Terms of Service Agreement

(Terms and Conditions)

 

 

 

 

INTRODUCTION

THIS IS A LEGALLY BINDING CONTRACT. PLEASE READ THE FOLLOWING TERMS AND CONDITIONS BEFORE ACCECPTING ANY OF OUR PRODUCTS AND SERVICES.

 

WE ARE WILLING TO PROVIDE SOFTWARE, CONTENT AND SERVICES ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE FOLLOWING TERMS AND CONDITIONS.

 

BY REGISTERING WITH US, BY USING OR ACCEPTING OUR SERVICES AND/OR PRODUCTS WE OFFER, YOU HAVE READ AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS CONTAINED HEREIN, WHICH IS A LEGALLY BINDING AGREEMENT ON YOU (THE "AGREEMENT"). SHOULD YOU NOT AGREE TO BE BOUND BY EACH AND EVERY TERM AND CONDITION CONTAINED IN THIS AGREEMENT, YOU WILL NOT USE OR ACCEPT WHAT WE OFFER.

 

ABOUT THIS AGREEMENT.

This Agreement governs your use of our service, software (including any updates), services, content and/or upgrades that Accounting Support Center LLC offers. The general terms of this Agreement may be supplemented by usage rules, terms, guidelines and policies ("Usage Rule(s)") that will apply to your use of our specific offerings. Such Usage Rules will be posted with the applicable application and are binding on you as part of this Agreement.

In this Agreement, the terms:

 

*"We" or "us" or “our” means collectively Accounting Support Center LLC, and/or any of its owners, assigns, affiliates, subsidiaries, officers, employees, agents, and contractors; and

*"Content" means data, text, communications, software, images, sounds, video or other information that you receive, either privately or publicly, from AccountingSupportCenter.net.

*"You" and "your" means both you and any such person or entity on whose behalf you act, if any, and/or any such person or entity that acts on your behalf.

 

1. Acceptance of terms of use

 

By using, visiting, or browsing our Website, as well as placing an order with Accounting Support Center LLC through its Website or on the phone, you also accept, without limitation or qualification, this Agreement, without limitation, to the terms of Our Privacy Statement posted on AccountingSupportCenter.net. If you do not agree to be bound by this Agreement and Privacy Statement, You should exit the Website immediately. By accessing, using our services and/or products, talking to us on the phone or ordering products through the Website, You affirm that you have read this Agreement and understand, agree, and consent to all its Terms contained herein. This Agreement is intended to be governed by the Electronic Signatures in Global and National Commerce Act. You manifest your agreement to this Agreement by any act demonstrating Your assent thereto, including clicking any button containing the words “I Agree”; “Rush My Order”; “Submit” or similar syntax, or by merely accessing the Website, whether You have read these terms or not. It is suggested that You print this form for Your personal records.

 

2. Changes to the Agreement

 

We may modify this Agreement and any Usage Rules at any time. You agree to assume all responsibility in reviewing this Agreement periodically so that you will be apprised of any changes. If you receive our content after we post or notify you about changes to these terms, you are signifying your acceptance of the new terms.

 

3. What we provide

 

ACCOUNTING SUPPORT CENTER LLC is Intuit® Authorized Reseller and Certified ProAdvisors®. We are experts in bookkeeping, accounting, payroll, tax filing and other related services . The level of service that will be available to you will depend on the plan and price package selected by you. Certain premium features are available only with fee-based plans. The terms of the offer selected by you, including any fees associated with the plan, are binding on you. Purchases are final and non-refundable. Not with standing, we may, at our sole discretion and on a case by case basis, agree to a refund of subscription fees after deducting charges for servicing you. In the event we offer any free trial promotions, we may limit the number of promotions we offer to you. Any trial promotion to a subscription plan (such as free trial time) must be used within the specified time of the trial. You must cancel your account before the end of the trial period to avoid being charged a fee. We have no obligation to offer any specific feature or plan. Certain features or offerings may not be available in all geographic locations. We may change or discontinue any offerings or any at any time and without notice.

All service plans are subject by us to modification or cancellation at any time with no prior notice, for any reason, in our sole discretion, deem appropriate. We will make any refunds in the same form that you paid.

