Last Updated: July 05th, 2020
Thank you for visiting AccountingGo. These Terms of Service (these “Terms”) are effective immediately for users accessing or using the websites, social media accounts, and other online services (collectively, the “Services”) provided by AccountingGo (“AccountingGo,” “we” or “us”).
By accessing or using the Services, you agree to be bound by these Terms and all of the terms incorporated herein by reference. If you do not agree to these Terms, you should not access or use the Services.
PLEASE NOTE: THESE TERMS INCLUDE DISPUTE RESOLUTION PROVISIONS (SEE SECTION 13) THAT, WITH LIMITED EXCEPTIONS, REQUIRE THAT (1) CLAIMS YOU BRING AGAINST ACCOUNTINGGO BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND (2) YOU WAIVE YOUR RIGHT TO BRING OR PARTICIPATE IN ANY CLASS, GROUP, OR REPRESENTATIVE ACTION OR PROCEEDING.
We reserve the right to change or modify these Terms at any time and in our sole discretion. If we make changes, we will notify you by revising the date at the top of these Terms and, in some cases, we may provide you with additional notice (such as adding a statement to our website’s homepage or sending you a notification). By continuing to access or use the Services after the Terms have been revised, you confirm your acceptance of the revised Terms and all of the terms incorporated therein by reference.
We encourage you to review the Terms frequently to ensure that you understand the terms and conditions that apply when you access or use the Services. If you do not agree to the revised Terms, you should not access or use the Services.
1. Our Services
We provide a platform for individuals who access and use the Services (“Users”) to find and communicate with certain accounting and finance professionals (“Service Providers”), including but not limited to accountants, bookkeepers, CPAs, financial advisors, and others as permitted on the Services.
While we enable Users and Service Providers to search for information and communicate with one another, we are not responsible for monitoring such information and communications, and we are not a party to transactions that may occur between Users and Service Providers. In addition, we are not responsible for the accuracy or completeness of the information about Service Providers.
We are not responsible for and we expressly disclaim all liability that may result from information made available by Users or Service Providers and the conduct of users and Service Providers, whether online or offline. AccountingGo does not sponsor, endorse, recommend or approve of any Service Provider, nor do we make any representations or warranties about the quality, timing, fitness, or legality of the products or services they provide. Additionally, we cannot and do not represent or warrant that any Service Provider is licensed, qualified, bonded, insured, certified, or capable of performing any service, and we make no representations or warranties about the suitability, reliability or accuracy of the services they provide.
We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, the Services (or any features or parts thereof) without prior notice. You agree that AccountingGo will not be liable for any modification, suspension or discontinuance of the Services or any party thereof.
We do not collect, monitor or track any User information.
The Services are not targeted towards, nor intended for use by, anyone under the age of 18. If you are under the age of 18, or age of legal majority under applicable law, you may only use the Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms. By using the Services, you represent and warrant that you (a) are 18 years of age or older, (b) are a legal resident of the United States, (c) have not been previously suspended or removed from the Services, or engaged in any activity that could result in suspension or removal from the Services, and (d) have full power and authority to enter into these Terms and in so doing will not violate any other agreement to which you are a party.
4. License to Access and Use Our Services and Content
Unless otherwise indicated by us, the Services and all content and other materials contained therein, including, without limitation, the AccountingGo logo and service marks and all designs, text, graphics, pictures, information, data, software, other files and the selection and arrangement thereof (collectively, “AccountingGo Content”) are the proprietary property of AccountingGo, our licensors, as applicable, and are protected by U.S. and international copyright laws. The term AccountingGo Content, as used in these Terms, does not include third-party trademarks, intellectual property or other content or material owned by third parties and not covered under a license with AccountingGo or materials that are in the public domain.
You are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable license to access and use the Services and AccountingGo Content. However, such license is subject to these Terms and does not include:
(a) any resale or commercial use of the Services or the AccountingGo Content therein;
(b) the collection and use of any product or service listings, pictures, or descriptions;
(c) the distribution, public performance or public display of any AccountingGo Content;
(d) modifying or otherwise making any derivative uses of the Services or the AccountingGo Content or any portion thereof;
(e) use of any data mining, robots or similar data gathering or extraction methods;
(f) downloading (other than the page caching) of any portion of the Services, the AccountingGo Content or any information contained therein, except as expressly permitted on the Services; and
(g) any use of the Services or the AccountingGo Content other than for their intended purposes.
