Terms

These terms are an agreement between you and Liam Harvey, a sole proprietor trading as Residuals, about your use of useresiduals.com. By using the site you accept them. If you do not, please stop using it — that is the whole enforcement mechanism, and there is no need for either of us to dress it up further.

They do not govern a recovery engagement. That is set out in a separate written services agreement signed by both of us. Where these terms and that agreement conflict, the services agreement governs.

We identify invalid retailer deductions and pursue them as your agent, under the vendor agreements you already have in place with your retailers. That is the whole service.

• Not a law firm. We do not practise law, we do not represent you in legal proceedings, and nothing on this site or from us is legal advice. No attorney–client relationship is created by reading this, emailing us, or engaging us.
• Not a factor or a lender. We do not purchase your receivables, advance funds against them, or take a security interest in them.
• Not a collections agency. We pursue commercial disputes on your behalf under your existing contracts. We are not collecting consumer debt, and the Fair Debt Collection Practices Act has nothing to do with what we do.
• Not your accountant or tax adviser. How a recovery is booked or taxed is between you and your own advisers.

The audit is genuinely free and carries no obligation. You send remittance detail, we return a ledger of what was deducted and what we believe is recoverable, and you decide what to do next. You keep the ledger either way.

• Requesting an audit does not create an engagement, and neither does receiving one.
• We will ask before doing anything with your documents beyond producing the audit.
• You can ask us to delete the files at any point, during or after, and we will.
• The audit reflects the documents you gave us. If they are incomplete, so is the audit.

This matters more than most things on this page, so it is stated plainly.

• The calculator is a planning tool. It multiplies the assumptions you select and displays the arithmetic. It is not a quote, a projection, an offer or a representation of what you will recover, and it knows nothing about your vendor agreements, your documentation or your dispute windows.
• The 3–8% and 20–30% figures are ranges commonly cited in trade literature on deduction management, offered as planning estimates. They are not our measurements and they are not a claim about your business.
• The sample ledger on the home page is illustrative and is labelled as such. It is not a customer record, and the amounts in it are invented for display.

We do not guarantee any recovery, any amount, or any timeframe. Whether a deduction comes back depends on the retailer, the reason code, the documentation and the dispute window — most of which are outside anyone’s control, including ours.

We name retailers and distributors — Kroger, Target, Walmart, Amazon, UNFI, KeHE and others — to describe, accurately, whose deductions we dispute. Those names and marks belong to their respective owners.

When you use the site or send us documents, you confirm that:

• You are acting for a business, and you are authorised to act for the business whose information you send.
• You have the right to share the documents you send us, and sharing them with us does not breach an agreement you have with someone else.
• The information you give us is accurate to the best of your knowledge.

And that you will not:

• Disrupt, probe or overload the site, or attempt to access parts of it that are not public.
• Scrape it at volume, or reuse its content as your own.
• Submit information that is not yours to submit, or impersonate anyone.
• Use anything here to build a competing service.

The text, design, code and materials on this site belong to us. You are welcome to read them, quote them with attribution, and send them to a colleague. You may not republish them as your own or resell them.

Anything you send us stays yours. We claim no ownership over your documents or your data — we only need permission to use them to do the work you asked for, and that permission ends when the work does.

Prices shown on this site describe our standard plans and can change. They are an invitation to talk, not a binding offer. The fees that bind either of us are the ones in your signed services agreement.

Contingency fees are charged only on amounts actually recovered and credited to you. If nothing is recovered, no contingency fee is payable. What counts as “recovered” is defined in the services agreement, because that definition is exactly the sort of thing that should not be left to a website.

Nothing here excludes any liability that cannot lawfully be excluded.

This limit applies to the website. Liability arising from a recovery engagement is dealt with in the services agreement, where the figures are set against what the engagement is actually worth. This clause does not limit liability for fraud, fraudulent misrepresentation, death or personal injury caused by negligence, or anything else that cannot lawfully be limited.

If you send us documents you had no right to send, or use this site in a way these terms prohibit, and someone brings a claim against us as a result, you agree to cover the reasonable costs of defending it. We will tell you promptly, let you control the defence if you want it, and not settle without your agreement.

These terms are governed by the laws of the State of California, without regard to its conflict of laws rules. The courts of Contra Costa County, California have exclusive jurisdiction, and both of us consent to that.

Before either of us files anything, we agree to spend thirty days trying to sort it out directly — a phone call between two people who want it resolved is faster and cheaper than anything that follows.

• If a provision is found unenforceable, the rest stays in force and that provision is narrowed to what is enforceable.
• Not enforcing something once does not waive the right to enforce it later.
• You may not assign these terms without our consent. We may assign them to a successor of the business.
• These terms, plus any signed services agreement, are the entire agreement between us about their subject matter.
• Nothing here creates a partnership, joint venture, employment or franchise relationship.

We may update these terms, and the date at the top will change when we do. Material changes will be flagged on the site before they take effect. Continuing to use the site after that means you accept the new version.

Liam Harvey, Danville, California. hello@useresiduals.com.