 

4. General operating rules

 

4a. CONSUMPTION OF OUR SERVICES

 

YOU AGREE THAT WE MAY IN OUR COMPLETE DISCRETION ESTABLISH GENERAL OPERATING PRACTICES TO MAXIMIZE THE OPERATION AND AVAILABILITY OF OUR OFFERINGS FOR THE GREATEST BENEFIT

OF OUR USERS AND TO PREVENT ABUSES. AS PART OF THESE PRACTICES, WE RESERVE THE RIGHT TO IDENTIFY EXCESSIVE CONSUMPTION OF OUR RESOURCES AND TO TAKE REMEDIES WE DEEM APPROPRIATE TO PREVENT ABUSES.

YOUR CONSUMPTION OF OUR SERVICES MAY BE DEEMED EXCESSIVE IF, WITHIN ANY MONTH, YOUR USAGE GREATLY EXCEEDS THE AVERAGE LEVEL OF MONTHLY USAGE OF OUR CUSTOMERS WHO HAVE THE SAME PLAN.

GENERALLY. IN THE EVENT YOU ARE DEEMED TO HAVE VIOLATED THIS POLICY, WE RESERVE THE RIGHT IN OUR DISCRETION TO ARRANGE A CUSTOM PRICING PLAN THAT WILL PERMIT YOU TO CONTINUE TO USE OUR RESOURCES. PLEASE NOTE, INCIDENTS OF VIOLATION OF

THIS POLICY HAVE BEEN INFREQUENT AMONG OUR USERS; HOWEVER, WE RETAIN THE RIGHT TO TERMINATE OR SUSPEND YOUR ACCOUNT WITHOUT PRIOR NOTICE IN THE EVENT OF A VIOLATION OF THESE TERMS.

 

4.b. Events outside Reasonable control

If an event beyond reasonable control prevents you or us from:

    1.Performing an obligation in whole or in part; or

    2.Performing it on time (except an obligation to pay an invoice), you and we must:

 

1.Give the other promptly a notice describing the nature of the event and an estimate of the delay; and

2.Take all commercially reasonable steps to end the event as quickly as possible, and preferably within 30 days; and

3.Resume performance of the obligation as soon as possible after the event ends

You and we are not liable for the non-performance and while the event continues the obligation is suspended.

 

4c. Provision of Information

 

You must provide us with up-to-date, accurate and complete configuration and topology information concerning your computer system(s) and network(s) if asked to do so. We reserve the right to refuse to provide services to you at any time if in our sole discretion

 

·we determine that your computer and network(s) configuration and topology(ies) are not supportable by us; or

·you fail to provide the requested information; or

·you have provided insufficient information for us to progress the issue

 

5. Indemnity

 

You agree to indemnify and hold us harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of your use of the Services, the violation of this Agreement, or infringement by you, or another user of the Services who is using your computer, use of any intellectual property or any other right of any person or entity.

 

6. Online registration on our Website

 

You may be required to register with us and obtain a username and password in order to access and use our offerings. This same username may allow you to access other online services offered by us. Your registration for a username may be subject to separate terms and conditions, which you agree you will abide by when you use your username with Accounting Support Center LLC. You may not have a username that is vulgar, attempts to impersonate another person or violates the rights of others. We also may reject any username that we determine in our discretion is unacceptable for use with Accounting Support Center LLC.

 

7. Credit Card Billing

 

You agree to pay within the time stated our fees described in for the support services you elect to use.

You must pay with one of the following:

i.A valid credit card acceptable to us;

ii.A valid debit card acceptable to us;

iii.Sufficient funds in a checking or savings account to cover an electronic debit of the payment due;

iv.By another payment option we provide to you in writing.

You may be asked to provide us with a credit card number from a card issuer that we accept in order to activate your Service. You hereby authorize us to charge and/or place a hold on your credit card with respect to any unpaid charges for Services or any related equipment. You authorize the issuer of the credit card to pay any amounts described herein without requiring a signed receipt, and you agree that these charges are to be accepted as authorization to the issuer of the credit card to pay any amounts described herein without requiring a signed receipt, and you agree that these charges are to be accepted as authorization to the issuer of the credit card to pay all such amounts.

