Terms and Conditions of Use
The following Terms and Conditions of Use (“Terms”) are entered into by and between you and Downie Services LLC dba Downie Business Solutions (“Company,” “we,” or “us”).
These Terms, together with our Privacy Policy, Disclaimer, and any other documents expressly incorporated by reference, govern your use of www.downiesolutions.com and any subdomains (“Website”), including all materials, resources, information, and services available on the Website, whether as a guest or registered user.
By accessing or using the Website, you agree to be bound by these Terms without modification and acknowledge that you have read them. If you do not agree with any part of these Terms, you must not access the Website.
Privacy Policy
Your use of the Website is also subject to our Privacy Policy. Please review the policy to understand our data collection and use practices. Your agreement to the Privacy Policy is incorporated into these Terms.
Disclaimer
Your use of the Website is also subject to our Disclaimer. Please review the Disclaimer for limitations on the information provided on the Website. Your agreement to the Disclaimer is incorporated into these Terms.
Eligibility and Use Requirements
Age and Authority
To access or use the Website, you must:
1. Be 18 years of age or older and have the legal authority to enter into these Terms
2. Provide accurate information when creating accounts or making purchases
3. Be financially responsible for all purchases made through the Website
If you are using the Website on behalf of a business, you represent that you have authority to bind that entity to these Terms.
Prohibited Users
Children under 18 are prohibited from using the Website. We may refuse service to competitors or anyone previously banned from our services.
Acceptable Use Policy
You agree to use the Website only for lawful purposes and shall not post or transmit any material that is:
You may not use automated systems (bots, crawlers) to access the Website or collect user information for commercial purposes without authorization.
Services and Products
Consulting Services
We offer various business consulting services including strategy, operations, marketing, and training programs. Services are delivered according to agreed-upon scope and timeline, and may include in-person, virtual, or hybrid delivery methods.
Gated Content License
We may offer downloadable resources in exchange for an email address (“Gated Content”). You are granted a limited, non-transferable license for personal or internal business use. You agree not to:
Service Modifications
We reserve the right to modify, suspend, or discontinue any service with reasonable notice, and may refuse service to anyone for any reason.
Payment Terms
Pricing and Payment
Refunds and Cancellations
Late Payments
Overdue accounts may be subject to late fees, service suspension, and collection efforts.
User Submissions and Content
License Grant
By submitting any materials (“Submissions”), including feedback, comments, testimonials, or user-generated content, you grant us a non-exclusive, irrevocable, worldwide license to use, display, and distribute your Submission for business purposes. You agree:
Testimonials
Testimonials and reviews may be used in our marketing materials. We may edit for length and clarity, and may attribute them to you by name and company. You may request removal by contacting us.
Intellectual Property Rights
Our Property
The Website contains intellectual property owned by Downie Services LLC dba Downie Business Solutions, including trademarks, copyrights, and proprietary materials. All content is protected by US and international copyright laws.
Your License
We grant you a limited, non-exclusive license to access and view Website content for personal or internal business use only.
Restrictions
You may not, without our express written permission:
Third-Party Resources and Links
The Website may link to third-party sites or integrate with external services. We do not control or endorse third-party content and are not responsible for any damages resulting from third-party sites. Please review their terms and privacy policies before providing information.
Website Availability and Security
Service Availability
We do not guarantee that the Website will always be available or secure. We may suspend or withdraw access at any time for maintenance, security, or operational reasons.
Your Security Responsibilities
Disclaimers and Warranties
THE WEBSITE AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” We make no warranties regarding:
Business Advice Disclaimer: Our consulting services are based on general business principles. Results may vary, and we do not guarantee specific outcomes. You are responsible for evaluating and implementing recommendations.
Limitation of Liability
To the fullest extent permitted by law, Downie Services LLC dba Downie Business Solutions shall not be liable for:
Maximum Liability: Our total liability shall not exceed the amount you paid us in the 12 months preceding any claim, or $100, whichever is greater.
If you are in a jurisdiction that does not allow such exclusions, our liability is limited to the maximum extent permitted by law.
Indemnification
You agree to indemnify and hold Downie Services LLC dba Downie Business Solutions harmless from any claims, losses, damages, liabilities, or expenses resulting from your:
Termination
By You
You may terminate your use of the Website at any time by discontinuing access. Account closure does not automatically cancel ongoing service commitments.
By Us
We may terminate or suspend your access immediately for violation of these Terms, non-payment, fraudulent behavior, or any conduct that damages our business interests.
Effect of Termination
Upon termination, your right to use the Website ceases, but you remain liable for all charges incurred prior to termination. Certain obligations survive termination, including payment obligations, intellectual property restrictions, and indemnification.
Dispute Resolution
Governing Law
These Terms shall be governed by the laws of the State of New York, and any disputes shall be resolved in courts within Kings County, NY.
Alternative Dispute Resolution
Before filing any lawsuit, the parties agree to attempt resolution through:
- Good Faith Negotiation: Direct discussion for at least 30 days
- Mediation: Non-binding mediation with a mutually agreed-upon mediator in Brooklyn, NY
Both parties will engage in good-faith efforts to resolve conflicts amicably and share mediation costs equally.
Limitation Period
Any claims must be brought within one year of the claim arising.
Changes to Terms
We reserve the right to update these Terms at any time. The “Last Updated” date indicates when changes were made.
Continued use of the Website after changes constitutes acceptance of the updated Terms.
General Provisions
Entire Agreement
These Terms, along with our Privacy Policy and Disclaimer, constitute the entire agreement between you and Downie Services LLC dba Downie Business Solutions.
Severability
If any part of these Terms is found to be unlawful or unenforceable, the remaining sections shall remain in full effect.
Assignment
We may assign these Terms to any party. You may not assign your rights without our written consent.
Electronic Communications
You consent to receive communications electronically, and electronic records have the same legal effect as written documents.
Contact Information
If you have any questions about these Terms, please contact us at:
Downie Services LLC dba Downie Business Solutions
Emailinfo@downiesolutions.com
Phone: (347) 410-5338
Mail: 8316 Avenue J, Suite 19, Brooklyn, NY 11236
Business Hours: Monday-Friday, 9:00 AM – 6:00 PM EST
All rights not expressly granted in these Terms are reserved by Downie Services LLC dba Downie Business Solutions.
These Terms and Conditions are effective as of the date listed above. By using our Website, you acknowledge that you have read, understood, and agree to be bound by these Terms.
