Terms of Use

1. Acceptance of These Terms

These Terms of Use (“Terms”) form a legal agreement between you and EstimateBusinessValue, LLC, a South Dakota limited liability company doing business as ROI Selling (“we,” “us,” or “our”). They govern your access to and use of the website at roi-selling.com, the ValueNavigator application, and any related content, tools, or services we provide (together, the “Services”).

By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, do not use the Services. If you are entering these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity, and “you” refers to that entity.

2. Changes to These Terms

We may update these Terms from time to time. When we do, we will revise the effective date shown above. Material changes will be communicated through the Services or by other reasonable means. Your continued use of the Services after an update takes effect constitutes acceptance of the revised Terms.

3. Eligibility and Accounts

The Services are intended for business use by individuals who are at least 18 years old and able to form a binding contract. If your use of the Services requires an account, you agree to provide accurate information, keep your credentials confidential, and remain responsible for all activity that occurs under your account.

Notify us promptly at support@roi-selling.com if you believe your account has been accessed without authorization.

4. Permitted Use

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Services for your internal business purposes.

You agree not to: (a) copy, modify, distribute, sell, sublicense, or create derivative works from the Services; (b) reverse engineer or attempt to derive the source code or underlying models of the Services, except to the extent this restriction is prohibited by applicable law; (c) use automated means to access, extract, or index the Services in a way that burdens our infrastructure or circumvents access controls; (d) use the Services to develop a competing product or service; (e) upload unlawful, infringing, or malicious content; or (f) interfere with the security or integrity of the Services.

5. Your Content and Inputs

You retain all rights in the data, assumptions, figures, and other materials you submit to the Services (“Your Content”). You grant us a limited license to host, process, and transmit Your Content solely to operate and improve the Services and to provide support to you.

You are responsible for ensuring you have the rights necessary to submit Your Content and that doing so does not violate any confidentiality obligation, contract, or law that applies to you.

6. Business Cases, Models, and Outputs

The Services help you build business cases, return-on-investment models, and related financial narratives using inputs you provide together with benchmark and reference data. Outputs are estimates and decision-support material. They are not financial, investment, accounting, tax, or legal advice, and they are not a guarantee of any particular result.

Outputs depend heavily on the accuracy of the assumptions and inputs supplied. You are responsible for reviewing every output, validating its assumptions, and deciding whether it is appropriate for your circumstances before relying on it or sharing it with a third party.

7. Third-Party Research and Benchmarks

Portions of the Services and this website reference research, statistics, or benchmarks published by third parties. Those materials remain the property of their respective owners, are attributed where used, and are provided for general informational purposes. We do not warrant the accuracy, completeness, or ongoing availability of third-party data, and referencing a third party does not imply that party endorses us.

8. Our Intellectual Property

The Services, including their software, design, text, graphics, methodologies, and the ValueNavigator and ROI Selling names and logos, are owned by EstimateBusinessValue, LLC or its licensors and are protected by intellectual property laws. Except for the limited rights expressly granted in these Terms, no rights are transferred to you.

9. Feedback

If you send us suggestions or feedback about the Services, you grant us a perpetual, irrevocable, royalty-free license to use it without restriction or obligation to you. We welcome feedback but ask that you not send us confidential information you do not wish us to use freely.

10. Third-Party Sites and Services

The Services may link to or interoperate with third-party sites and services, including our privacy policy host, our analytics providers, and our marketing platform. We do not control those third parties and are not responsible for their content, practices, or availability. Your use of a third-party service is governed by that party’s own terms and policies. See our Cookie Policy and Privacy Policy for details on the providers we use.

11. Availability and Changes to the Services

We aim to keep the Services available and reliable, but we do not guarantee uninterrupted access. We may modify, suspend, or discontinue any part of the Services, and may impose limits on certain features, with or without notice.

12. Disclaimers

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE OR THAT ANY OUTPUT WILL BE ACCURATE OR ACHIEVE A PARTICULAR OUTCOME.

13. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOST REVENUE, LOST DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US FOR THE SERVICES IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100). THESE LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY AND FORM AN ESSENTIAL BASIS OF THE AGREEMENT BETWEEN US.

Some jurisdictions do not allow certain exclusions or limitations, so some of the above may not apply to you.

14. Indemnification

You agree to indemnify and hold harmless EstimateBusinessValue, LLC, its affiliates, and their officers, employees, and agents from any claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of your use of the Services, Your Content, or your breach of these Terms.

15. Termination

You may stop using the Services at any time. We may suspend or terminate your access if you breach these Terms, if we reasonably believe your use creates risk or legal exposure, or if we discontinue the Services. Sections addressing your content license, our intellectual property, disclaimers, limitation of liability, indemnification, and governing law survive termination.

16. Governing Law and Venue

These Terms and any dispute arising out of or relating to them or the Services are governed by the laws of the State of South Dakota, without regard to its conflict-of-laws rules. You and we agree that the exclusive venue for any dispute not subject to informal resolution will be the state or federal courts located in South Dakota, and each party consents to personal jurisdiction there.

The United Nations Convention on Contracts for the International Sale of Goods does not apply. To the extent permitted by law, any claim must be brought within one year after it arises.

17. General Terms

These Terms, together with any policies referenced in them, are the entire agreement between you and us regarding the Services. If any provision is found unenforceable, the remaining provisions stay in effect. Our failure to enforce a provision is not a waiver of it. You may not assign these Terms without our written consent; we may assign them in connection with a merger, acquisition, or sale of assets. Nothing in these Terms creates a partnership, agency, or employment relationship.

18. How to Contact Us

Questions about these Terms can be sent to support@roi-selling.com or by mail to:

EstimateBusinessValue, LLC (dba ROI Selling)
514 Americas Way, PMB 20083
Box Elder, SD 57719