You authorize us and/or any other company who bills products or services, or acts as billing agent for us to continue to attempt to charge and/or place holds with respect to all sums described herein, or any portion thereof, to your credit card until such amounts are paid in full. You agree to provide us with updated credit card information upon our request and at any time the information you previously provided is no longer valid.

 

You acknowledge and agree that we will have no liability whatsoever for any insufficient funds or other charges incurred by you as a result of such attempts to charge, and/or place holds on, your credit card. If you mistakenly provide a debit card number, instead of a credit card number, you authorize all charges described herein to be applied to such debit card unless and until you provide a credit card number. In the event you are enrolled, or later enroll, in an automatic payment or electronic funds transfer plan, you agree that all sums described herein may be charged, at our option, to the account number provided for such automatic payment or electronic funds transfer plan. When payment is made by credit card or debit card, payment will also be subject to the terms and conditions established by the credit or debit card issuer. If charges cannot be processed through your credit card, or if your bank draft or electronic funds transfer is returned for insufficient funds, we may, at our discretion, charge you an additional $15.00.

 

8. Your representation

 

You represent and warrant that you have adequate legal capacity to enter into this Agreement, that you will use us only for lawful purposes, that you are providing complete and accurate information about yourself when you register with us, that you will keep your registration information current, and that you will not violate the terms of this Agreement.

 

9. Disclaimer

 

ACCOUNTING SUPPORT CENTER LLC is Intuit® Authorized Reseller and Certified ProAdvisors®. We are experts in bookkeeping, accounting, payroll, tax filing and other related services and are independent of Intuit Inc. You may choose to purchase products from Intuit® directly and reach Intuit® directly for the support of your products.

Intuit®, the Intuit®logo, QuickBooks®, Quicken®, TurboTax®, Lacerte®, ProSeries®, QuickBase®, among others, are registered trademarks of Intuit Inc.

 

“Accounting Support Center LLC” and its logo are registered trademarks. Other party’s logos and marks are the property of their respective owners and used for reference purpose only.

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ANY SOFTWARE PROVIDED TO YOU IS "AS IS" BY US. ANY USE OF PROVIDED SOFTWARE IS AT YOUR OWN RISK. THE SOFTWARE MAY CONTAIN BUGS, ERRORS, AND OTHER PROBLEMS THAT COULD CAUSE SYSTEM OR OTHER FAILURES AND DATA LOSS. WE DO NOT WARRANT THE PERFORMANCE OF ANY SOFTWARE AND DO NOT WARRANT THAT ANY SOFTWARE WILL OPERATE SUBSTANTIALLY IN ACCORDANCE WITH THE DOCUMENTATION ACCOMPANYING THE SOFTWARE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, IN EQUITY OR AT LAW, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, AND NON- INFRINGEMENT OF ANY PRODUCTS AND/OR SERVICES WE PROVIDE.

WE DO NOT WARRANT THAT OUR SERVICES WILL MEET ANY REQUIREMENTS OR NEEDS THAT YOU MAY HAVE OR THAT THE SERVICE WILL BE PROVIDED IN AN UNINTERRUPTED FASHION. SOME JURISDICTIONS DO NOT ALLOW THIS WAIVER OR EXCLUSION OF IMPLIED WARRANTIES. SO IN THOSE CASE, THIS WAIVER OR EXCLUSION MAY NOT APPLY.

 

10. Your information

 

The Our Privacy Policy located at www.accountingsupportcenter.net discloses our information practices regarding your registration and the related use of our services and products and the choices that you can make about the use of your information. By signing up for and/or by using our services and/or products, you consent to the information practices disclosed in Our Privacy Policy.

 

11. Equipment and software

 

·You must provide at your own expense Internet access, compatible software and compatible equipment to access and use our offerings.

·You must have a broadband or high speed connection to the Internet to receive service and your computer must be actively connected to the Internet through a broadband or high speed connection at all times service is rendered or to be rendered by us.

