Terms & Conditions

Management One Service - Terms and Conditions

These terms and conditions form part of Your Service Agreement with Management One, LLC (“We”, “Our”, or “Us”) and are hereby incorporated into that Agreement.  Capitalized terms not defined in these Terms and Conditions have the meanings set forth in the Agreement

  • Your data that You provide to Us and the results of Our calculations performed on your data are your property.  We always respect the confidentiality of conversations, information and work done for or with you as our client.  It is understood that this agreement provides no exclusivity in market, territory, or industry. None of your personally identifiable information or any of your financial information or plans will be shared with any other client without your written consent, nor will another client’s situation, information or plans be shared with you or any other client without appropriate written consent.  We calculate aggregated, anonymous statistics on the performance of our clients, and we occasionally share these statistics with our client base and business partners - again, without divulging any personally identifiable information about individual clients or their businesses.

  • All services provided under this agreement are provided “as is” and on a “commercially reasonable effort basis”.  

  • THERE ARE NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, EVEN IF WE HAVE BEEN INFORMED OF SUCH PURPOSE. 

  • YOU AGREE THAT WE WILL NOT IN ANY EVENT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, AND PROPERTY DAMAGE, LOST PROFITS OR OTHER ECONOMIC LOSS ARISING IN CONNECTION WITH OUR CONSULTING SERVICES, OUR SOFTWARE PLATFORM RETAIL ORBIT, OR THE WORK PRODUCT UNDER THIS AGREEMENT.  EACH PARTY’S RESPECTIVE LIABILITY ARISING OUT OF SERVICES PERFORMED UNDER THIS AGREEMENT SHALL NOT EXCEED THE EQUIVALENT OF ONE YEAR OF FEES PAID BY YOU TO US UNDER THIS AGREEMENT.

  • Nothing in this Agreement may be construed to create a joint venture or partnership between the parties or an employee–employer or principal–agent relationship between the parties. The relationship created by this Agreement is that of independent contractor. Neither party has any express or implied right or authority to assume or create any obligations on behalf of or in the name of the other party or to bind the other party to any contract, agreement, or undertaking with any third party.  Neither party may represent to any other person, or assert in any form or forum, anything to the contrary.

  • By entering into this Agreement, you give Us the right to identify You as a client of Management One and We may publicly display Your name and logo to identify You as such.  We will not conduct any other marketing activities related to Your use of the service without your consent.

  • If any suit or action arising out of or related to this Agreement is brought by any party, the prevailing party or parties shall be entitled to recover the costs and fees including without limitation reasonable attorneys' fees, the fees and costs of experts and consultants, copying, courier and telecommunication costs, and deposition costs and all other costs of discovery incurred by such party or parties in such suit or action, including without limitation any post trial or appellate proceeding, or in the collection or enforcement of any judgment or award entered or made in such suit or action.

  • The rights and remedies under this Agreement are cumulative and are in addition to and not in substitution for any other rights and remedies available at law or in equity or otherwise.

  • The failure or neglect by a party to enforce any of the rights under this agreement will not be deemed to be a waiver of that party's rights.

  • You may not assign this Agreement without the prior written consent of Us, which consent may be withheld in our sole discretion.

  • All notices, requests, demands, or other communications made under or pursuant to this Agreement shall be made in writing and shall be deemed to have been duly given on the date of service if served personally on the party to whom notice is to be given or on the date mailed to the party to whom notice is to be given, by first class mail, registered or certified, postage prepaid and return receipt requested, and properly addressed to the other party at the address set forth in this Agreement.  Where sent by email, on the date that the email is received. 

  • This Agreement, its validity, construction, and effect will be governed by the laws of the State of Arizona.  The parties agree that they shall be subject to the jurisdiction of the courts located in Pima County, Arizona, and agree that venue for any litigation arising from or otherwise related to the construction, interpretation, or enforcement of this Agreement shall lie exclusively in the courts located in Pima County, Arizona.

  • Management One reserves the right to modify these Terms and Conditions at its convenience.

Last update:   May 27, 2025