Membership Terms and Conditions
These Terms and Conditions govern access to and participation in the membership services provided by ResultsCFO and further outlined in ResultsCFO’s Membership Services Agreement and your Member Enrollment Agreement. Members, Clients and other users who access and use any ResultsCFO membership services, applications or privilege agree to be bound by the following Terms and Conditions. Please read these Terms and Conditions carefully. Access and use of RCFO membership services, applications or privilege indicates an acceptance of these Terms and Conditions. If you do not accept these Terms and Conditions, RCFO’s Membership Services Agreement and your Member Enrollment Agreement, you must not access or use any membership services, applications or privileges.
ResultsCFO may amend these Terms and Conditions from time to time. The scope or content of RCFO’s membership services may also be changed from time to time. The amended Terms and Conditions will be published on ResultsCFO’s site and are effective from the date of publication. ResultsCFO will make every effort to communicate substantial changes to the Member via email or some other form of notification. Access and use of membership services after such amendment indicates an acceptance of the amended Terms and Conditions.
These Terms were last updated on Jan 1, 2020.
Breach of any of the terms and conditions set forth below, in RCFO’s Membership Services Agreement and your Member Enrollment Agreement may result in the suspension or termination of your RCFO membership.
The entity or organization that engages ResultsCFO and appoints the Member to access and use RCFO’s membership services.
- RCFO, ResultsCFO, We, Us
RCFO, LLC; ResultsCFO; RCFO; Results Business Group, Inc.; and any other related entities.
- Invited User
Any person or entity, other than the Client and Member, at the invitation of, and with the sole authorization of, the Member that has access and uses RCFO’s membership services from time to time.
The various membership plans, related services, applications and membership privileges made available by ResultsCFO to its Members, Clients and their Invited Users.
ResultsCFO.com and any other site operated by ResultsCFO or related entity.
Membership Terms and Conditions, Membership Services Agreement and Member Enrollment Agreement.
- You, Your
Refers to any and all users of any RCFO membership services, applications or privileges on behalf of the Member or Client.
Terms and Conditions
A. Membership Terms
- In return for payment of the subscription fees by you, we agree to provide the Services to you based on the terms outlined in your Member Enrollment Agreement.
- During the onboarding process the Client will designate an individual, either the owner or CEO, to be the Member.
- The Member will provide contact and other information; including but not limited to the name, address, phone number of both the Member and the Client.
B. Payment, Refunds, Upgrading and Downgrading Terms
- Payments will be charged using the payment mechanism you have provided and that we have on record for the Client (or the Member on behalf of the Client).
- The subscription is billed in advance on a scheduled basis and said fees are non-refundable. As detailed in the RCFO’s Membership Services Agreement and Member Enrollment Agreement there are no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused during the term of membership.
- Payments allow for the access and use of the Services during the subscription period as agreed to in the Member Enrollment Agreement.
- For any upgrade or downgrade in plan level, you will be charged the new rate commencing from the start of your next billing cycle as outlined in your Member Enrollment Agreement.
- Downgrading your Subscription may cause a reduction in services, features and privileges of your Membership. ResultsCFO has no liability for such reduction.
- Unless the Client (through the Member) notifies ResultsCFO before the end of the applicable subscription period that the Client wants to cancel, using the method described in Section C below, your subscription will automatically renew for the same duration at the end of the then-current period. You authorize us as a part of the membership renewal process to collect the then-applicable subscription fee during the renewal period in accordance with item B.1 above.
C. Cancellation and Termination
- If the Client wishes to terminate its membership, the Member must notify us using our standard membership termination process. The Member is solely responsible for properly cancelling the membership. An email or phone request to cancel your membership is not effective cancellation. The correct process to cancel your membership is outlined in Section C. 2. below.
- Either party may terminate this relationship at any time by written notification (see Section H. 4. a.) provided at least thirty (30) days in advance. If written notification is sent via email, another form of written notification shall also be used. Confirmation of receipt must be tracked by the sending party.