·You must also have a registered, valid copy of the Microsoft or the Apple operating system.

·Your computer must be connected and operating while we are conducting repair, diagnosis, or downloading software or otherwise installing repair-related materials.

·You must allow us to download and install recommended software, including software that will require you to pay a licensing fee if ample freeware is not available and you will be responsible for all licensing fees and registrations for the same.

·You also agree that we may remove any software that is creating conflicts or is otherwise determined by us to be harmful or otherwise disruptive to the appropriate efficiency or working of your computer.

We will endeavor to gain your prior approval before we install software or delete software, but you agree that we may delete and/or install software at our sole discretion without your prior approval if we deem it, in our exclusive discretion, to be in your best interest for us to do so and you agree to hold us harmless from any loss/failure of any nature relating to our installation and/or deletion of software on your computer.

 

If you have Microsoft Vista installed on your computer, you may be required to disable your User Account Control (UAC) during the time we access your computer. If you do render inoperative the UAC, you understand that your computer may be vulnerable to malware and other harmful programs and scripts during the period that we are accessing your computer and you agree to hold us harmless from any failure and/or losses of any nature arising from this susceptibility of your computer arising from your temporary disabling of your UAC or your failure to correctly and promptly reestablish your UAC protections. You agree that you will promptly reactivate your UAC when we expire our access to your computer.

You must ensure that you meet the system requirements that we will disclose to you when you sign up for our services. You may need to download from us certain software to use certain of our offerings. This information is available upon request. You may need to obtain updates or upgrades from time to time in order to continue using our services or products.

We may modify system requirements or the Software we offer at any time. WE MAKE NO WARRANTY THAT ANY PARTICULAR COMPUTER OR OTHER DEVICE WILL BE COMPATIBLE OR FUNCTION WITH THE OUR SOFTWARE AND SERVICES.

 

12. Your responsibilities

 

Our offerings are for your personal use only. You are responsible for all activities under your account’s plan with us, including all legal liability incurred from the use or access of your account by you and others. You are solely responsible for the Content you store, make available or retrieve from your account and from any public folders on our website. You are responsible for keeping your password confidential. You may not submit or transmit through our Website any content, material, or otherwise engage in any conduct that:

 

*violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights;

*violates the privacy of another;

*is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another©s privacy, tortuous, or contains explicit or graphic descriptions, or accounts of, sexual acts;

*victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

*impersonates any person, business or entity, including anyone associated with us;

*you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary, and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);

*contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of our website, of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network; or disobey any requirements, procedures, policies, or regulations of networks connected to our Website;

*creates derivative works based on our Website or any of the Intellectual Property it contains;

*uses any meta-tags or any other “hidden text” using our Website’s name or marks; “Deep-link” to any page of our Website;

*circumvents any encryption or other security tools used anywhere on our Website

*encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;

*uses any data mining, bots, or similar data gathering and extraction tools on our Website; or uses any device, software or routine to bypass or interfere with any operational element or to interfere, or attempt to interfere, with the proper working of our Website, server or activities conducted therein; or,

*links to our Website and frames to the extent that such frame contains any sponsorship, advertising, or other commercial text or graphics. All links to our Website must be to www.accountingsupportcenter.net. Deep linking to internal pages of our Website is expressly prohibited without prior written consent from us.

You will monitor any actions we take if we log on to your computer and accept them as appropriate and non-harmful. If at any time you deem otherwise, you must disconnect to avoid any action you think would be harmful. You agree to hold us harmless of any damage perceived to occur due to our actions while logged on to the computer.

The above list may not be the complete list of your responsibilities.

 

13. Renewal policy

 

You understand that any Accounting Support Center LLC subscription that you have, if any, will renew at the end of your subscription cycle unless explicitly stated otherwise. Your credit card will be charged with the amount of the then prevailing subscription charges as per the payment option that you selected at the time of registering with Accounting Support Center LLC. If you would like to opt out of the ‘Auto Renewal’, please contact us at least 30 days prior to your subscription end date to discontinue your service

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14. Expiration of Service

We fully reserve the right to expire any prepaid and unused professional time and services that remain on your account if such has not been used within a year of the original purchase date. Such unused professional time and services will thusly expire and shall not be usable or refundable upon expiration. We shall have no duty to notify you of our decision to expire the unused professional time or services or any pending expiration.

