terms of service

The American Operator Holdings Co. Locally Owned and Operated Certification Program (the “Program”) recognizes independently owned small businesses rooted in their local communities, highlighting their contributions to local economic growth and community engagement through the American Operator’s certification (the “Certification”).

Participation in the Program is governed by the Program Terms of Service (the “Program Terms”) set forth below. By participating in the Program, You (“You”, “Your” or “the Company”) agree to comply with these Program Terms, American Operator’s Terms of Service (https://americanoperator.com/terms) (“Terms of Service”), American Operator’s Privacy Policy

(https://americanoperator.com/privacy) (“Privacy Policy”), and, any applicable policies referenced herein (collectively, the “Terms”). American Operator Holdings Co., a Delaware limited liability company together with its Affiliates, as defined below, (collectively, “American Operator”, “we,” “us,” or “our”) reserves the right to amend, modify, or update the Terms at any time, and your continued participation in the Program constitutes acceptance of such changes. While the Certification acknowledges a business’s local ownership status based on criteria defined by American Operator, it does not confer any legal status, financial benefits, or guarantees of business performance.

1. REPRESENTATIONS AND WARRANTIES

American Operator has not, is not, and will not make any guarantees, promises, or warranties that the Company will gain financial benefit or obtain participatory access in any diversity or procurement program as a result of your participation in the Program. American Operator is not owned or affiliated with, and does not sponsor or endorse any particular company applying to the Program. Certification of a business by American Operator is based exclusively on a company's qualifications for Certification and its conduct, as outlined in the Termst. American Operator makes no representations regarding the quality, safety, morality, or legality of any aspect of the company's business, products, or services.

American Operator expressly disclaims all warranties and guarantees of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, non-infringement, or assurities that the Certification will produce any monetary gain or participatory access in any diversity or procurement program.

2. APPLICATION AND APPROPRIATE USES

American Operator does not guarantee or promise approval of Your application in the Program.

You acknowledge that You submit this application at Your own risk and may be denied Certification if You fail to meet the requirements, complete the application process, or fulfill the responsibilities as outlined by these Terms.

3. REQUIREMENTS

Your application for the Program requires the following (“Application”):

The entity must qualify as a Locally Owned Small Business (as defined below);

The entity needs to be in good standing with their state of formation; and

The entity needs to have submitted an application submission

American Operator will notify the Company’s contact email address on file of any deficiencies, errors, omissions, or other application inconsistencies allowing the applicant fourteen (14) days to resolve the issue via documented evidence sent via email to certification@americanoperator.com. Failure to resolve deficiencies, errors, omissions, or other inconsistencies and failure to provide consistent information throughout the application process will result in the termination of Your Application.

4. ACCURATE INFORMATION

You agree to maintain accurate information by providing notice to American Operator of any material change(s) in the Company's structure within five (5) business days of such change. Notification must be sent via email to certification@americanoperator.com. Material changes shall be defined as:

A change in the cumulative or individual ownership percentage(s);

A change or amendment of filing status with the secretary of state in the state of formation;

Obtaining a "NOT IN GOOD STANDING" or "FORFEITED" status from the state in which the Company was formed; and

A change in the Company mailing address, phone number, or company contact email address as provided in this application.

If, for whatever reason, You fail to notify American Operator within five (5) business days of any material change, as defined above, such failure will constitute a material breach of these Terms, and upon American Operator learning of the material change, your Certification will be terminated effective immediately.

You agree that American Operator may use and rely on any information provided by You for all purposes related to Your Certification. If You provide any information that is inaccurate, not current, false, misleading, or incomplete; or if American Operator has reasonable grounds to suspect that Your information is inaccurate, not current, false, misleading, or incomplete; American Operator, in its sole discretion, may terminate your Certification effective immediately.

American Operator, in its sole discretion, reserves the right to terminate your Certification immediately if Your participation in the Program results in, or is the subject of, legal action or threatened legal action, against American Operator .

5. QUALIFICATIONS

A Locally Owned and Operated Small Business is defined as a business:

In which 51% or more of the total ownership interest is held by an individual or individuals who reside within 100 miles of the business’s operating headquarters; and

Where the individual or individuals actively participate in the business’s operations by working a minimum of 10 hours per week, as demonstrated through hourly wages, timesheets, or other relevant documentation.

6. CERTIFICATION ISSUANCE AND EXPIRATION

The effective date of the Certification will be the date American Operator completes the processing of Your Application and issues a Certification notice (the “Effective Date”). The Certification expiration date will be one calendar year from that Effective Date (the “Expiration Date”).

7. CERTIFICATION MATERIALS

Upon Certification approval, you may receive the following (non-exhaustive list) proofs of Certification:

Digital assets for use wherever you represent your company online;

Physical badges/signage for use in your physical location; and

Promotion/listing online on American Operator’s digital platforms, websites, or social media profiles.