- As stated in both your Member Enrollment Agreement and RCFO’s Membership Services Agreement, there is no refund or credit of monthly fees for cancellation or termination or your RCFO membership.
- Failure to pay your subscription fees for any reason may result in the suspension or termination of your membership, termination of use and access of membership services, features and privileges and, after a short period, the deletion of any data associated with your membership.
- ResultsCFO, in its sole discretion, may decline to provide Services to anyone for any reason, and may suspend or terminate memberships and refuse access to or use of the Services for any reason at any time. Termination of the Services will result in the deactivation or deletion of user memberships or access to user memberships.
D. Modifications to the Service and Prices
- ResultsCFO may modify or discontinue the Services (or any part of them) with or without prior notice.
- Prices of all membership plans, including but not limited to monthly subscription fees, are subject to change. Upon any such change ResultsCFO will provide 30 days’ prior notice of said change. Such notice may be provided by ResultsCFO at any time by posting the changes to our site, by email, or provided through the Service itself.
- ResultsCFO is not liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
E. Copyright and Data Ownership
- This Agreement does not transfer from ResultsCFO to you any ResultsCFO or third-party intellectual property rights, and all right, title and interest in and to such rights will remain (as between the parties) solely with ResultsCFO and our third-party vendors.
- We claim no intellectual property rights over the data you provide us during your membership. All data uploaded by you remains yours. However, if you elect to provide access to your data to other users, you agree to allow us to enable these users to view and or edit this shared content. You are responsible for controlling/authorizing access to your data to Invited Users and other third parties.
- You must maintain copies of all the data you provide to us. ResultsCFO adheres to appropriate professional practice and procedures to reduce the risk of data loss, including a daily data back-up, but RCFO does not make any guarantees that there will be no loss of data. ResultsCFO expressly excludes liability for any loss of data no matter how caused.
- ResultsCFO may at any time or from time to time use your data to derive non-personally identifying, and non-company identifying, information in aggregate form. (e.g., for industry benchmarking or statistical analysis). You hereby consent to such use, in perpetuity, of your data by ResultsCFO and related entities.
- ResultsCFO, its membership plans, its methodology, concepts, systems and processes, algorithms, formulas, templates and models are protected by copyright, trademark, trade secret and other intellectual property rights. All such rights are reserved. You may not reproduce, publish, copy, or reuse any portion of the application code, or visual design elements or concepts included in your membership or any related ResultsCFO website without express prior written consent from ResultsCFO.
- You must not modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any software, models, applications, spreadsheets, calculators, templates or other intellectual property used to deliver the Services.
F. Managing data privacy and data sharing among entities
- You are accountable to ensure the appropriate roles and permissions are applied in order to avoid data being inappropriately shared amongst or with any third-party entities you provide access to your ResultsCFO related data.
- ResultsCFO Members must consider the data privacy arrangements you have in place with your clients/customers, employees, team members or related entities before adding them as an Invited User to ResultsCFO servers.
- You agree to allow ResultsCFO to collect, use and disclose personal information in accordance with the ResultsCFO Privacy Notice (see H.3. below).
G. Limitation of Liability
- You expressly understand and agree that ResultsCFO shall not be liable for any direct, indirect, incidental, special, consequential, punitive or exemplary damages, whether in contract, negligence or otherwise, including but not limited to: damages for loss of profits, goodwill, use, data, information, interference with privacy, business interruption, or other intangible losses relating directly or indirectly to the Terms, the Site or the Services. These exclusions apply even if we knew or should have known that you might suffer loss.
- The advice and services provided to you through your subscription, are solely and strictly business advice and services, and are not intended to be, nor should be construed as, legal or investment advice or services.
- If any Term is implied by law in these Terms and cannot be excluded, then we limit our liability to you under that Term to the maximum extent permitted by law.