 

15. Dispute resolution

 

If you are dissatisfied with the work performed, you must submit your complaint in writing within seven calendar days of the service being performed otherwise you expressly relinquish any ability to dispute the quality of service and any related refusal to pay our service and related charges. We will act in response to your written complaint as soon as we are able to and will endeavor to resolve the issues regarding your complaint. All complaints that are not resolved will be resolved by mandatory, binding arbitration as set forth herein.

The parties will attempt to resolve any claim, or dispute or controversy (whether in contract, tort or otherwise) against us arising out of or relating to this Agreement, our advertising, or any related purchase (a "Dispute" ) through face-to-face negotiation with persons fully authorized to resolve the Dispute or through mediation utilizing a mutually agreeable mediator, rather than through litigation. If the parties are unable to resolve the Dispute through negotiation or mediation within a reasonable time after written notice from one party to the other that a Dispute exists, the Dispute will be settled by binding arbitration in accordance with the then current CPR Rules for Non-Administered Arbitration.

The Arbitration will be conducted before three (3) independent and impartial arbitrators. We will appoint one (1) arbitrator and the other party or parties will appoint one (1) arbitrator. The two (2) appointed arbitrators will then select a third arbitrator, who shall be the presiding arbitrator. The arbitration hearing shall take place in Wyoming. The arbitrators shall base their award on the terms of this Agreement, and will follow the law and judicial precedents that a United States District Judge sitting in the county of Johnson would apply to the Dispute. The arbitrators shall render their award in writing and will include the findings of fact and conclusion of law upon which their award is based. Judgment upon the arbitration award may be entered by any court of competent jurisdiction. The existence or results of any negotiation, mediation or arbitration will be treated as confidential. Notwithstanding the foregoing, either party will have the right to obtain from a court of competent jurisdiction a temporary restraining order, preliminary injunction or other equitable relief to preserve the status quo or prevent irreparable harm, although the merits of the underlying Dispute will be resolved in accordance with this paragraph. Finally, you also agree not to bring any legal action, based upon any legal theory including contract, tort, equity or otherwise, against us that is more than one year after the date of the applicable invoice.

We each agree not to pursue arbitration on a consolidated or classwide basis. We each agree that any arbitration will be solely between You and Us (not brought on behalf of or together with another individual’s claim). If for any reason any court or arbitrator hold that this restriction in unconscionable or unenforceable, then this agreement to arbitrate does not apply and the dispute must be brought in court.

TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CONSOLIDATED OR CLASSWIDE BASIS; THATIS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITYON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING.

TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING.

 

16. Disclaimer of all Warranties

 

WE MAKE NO EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO OUR SUPPORT, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OR CONDITION WITH RESPECT TO THE PERFORMANCE OF ANY HARDWARE OR SOFTWARE USED IN CONDUCTING SERVICES, OR ANY EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS CONCERNING THE RESULTS TO BE OBTAINED FROM OUR SUPPORT OR THE RESULTS OF ANY OF OUR RECOMMENDATIONS. WE MAY MAKE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR CONDITIONS INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES CONCERNING THE PERFORMANCE, MERCHANTABILITY, SUITABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE OF ANY OF THE DELIVERABLES OR OF ANY SYSTEM THAT MAY RESULT FROM THE IMPLEMENTATION OF ANY RECOMMENDATION THAT WE MAY PROVIDE.

 

We reserve the right to modify its warranty retroactively at any time, at its sole discretion.

 

17. Failed Service Attempts

 

We will act in all reasonable ways to establish the nature of the problem(s) that you have required of our attention and to locate, analyze and correct those errors or problems. Nonetheless, we do not promise that, despite our best efforts that we will be able to successfully resolve the problems you have retained us to investigate and/or repair. Consequently, you are still liable for and must pay us for our time spent attempting to repair your problems even if we cannot, using all reasonable efforts, produce actual repairs.