8. AUDIT

At any time American Operator may issue an audit of Your Certification to verify that the information provided throughout your application is true and correct. Notification of the audit will be sent via email to the company contact on file with American Operator and You will have fourteen (14) days to satisfy the audit requirements as detailed in the audit email notification.

9. PROFESSIONAL CODE OF CONDUCT AND ETHICS

You agree that Your Certification is subject to the American Operator Code of Conduct policy (the “Code of Conduct”), which prohibits:

Criminal Conviction;

False or Fraudulent Representations;

Slanderous Statements in Federal Communications Commission Regulated Media or Electronic Media; and

Libelous Statements in Print or Electronic Media.

10. USE OF INTELLECTUAL PROPERTY

You agree that American Operator holds all rights, title, and interest in all American Operator publicity and intellectual property, including other rights related to intangible property, unless otherwise indicated. You agree that American Operator materials are the intellectual property of American Operator and Your use, assignment, and/or possession of American Operator materials may be terminated immediately for breach of the Terms. Upon termination of Your Certification, You are required to cease-and-desist all promotion of Your Certification except in factually accurate reference of Your past and current status with American Operator, or in reference to the American Operator website (www.americanoperator.com). You acknowledge and agree that Your Certification will be displayed on the American Operator website, and that American Operator, is the issuing agency and sole party responsible for the content maintained on the American Operator website as it relates to You and Your company's Certification.

11. PRIVACY AND COMMUNICATION

Your Certification status will be publicly disclosed on the American Operator website, (www.americanoperator.com). You agree and consent that wire, oral, or electronic communication may be recorded by American Operator for "quality control" measures.

12. LIMITATION OF LIABILITY

To the maximum extent permitted by law, American Operator and its affiliates, including but not limited to Pine Street Labs, Inc., Beacon Business Brokerage LLC (dba Mainshares Advisors), Mainshares Capital I LLC, and Main Street Securities LLC (the “Affiliates”), shall not be liable for any indirect, incidental, consequential, or punitive damages arising out of or related to your participation in the Program or your Certification.American Operator liability is limited to the total amount paid by You for the Program Application.

13. INDEMNIFICATION

You agree to defend, indemnify and hold harmless American Operator and its contractors, agents, employees, officers, directors, shareholders, and Affiliates from any loss, liability, damages or expense, including reasonable attorneys' fees, resulting from any breach of any representation or warranty provided herein, negligence or willful misconduct, third party claim, action, proceeding or demand related to the use or promotion of YourCertification by You or the Company or affiliates.In the event that American Operator or any of its Affiliates or partners, is notified of a pending lawsuit, receives notice of the filing of a lawsuit, or learns that American Operator or any of its Affiliates or partners is the subject or legal action or threatened legal action, American Operator may seek a written confirmation from You concerning Your obligation to indemnify American Operator. American Operator will send the "Indemnification Request" via email to your Company point-of-contact requesting this confirmation. The Indemnification Request email is deemed to have been received by You (through the Company's point-of-contact) within five (5) days of the date it was sent by American Operator.Written confirmation of indemnification must be received by American Operator via email (at certification@americanoperator.com) within ten (10) days after the American Operator sent the Indemnification Request email to Your company's point-of-contact. The written confirmation must be signed by any person listed on the certification application form. Failure to respond to the indemnification request or failure to provide this written confirmation will result in the termination of Your Company's Certification effective the 11th day after the Indemnification Request email notification.You agree that American Operator shall have the right to participate in the defense of any such claim through counsel of its own choosing. You agree to notify American Operator of any such claim promptly, in writing, through American Operator Holdings Co., 2810 S. 1st St., Austin, TX 78704, and allow American Operator to control the proceedings. You agree to cooperate fully with American Operator during such proceedings.

14. NOTICES

You agree that all notices (except for notices concerning breach of the Terms) from American Operator to You may be posted on the website (www.americanoperator.com). Notices concerning breach of the Terms will be sent to either the email address provided in this electronically submitted application or to the point-of-contact's email address, as maintained on file with American Operator. In either case, delivery of all notices shall be deemed to have been made five (5) days after the date sent.Notices from You to American Operator must be sent by email to certifications@americanoperator.com.

15. SURVIVAL

Sections 1, 10, 11, 12, and 13 shall survive any termination or Expiration Date.

IT IS IMPORTANT THAT YOU READ CAREFULLY AND UNDERSTAND THESE TERMS. YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, YOU MAY NOT USE OR ACCESS THE AMERICAN OPERATOR’ PLATFORM OR ANY INFORMATION SUPPLIED HEREIN.