONFLICT WITH THIS LIMITATION OF LIABILITY.
As our Client, you agree to indemnify and hold LongerDays, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of your use of the Service, the violation of this Agreement, or infringement by you, or other user of the Service using Client’s computer, of any intellectual property or any other right of any person or entity.
Client will receive login information to access Client’s account. The Client is entirely responsible for any and all activity that occurs under their account whether authorized or not. The Client agrees to notify LongerDays of any unauthorized use of the client’s account or any other breach of security that becomes known by the Client. The Client is entirely responsible for any unauthorized activity that occurs under their account as a result of the Client’s failure to maintain security of its account. The Client’s right to use the Service is personal to the Client. Client agrees not to resell or make any commercial use of the Service without the express written consent of LongerDays.
Non-Solicitation of Employees
Client agrees that by engaging the services of LongerDays, it may be working with and have material and personal contact with employees of LongerDays. Client therefore covenants and agrees that during the terms of Service used by Client and for two (2) years after the termination thereof, regardless of the reason for the termination of service, Client will not, directly or indirectly, on its own behalf or on behalf of or in conjunction with any person or legal entity, recruit, solicit, induce, or attempt to recruit, solicit, or induce, any employee of LongerDays to terminate their employment relationship with LongerDays. Client agrees that should Client violate the terms of this Agreement, Client will be liable for a liquidated damage in the amount of $20,000 per each employee induced to separate from LongerDays and all reasonable costs and attorney fees related to the collection of same.
Modifications and Interruption to Service
LongerDays reserves the right to modify or discontinue the Service with or without notice to the Client. LongerDays shall not be liable to Client or any third party should LongerDays exercise its right to modify or discontinue the Service. Client acknowledges and accepts that LongerDays does not guarantee continuous, uninterrupted access to our website or Service and operation of our website or Service may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that LongerDays is not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the Terms of Service and privacy policies of each site, and we are not responsible therein. We encourage all Clients to review the Terms of Service and privacy policies of third-parties’ sites before use.
Disclaimer Regarding Accuracy of Vendor Services and Products
While LongerDays makes every effort to ensure that the information provided by our Service is accurate; we can make no representations or warranties as to the accuracy or reliability of any product specifications, services, and other information that have either been provided by Vendors or collected from publicly available sources. LongerDays makes no warranties or representations whatsoever with regard to any product provided or service offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.
Our company is located and operated in the State of Michigan. As such, we are subject to the laws of the State of Michigan, and such laws will govern this Terms of Service, without giving effect to any choice of law rules. We make no representation that our service or website are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the laws of the State of Michigan and agree that you are doing business within the County of Muskegon, State of Michigan and therefore subject to the jurisdiction of the Courts within Muskegon County, Michigan.
Compliance with Laws
Client assumes all knowledge of applicable law and is responsible for compliance with any such laws. Client may not use the Service in any way that violates applicable local, state, federal, or international laws, regulations or other government requirements. Client further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law or regulation.
Copyright and Trademark Information
All content included or available on LongerDays.com, including our site design, the text, graphics and interfaces on our site, and the selection and arrangements of the elements of our site is © 2007-2018 by Longer Days Holdings, LLC, with all rights reserved, or is the property of Longer Days Holdings, LLC and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of LongerDays.com is strictly prohibited. Clients agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of LongerDays.
LongerDays, Longer Days Holdings, and LongerDays.com, are proprietary marks of Longer Days Holdings, LLC. LongerDays’ trademarks may not be used in connection with any product or service that is not provided by LongerDays, in any manner that is likely to cause confusion among our customers, or in any manner that disparages or discredits LongerDays. Your use of our Service does not grant you any rights to use our marks or our copyrighted material without written permission.
All other trademarks displayed on the LongerDays.com website are the trademarks of their respective owners and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the websites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with LongerDays.
Notification of Claimed Copyright Infringement
Pursuant to Section 512© of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, LongerDays.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement:
Jason Pliml, CEO
By Mail: 360 W Western Ave, Floor 3, Muskegon, MI 49440
By Telephone: 1 (800) 507-1622
By Email: email@example.com
If a dispute arises regarding the interpretation or enforcement of any provision of this Terms of Service Agreement, the parties agree to meet in person or by telephone to attempt in good faith to resolve the dispute. If that discussion fails, they agree to submit the dispute to the Mediation & Restorative Services (mediatewestmichigan.com) or to a mediator acceptable to each of them, with the mediator’s fee being shared equally. If the mediator fails to bring about a mutual resolution of the dispute, the same person shall arbitrate the dispute using the rules promulgated by the American Arbitration Association. The arbitrator’s decision shall be binding on the parties and shall include an allocation of the costs for the mediation/arbitration service. This process shall be the sole recourse of the parties in the event of a dispute, other than for the enforcement of the arbitrator’s award, which may be had by application to the Circuit Court of Muskegon County, Michigan, which shall have exclusive jurisdiction over the matter.