Any use of the Services or AccountingGo Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated by us, nothing in these Terms shall be construed as conferring any right or license to any patent, trademark, copyright or other proprietary rights of AccountingGo or any third party, whether by estoppel, implication or otherwise. This license is revocable at any time.
Notwithstanding anything to the contrary in these Terms, the Services and AccountingGo Content may include software components provided by AccountingGo or a third party that are subject to separate license terms, in which case those license terms will govern such software components.
5. Infringement Policy; Copyright Complaints
In accordance with the Digital Millennium Copyright Act and other applicable laws, we have adopted a policy of limiting access to the Services by individuals who infringe the intellectual property rights of others. If you believe that anything on the Services infringes any copyright that you own or control, you may file a notification of such infringement with our designated agent.
Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. You should also note that if you knowingly make any material misrepresentation in your notification that the material or activity is infringing, you will be liable for any damages, including, without limitation, costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
“AccountingGo,” the AccountingGo logo and any other AccountingGo product or service names, logos or slogans that may appear on the Services are trademarks of AccountingGo and may not be copied, imitated or used, in whole or in part, without our prior written permission. You may not use any metatags or other “hidden text” utilizing “AccountingGo” or any other name, trademark or product or service name of AccountingGo without our prior written permission.
In addition, the look and feel of the Services, including, without limitation, all page headers, custom graphics, button icons and scripts, constitute the service mark, trademark or trade dress of AccountingGo and may not be copied, imitated or used, in whole or in part, without our prior written permission.
All other trademarks, registered trademarks, product names and company names or logos mentioned on the Services are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder. Reference to any products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by AccountingGo.
You are granted a limited, nonexclusive, nontransferable right to create a text hyperlink to the Services, provided that such link does not portray AccountingGo or any of our Services in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use an AccountingGo logo or other proprietary graphic of AccountingGo to link to the Services without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose any AccountingGo trademark, logo or other proprietary information, including the images found on the Services, the content of any text or the layout or design of any page, or form contained on a page, on the Services without our express written consent.
AccountingGo makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third party websites accessible by hyperlink from the Services or of websites linking to the Services. Such sites are not under our control, and we are not responsible for the contents of any linked site, any link contained in a linked site, or any review, changes or updates to such sites. We provide these links to you only as a convenience, and the inclusion of any link does not imply our affiliation, endorsement or adoption of any site or any information contained therein. When you leave the Services, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Services.
8. User Conduct
You agree that you will not violate any law, contract, intellectual property or other third party right or commit a tort, and that you are solely responsible for your conduct, while accessing or using the Services. You agree that you will abide by these Terms and will not:
(a) engage in any harassing, threatening, intimidating, predatory or stalking conduct;
(b) use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services or that could damage, disable, overburden or impair the functioning of the Services in any manner;
(c) develop any third party applications that interact with User Content or the Services without our prior written consent;
(d) use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by us to access the Services, extract data or otherwise interfere with or modify the rendering of Services’ pages or functionality; or
(e) use the Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
9. Additional Provisions Applicable to Service Providers
In addition to the other provisions of these Terms, the following are additional provisions that apply specifically and solely to Service Providers.
9.1 Representations and Warranties
By using the Services as a Service Provider, you represent and warrant that: (a) you possess the qualifications, experience and skills necessary to provide the services that you are offering through the Services and that you will perform such services with the degree of skill and care that is required by current good and sound professional practices in accordance with any applicable industry standards; (b) you have, and will continue to maintain, all valid licenses and authorizations required by all applicable authorities for any services you solicit, accept or perform; (c) you will not collect, use, rent or sell information about Users that you obtain directly or indirectly from AccountingGo for purposes other than to provide the services to such Users; and (d) all information you provide related to your qualifications experience and skills, as well as other information provide in relation to the Services is accurate, current and complete.
You acknowledge that no agency, partnership, joint venture or employee-employer relationship is intended or created by these Terms or any relationship between you and AccountingGo.
