Chilly Water Consulting LLC
d/b/a The Heritage Exchange
Effective Date: January 1, 2006
Welcome to www.theheritageexchange.net (the “Website”), owned and operated by Chilly Water Consulting LLC, a Nebraska limited liability company, doing business as The Heritage Exchange (“Company,” “we,” “us,” or “our”).
By accessing this Website or purchasing services, you agree to the following legally binding Terms.
1. BUSINESS MODEL DISCLOSURE
The Heritage Exchange provides marketing, promotional, listing, and consulting services.
We are not:
A broker
An auctioneer
An escrow service
A financing institution
A dealer (unless separately disclosed in writing)
We provide marketing exposure only. We do not guarantee:
A sale
A buyer
A specific number of leads
Revenue outcomes
Buyer performance
All transactions occur directly between buyer and seller.
2. PAYMENT TERMS & PCI COMPLIANCE
2.1 Secure Payment Processing
Payments are processed through secure third-party payment processors integrated via Marketing 360.
We do not store full credit card numbers on our servers.
All transactions are processed in accordance with applicable Payment Card Industry Data Security Standards (PCI DSS).
2.2 Data Security
The Website utilizes SSL encryption and secure hosting infrastructure. Payment data is transmitted via encrypted protocols.
While we implement commercially reasonable safeguards, no system is completely secure. By submitting payment information, you acknowledge and accept this inherent risk.
2.3 Customer Obligations
You agree:
Billing information is accurate and authorized.
You will not transmit cardholder data through unsecured channels.
You are the authorized user of the submitted payment method.
3. STRICT REFUND POLICY
All fees are earned upon activation of services unless specifically eligible under the limited 72-Hour Conditional Refund described below.
3.1 No Refund After Activation
Listing fees, marketing packages, setup fees, and consulting services are non-refundable once:
A listing is published
Marketing begins
The listing is activated
Advertising placement is deployed
Digital services are deemed delivered once published or activated.
3.2 72-HOUR CONDITIONAL SELLER REFUND POLICY
A seller may qualify for a refund ONLY under ALL of the following strict conditions:
The seller independently sells the listed machine or asset.
The sale occurs within seventy-two (72) hours of payment for listing services.
The seller provides a notarized bill of sale.
The notarized bill of sale must:
Be dated within 72 hours of payment
Clearly identify the asset sold
Identify buyer and seller
Reflect a completed sale
The refund request must be submitted in writing within 72 hours of payment.
All documentation must be submitted within that same 72-hour window.
Failure to meet ANY of the above conditions voids eligibility.
If approved, the refund will exclude:
Payment processing fees
Administrative costs
Any marketing services already deployed
We reserve sole discretion to determine eligibility.
4. CHARGEBACK & PAYMENT DISPUTE POLICY
By purchasing services, you agree:
Not to initiate a chargeback for services properly delivered.
That listing publication constitutes service activation.
That documentation including service logs, timestamps, IP logs, communications, listing screenshots, and agreement acceptance records may be submitted to the payment processor to contest disputes.
If a chargeback is filed:
You agree to reimburse chargeback fees if the dispute is resolved in our favor.
Fraudulent or bad-faith disputes may result in collection actions or legal proceedings.
We reserve the right to pursue damages for fraudulent chargebacks.
5. NO PERFORMANCE GUARANTEE
We do not guarantee:
Sale of any asset
Quality or seriousness of inquiries
Time to sale
Financial return
Buyer reliability
We provide marketing services only.
6. USER REPRESENTATIONS
You represent that:
You have authority to list the asset.
Information provided is truthful.
Images submitted are owned or authorized for use.
You comply with all applicable laws.
You grant us a non-exclusive license to use submitted content for marketing purposes.
7. WEBSITE USE RESTRICTIONS
You may not:
Use the Website for fraudulent purposes
Misrepresent ownership
Upload malicious content
Copy or scrape listings
Interfere with Website functionality
We may suspend or terminate access at our discretion.
8. INTELLECTUAL PROPERTY
All Website content, branding, layout, graphics, and marketing materials are property of The Heritage Exchange.
Unauthorized reproduction is prohibited.
9. PRIVACY POLICY
9.1 Information Collected
We may collect:
Name
Phone number
Business information
IP address
Device/browser data
Form submissions
Payment transaction metadata (excluding full card numbers)
9.2 Use of Information
We use data to:
Deliver services
Process payments
Communicate regarding listings
Improve Website functionality
Maintain legal and accounting compliance
We do not sell personal information.
9.3 Third-Party Sharing
We may share limited data with:
Payment processors
Marketing 360 hosting infrastructure
CRM systems
Legal authorities when required
9.4 Cookies
We may use cookies and analytics tools to enhance user experience.
Users may disable cookies via browser settings.
10. DISCLAIMER OF WARRANTIES
The Website and services are provided “AS IS” and “AS AVAILABLE.”
We disclaim all warranties including:
Merchantability
Fitness for a particular purpose
Non-infringement
Continuous availability
11. LIMITATION OF LIABILITY
To the fullest extent permitted by law:
Total liability shall not exceed the amount paid for the service in question.
We are not liable for indirect, incidental, consequential, or punitive damages.
12. INDEMNIFICATION
You agree to indemnify and hold harmless The Heritage Exchange from claims arising from:
Buyer/seller disputes
Misrepresentations
Legal violations
Inaccurate listings
13. GOVERNING LAW
These Terms are governed by the laws of the State of Nebraska.
Any dispute shall be resolved exclusively in Douglas County, Nebraska.
14. MODIFICATIONS
We may modify these Terms at any time. Continued use constitutes acceptance.
15. CONTACT INFORMATION
Chilly Water Consulting LLC
d/b/a The Heritage Exchange
17082 Dora Hamann Pkwy
Omaha, NE 68116
Email: support@theheritageexchange.net
Website: www.theheritageexchange.net
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