 

18. Limitation of Liability

 

You agree that our entire liability for all CLAIMS shall be limited, in the aggregate, to the lesser of (i) USD $500.00, or (ii) the total amount of money you paid to us in the one

(1) month period immediately preceding the incident on which your alleged claim is based. This limitation of liability shall apply for all CLAIMS, regardless of whether we are aware of or advised in advance of the possibility of damages or such CLAIMS.

YOU ASSUME THE ENTIRE COST OF ANY AND ALL NECESSARY SERVICING, REPAIR, OR CORRECTION THAT YOU ALLEGE AROSE FROM OUR SERVICE.

The warranties and representations specifically set forth in this agreement are the only warranties and representations with respect to this Agreement, and are in lieu of any and all other warranties, written or oral, express or implied, that may arise either by agreement between the parties hereto or by operation of law, including warranties of merchantability and fitness for a particular purpose. None of these warranties and representations will extend to any third person. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to You.

We shall not, under any circumstances, be liable upon a claim or actions in contract, tort, indemnity or contribution, or other claims related to the services and/or products it sells which exceeds this liability limit. We shall not be liable for third party claims for damages against you, or for malfunction, delays, and interruption of service, loss of business, loss or damage to exemplary damages, whether or not we are apprised of the possibility of such claims or damages.

WE DO NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS OR SERVICES NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE, OR THE PROVISION OF SERVICES AND SUPPORT. WE WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY.

 

19. Confidentiality

 

19a. Definition of confidential information

Confidential information means: information marked as confidential, or which ought in the circumstances surrounding its disclosure or in the nature of the information, ought in good faith be treated as confidential.

Confidential information does not include:

·information developed independently by you or us; or

·information known before this agreement was entered into, or becomes publicly available subsequently; or

·information that is received from another source that can reveal it lawfully

 

19b. Use of confidential information

You or we can disclose the other©s confidential information on a need to know basis, and subject to the confidentiality obligations of this Agreement to:

The other (you or us),

A court (if disclosure of this information is the subject to a court order), provided that we promptly give the other notice of the requirement

Each of us must not disclose the confidential information to anyone else without the other©s prior written consent.

 

19c. Safety measures

Each of us must safeguard the other©s confidential information as securely as we protect our own confidential information

 

19d. Duration

The obligations of a piece of confidential information continue for five years after the piece has been disclosed to the other, even if this agreement has been terminated.

 

19e. Rights

You cannot assign any rights or obligations under this agreement to anyone else without our prior written agreement. We may use sub-contractors to perform the services which you purchase.

 

20. Customer’s responsibility to back up data

You agree that prior to us servicing any of your equipment, it is your responsibility to (1) back up the data, software, information or other files stored on your equipment; and (2) remove all removable media from your equipment. You agree that whether or not you request back-up services from us, we shall not be liable under any circumstances for any loss, disclosure, alteration or corruption of any data, software, information, files, videotapes, compact discs, floppy discs, laser discs, cassettes, DVDs, film or other media.

 

21. Other Documents

These terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s), except as otherwise noted. Any attempt to alter, supplement or amend this document or to enter an order for product(s) or services and support that are subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both you and us.

 

22. Governing Law

This Agreement shall be governed by the laws of the State of Wyoming. For the purpose of resolving conflicts related to or arising out of this Agreement, the parties expressly agree that venue shall be in the State of Wyoming only, and, in addition, the parties hereby expressly consent to the exclusive jurisdiction of the federal and state courts in the State of Wyoming---unless both parties agree to another state.

 

23. Waiver

The failure of either party to enforce at any time or for any period of time the terms of this document shall not be construed as a waiver of such terms or the rights of such party thereafter to enforce each term contained herein.

 

24. Severability

If any term or condition is held void or unenforceable, it shall be severed, and every other provision shall be enforced as if the void or unenforceable term or condition had never been a part hereof. The parties agree the court is entitled to read the otherwise invalid provision as narrowly as is necessary to make it valid and enforceable. Both parties hereby agree such scope may be judicially modified accordingly in any enforcement

proceeding. Both parties agree that the covenants contained herein are necessary for protection of legitimate business interests and are reasonable in scope and content.