You agree to indemnify, defend and hold harmless AccountingGo, and our partners, independent contractors, service providers and consultants, and our respective directors, officers, employees and agents (individually and collectively, the “AccountingGo Parties”), from and against all claims, damages, awards, judgments, losses, costs, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) arising out of or relating to (a) your use of the Services, (b) your violation of these Terms, and (c) your violation of the rights of another.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY ACCOUNTINGGO, THE SERVICES AND THE ACCOUNTINGGO CONTENT CONTAINED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ACCOUNTINGGO DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SERVICES AND ACCOUNTINGGO CONTENT CONTAINED THEREIN. ACCOUNTINGGO DOES NOT REPRESENT OR WARRANT THAT ACCOUNTINGGO CONTENT ON THE SERVICES IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WHILE ACCOUNTINGGO ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SERVICES AND ACCOUNTINGGO CONTENT SAFE, ACCOUNTINGGO CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
ACCOUNTINGGO MAKES NO WARRANTY, REPRESENTATION OR GUARANTEE WITH RESPECT TO PRODUCTS AND SERVICES OFFERED BY SERVICE PROVIDERS, AND ACCOUNTINGGO SPECIFICALLY DISCLAIMS ANY WARRANTY, REPRESENTATION OR GUARANTEE WITH RESPECT TO THE QUALITY, SAFETY, LEGALITY OR OTHER CHARACTERISTICS OF SUCH PRODUCTS AND SERVICES, OR WITH RESPECT TO THE CONDUCT OF ANY SERVICE PROVIDER IN CONNECTION WITH SUCH SERVICES.
SOME JURISDICTIONS MAY NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.
12. Assumption of Risk; Limitation of Liability
You assume all risk when using the Services, including but not limited to all of the risks associated with any online or offline interactions with Users and Service Providers.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ACCOUNTINGGO OR THE ACCOUNTINGGO PARTIES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICES OR THE ACCOUNTINGGO CONTENT, INCLUDING BUT NOT LIMITED TO ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON INFORMATION OBTAINED THROUGH THE SERVICES OR FROM THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE SERVICES (INCLUDING BUT NOT LIMITED TO BODILY INJURY, DEATH OR PROPERTY DAMAGE), WHETHER ONLINE OR OFFLINE), MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO ACCOUNTINGGO’S RECORDS, PROGRAMS OR SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ACCOUNTINGGO OR THE ACCOUNTINGGO PARTIES, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SERVICES OR TO THESE TERMS EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO ACCOUNTINGGO FOR ACCESS TO OR USE OF THE SERVICES, OR, IF YOU HAVE NOT PAID ACCOUNTINGGO FOR THE USE OF ANY SERVICES, THE AMOUNT OF $25.00.
13. Dispute Resolution; Arbitration
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES WITH ACCOUNTINGGO AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
13.1 Binding Arbitration
Except for any disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, “Disputes”) in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and AccountingGo agree (a) to waive your and AccountingGo’s respective rights to have Disputes arising from or related to these Terms, the Services or the AccountingGo Content, resolved in a court, and (b) to waive your and AccountingGo’s respective rights to a jury trial. Instead, you and AccountingGo agree to arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court).
13.2 Notice; Informal Dispute Resolution
You and AccountingGo agree that each party will notify the other party in writing of any arbitrable or small claims Dispute within thirty (30) days of the date it arises, so that the parties can attempt in good faith to resolve the Dispute informally. Notice to AccountingGo shall be emailed to firstname.lastname@example.org. Your notice must include (a) your name, postal address, telephone number, the email address at which you can be contacted, (b) a description in reasonable detail of the nature or basis of the Dispute, and (c) the specific relief that you are seeking. Our notice to you will be sent electronically to the email address and will include (x) our name, postal address, telephone number and an email address at which we can be contacted with respect to the Dispute, (y) a description in reasonable detail of the nature or basis of the Dispute, and (z) the specific relief that we are seeking. If you and AccountingGo cannot agree how to resolve the Dispute within thirty (30) days after the date notice is received by the applicable party, then either you or AccountingGo may, as appropriate and in accordance with this Section 13, commence an arbitration proceeding or, to the extent specifically provided for in Section 13.1, file a claim in court.
13.3 Authority of Arbitrator
As limited by applicable laws and rules of arbitration, the arbitrator will have (a) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitrable, and (b) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
14. Governing Law and Venue
These Terms and your access to and use of the Services shall be governed by, construed and enforced in accordance with the laws of the State of Texas, without regard to conflict of law rules or principles. You agree that all disputes, causes of action, claims or controversies that are not subject to binding arbitration will be resolved exclusively in the state or federal courts of Harris County, Texas, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising in connection with these Terms or your access to or use of the Services.
Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Services, or any portion thereof, and to block or prevent your future access to and use of the Services or any portion thereof.
If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, use or provision, or any other term, clause or provision of these Terms.