- ResultsCFO does not warrant that (i) the Service will meet your specific requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) any errors in the Service will be corrected.
- If you are not satisfied with the Services, your sole and exclusive remedy is to terminate the use of the Services in accordance with Section C.
- If you suffer loss or damage as a result of ResultsCFO’s negligence or failure to comply with these Terms, and the exclusion in this Section G. does not exclude ResultsCFO’s liability, then any claim by you against ResultsCFO arising from ResultsCFO's negligence or failure will be limited in respect of any one incident, or series of incidents, to the Subscription Fees paid by you in the previous month.
- This shall be Client’s exclusive remedy for any breach by RCFO hereunder. Client further agrees that RCFO will not be liable for any lost profits, or for any claim or demand made against Client by any other party. In no event, will RCFO be liable for incidental or consequential damages even if the Client has been advised of the possibility of such damages.
H. General Conditions and Provisions
- Payment Terms and Conditions.
- RCFO will deliver a monthly invoice to Client at least two (2) business prior to Client’s scheduled payment for its Subscription fees.
- RCFO will deliver a payment receipt to Client within ten (10) business days from Client’s payment.
- If any balance is past due, RCFO has the right to discontinue Membership Services to Client, Member and any Invited User until the past due balance is satisfied.
- If Client has a past due balance of more than fifteen (15) days a late fee of 5% of the outstanding balance will be assessed and collected prior to membership privileges being reinstated.
- Independent Contractor.
- RCFO shall perform all services set forth in Membership Services Agreement in the section labeled ResultsCFO’s Commitment, as an independent contractor, and nothing contained herein shall be deemed to create any association, partnership, joint venture, or relationship of principal and agent, or master and servant, or employer and employee between the parties hereto or any affiliates or subsidiaries thereof, or to provide either party with the right, power or authority, whether express or implied, to create any such duty or obligation on behalf of the other party.
- RCFO also agrees not to be treated, or seek to be treated, as an employee of Client for any purpose, including for the purposes of fringe benefits provided by Client, or for disability income, social security taxes and benefits, Federal unemployment compensation taxes, State unemployment insurance benefits, and Federal income tax withholding at sources.
- RCFO agrees to comply with all applicable federal, state, county, and local laws, ordinances, regulations, and codes in the performance of its obligations under this Agreement.
- Privacy Notice. During your membership, RCFO will collect information provided by you, such as, but not limited to, records, worksheets, documents, computer data files, brokerage, credit card, loan, and bank statements; as well as information that RCFO develops as part of the membership. RCFO is committed to the safekeeping of your information and maintains physical and electronic safeguards to protect such. If you request or require RCFO to fax, mail, or email a copy of any data to a third party, your prior written permission is required.
- Any notice (outside of the normal communication in the course of your membership) given under these Terms by either party to the other must be by email and will be deemed to have been given upon transmission. Notices to ResultsCFO must be sent to email@example.com or to any other email address notified by email to you by ResultsCFO. Notices to you will be sent to the email address which you provided when setting up your membership.
- Both parties shall have the right, from time to time, to change the place notice is to be given. Any change shall take effect within ten (10) days of email confirmation of receipt by the other party.
- Paragraph Headings. Paragraph headings are for convenience only and shall not be a part of the Terms and Conditions of this Agreement.
- Waiver. The failure of ResultsCFO to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. The Terms constitutes the entire agreement between you and ResultsCFO and govern your access and use of the Service, superseding any prior agreements between you and ResultsCFO (including, but not limited to, any prior versions of the Terms).