 

25. Entire agreement

These terms and conditions, together with the our invoice respecting the services and/or products ordered by you, are the complete and exclusive agreement between us and you, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between us and you relating to the subject services and/or products. This agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage.

 

26. Copyright, trademark information, service names, service marks, and other intellectual property

All content included or available on our website including videos, test materials, design, text, graphics, interfaces, and the selection and arrangements thereof is with all rights reserved, is our property of and/or third parties protected by intellectual property rights. Any use of materials conveyed to you through our service including that on our website, including reproduction for purposes other than that included in the License above, modification, distribution, derivative works, display, performance, copying or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of one of our authorized officers us, is strictly prohibited. You agree you will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of one of our authorized officers.

Our logo and trademarks are owned exclusively by us. All other trademarks displayed on our website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with us. No license is granted herein for use of any of our service marks, trademarks and/or trade dresses.

 

27. Right of refusal

We reserve the right to limit quantities and to reject orders at our discretion.

 

28. Taxes

Some State Laws require us to charge state sales tax to orders shipping to addresses in particular states. We will collect that tax where appropriate.

 

29. Security

You are responsible for all your usage or activity of our services, including but not limited to your activities under our license and use of a password if one is provided.

Further, if you are accessing our Services via our website, you acknowledge that like any web application, our website may be susceptible to security breaches. It is your responsibility to ensure that the computers you use are in a secure environment with appropriate firewalls, database encryption, virus protection, and security patches in place. We are not liable for any loss of data or any other damages from security breaches, denial of service or other hacker attacks.

 

30. Third party sites

Our website may include links to other sites on the Internet that are owned and operated by other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site and you hereby release us of any liability regarding such third party sites and their services. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage you to review said privacy policies of third-parties’ sites.

 

31. Right to change or modify

We reserve the right to change, modify and/or withdraw the information, products or services we offer without notice.

 

32. No Rendering of Advice

The information provided by the Service is provided for informational purposes only and is not intended to substitute for obtaining accounting, tax, or financial advice from a professional accountant.

Presentation of the information via the Internet is not intended to create, and receipt does not constitute, an accountant-client relationship. Internet subscribers, users and online readers are advised not to act upon this information without seeking the service of a professional accountant.

Any U.S. federal or state tax advice contained in this website is not intended to be used for the purpose of avoiding penalties under U.S. federal or state tax law.

 

33. Accuracy of Information

While we use reasonable efforts to furnish accurate and up-to-date information, we do not warrant that any information contained in or made available through our website is accurate, complete, reliable, current or error-free.

We assume no liability or responsibility for any errors or omissions in the content of our website or such other materials or communications.

 

34. Disclaimer of Warranties and Limitations of Liability

Our website is provided on an “as is” and “as available” basis. Use of our website is at your own risk. We and our suppliers disclaim all warranties. Neither we nor our suppliers shall be liable for any damages of any kind with the use of our website. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF OUR WEBSITE,

 

35. Users of our website:

You must be 18 years of age or older to access Our Website.

 

36. Force Majeure

We shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond Our reasonable control, including but not limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, SPAM, or any failure of a computer, server or software, for so long as such event continues to delay our performance.

 

37. Headings

All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of this Agreement.

 

 

 

38. Refund policy

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You have 60 days from the purchase date to obtain a refund for product downloads, product unlocks, and all other electronically delivered media. You will be required to uninstall and remove the application from your computer. Since there is no physical product shipped, you are not required to send anything back to the Returns Department.

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After 60 days no refund would consider because intuit do not provide any refund after 60 days for any product.

 

Refunds for electronically delivered QuickBooks products can be requested email or phone. Your license will be deactivated and you will no longer be able to use the product. If your QuickBooks product is not eligible for a refund via the web, contact the  customer service department at 1-888-247-8907.

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We are glad to provide a refund upon your request to us. If you are not happy with any aspect of our service and prefer a refund instead of us correcting the deficiency, we are happy to comply with your wishes.
We only request that you first ask us for a refund before making the same request to your bank, the credit or debit card company that you used to make payment.

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