- Non-Disparagement. During the engagement with RCFO and for five (5) years after the termination of this Agreement, you agree not to make any statements, written or verbal, or cause or encourage others to make any statements, written or verbal, that defame, disparage or in any way criticize the personal or business reputation, practices, or conduct of RCFO (including all affiliated and related companies) its employees, directors, and officers. The Parties acknowledge and agree that this prohibition extends to statements, written or verbal, made to anyone, including but not limited to: online channels: social media platforms, employment platforms, review platform/sites, other online portals, listings, directories or sites; the news media; investors and potential investors; purchasers and potential purchasers; any board of directors or advisory board or directors; industry analysts; competitors; centers of influence; strategic partners; vendors; team members (contractors) and employees (past, present and future), and clients (past, present and future).
- Assignment. Neither party may assign any rights or obligations under this Agreement without the prior consent of the other; provided, however, that either party may assign any rights or obligations to a subsidiary or affiliate or to any third party assuming all or part of the business function of the respective party provided that written notice is given to the other party.
- Modification. No modification, waiver or amendment of any term or conditions of this Agreement shall be effective unless and until it shall be reduced to writing and signed by both of the parties hereto or their legal representatives. All legally required amendments will automatically become part of this Agreement five (5) days after notification to both parties.
- Survival. The provisions of this Agreement that by their nature and content are intended to survive the performance hereof, shall so survive the completion and termination of this Agreement.
- Collection Fees. You agree that they shall be liable for the greater of RCFO’s collection fees and expenses actually incurred or attorney’s fees of 33% of the amount due to RCFO’s for the collection of RCFO’s fees if Client breaches this Agreement.
- Indemnification. You further agree to indemnify RCFO, its officers, directors, employees and agents against any liability, claim, or damage asserted by third parties arising out of or in connection with this Agreement or the services provided by RCFO hereunder.
- Authorization. You warrant that you are authorized to bind the Client and the Member to the Terms.
- Governing Law. This Agreement shall be governed by and construed and enforced in accordance with the substantive laws of the State of Maryland as if the Agreement were made in Maryland for performance entirely within the State of Maryland. Both parties’ consent to jurisdiction and venue in the state courts of Montgomery County, Maryland.
- Jury Trial. Both parties waive all rights each may have to trial by jury in any action relating to or requiring the interpretation of this Agreement.
- Severability. If any term or provision of this Agreement should be declared invalid by a court of competent jurisdiction, the remaining terms and provisions of this Agreement shall remain unimpaired and in full force and effect.
- Complete Agreement. This Membership Terms and Conditions together with the Membership Services Agreement and the Member Enrollment Agreement are made a part hereof, constitutes the entire agreement of the parties with respect to its subject matter and may not be modified in any way except by written agreement signed by both parties. There are no other agreements either express of implied with regard to this subject matter.
- Your access and use of your membership services is at your sole risk. ResultsCFO provides its membership services on an "as is" and "as available" basis.
- Support is only provided to paying Members and Clients. Said support is only available via email. Support is only available in English.
- You understand that ResultsCFO uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to provide ResultsCFO’s membership services. ResultsCFO is not responsible for the continuity of the services provided by those vendors.
- You must not attempt to undermine the security or integrity of ResultsCFO's computing systems or networks or, where the Services are hosted by a third party, that third party's computing systems and networks. You must not use, or misuse, the Services in any way which may impair the functionality of the Services.
- You understand that ResultsCFO has certain user system requirements which you are responsible for providing and installing. Such requirements include but are not limited to a suitable email platform, up-to-date internet browser, PDF reader, capability to view and access standard formatted documents, capability to participate and access online meetings and screenshares.
- You understand that the technical provision of your membership services, including your data, may involve (a) transmissions over various third-party networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- In using the Site or the Services, you must not submit content that is misleading or deceptive, unlawful, defamatory, infringes others’ rights, or is likely to cause offence to a reasonable adult. We may amend or remove user-contributed content or terminate your membership at our discretion and without prior notice if such content is submitted. If any use by you of the Site or the Services is in our reasonable opinion an unacceptably high-volume use (including, for example, where that use adversely affects others’ normal use) then we may take action to limit or prohibit your use, for a period of time or permanently.