PLEASE READ THE FOLLOWING TERMS AND POLICIES CAREFULLY. WHEN YOU USE OUR WEBSITE YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND POLICIES.

ACCOUNTIVELY LLC TERMS OF USE

LAST UPDATED: April 29, 2016

These Terms of Use are hereby effective as of the "Last Updated" date set forth above and govern all access to and use of the website, www.accountively.com (the "Website"), which is owned by Accountively LLC ("Company"). The Website is offered solely by Company to users in the United States of America, subject to the following terms and conditions. By using the Website, you accept and agree to the terms and conditions set forth in these Terms of Use (this "Agreement"). You must not use the Website if you do not agree to be bound by this Agreement. This Agreement supersedes any prior agreements and arrangements regarding the use of the Website.

Company may, at any time, in its sole and absolute discretion, update, revise, or replace this Agreement by including a link to such updated, revised or replaced terms and conditions on the Website. Such updated, revised or replaced terms and conditions shall take effect immediately upon being made available through such link; you will be able to determine if this Agreement has been changed from your last visit to the Website by viewing the "Last Updated" date provided at the top of this Agreement. You are encouraged to check this page periodically to identify any changes to this Agreement.

You must be at least eighteen (18) years of age to use the Website, if you are not at least eighteen (18) years old, you are not to access or use the Website and any such use or access is without the consent or permission of Company.

Additional terms and conditions may apply to certain services or subscriptions facilitated through or offered in connection with the Website. Such service- or subscription- specific terms and conditions are in addition to this Agreement and apply to the respective engagement. If there is a conflict between this Agreement (and/or any update to this Agreement) and the terms and conditions for a specific service or subscription, the terms and conditions for the specific service or subscription shall prevail and govern with respect to the respective service or subscription.

COMPANY DOES NOT PROVIDE TAX OR ACCOUNTING SERVICES AND IT IS NOT A REFERRAL SERVICE FOR ANY TAX OR ACCOUNTING SERVICE PROVIDER. ALL TAX OR ACCOUNTING SERVICES ARE PROVIDED BY INDEPENDENT THIRD PARTIES.

Company provides an interface for certain services provided by or through the Website by independent third parties. For the purpose of this Agreement, the term "Services" refers to any services provided by Company, including without limitation access to Company’s online community and communication tools, or subscriptions offered to tax or accounting service providers relating to same. The Services include providing an on-line venue for our those looking to engage a tax or accounting service provider to meet and exchange information with such third party tax or accounting service providers. In this Agreement, tax or accounting service providers are referred to as "accountants", regardless of whether the service provider is an accountant and "you" and "your" refer to the person, company, or organization that has visited or is using the Website. For the avoidance of doubt, you and your may be someone looking for tax or accounting services, an accountant, both, or neither.

Certain services or subscriptions. Some of the areas of the Website, some of the services offered by Company, and certain subscriptions offered by Company may require that you register or establish an account with Company or enter into a specific agreement in connection with such access, service or subscription. If and when you register, establish an account, or enter into a subscription agreement with Company, you agree that (a) all information you provide in response to Company’s prompts are accurate, current and complete (including without limitation, your email address); and (b) you shall ensure that the information provided remains accurate, current and complete.

You, and you alone, are responsible for your account and anything that happens while a user is signed in to or using your account. Your security is your responsibility. YOU SHALL BE RESPONSIBLE FOR THE CONFIDENTIALITY OF ANY USER NAME AND PASSWORD RELATING TO YOUR REGISTRATION/ACCOUNT. YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED WITH YOUR USER NAME AND PASSWORD. If you have reason to believe that YOUR USER NAME, PASSWORD, OR OTHER LOG-ON CREDENTIALS HAVE BEEN COMPROMISED; THERE HAS BEEN ANY UNAUTHORIZED USE OF YOUR USER NAME, PASSWORD OR LOG-ON CREDENTIALS; OR THERE HAS BEEN ANY OTHER BREACH OF THE SECURITY OF THE WEBSITE, ANY SERVICE OR ANY SUBSCRIPTION OF WHICH YOU BECOME AWARE, YOU AGREE TO IMMEDIATELY NOTIFY COMPANY of same.

Compliance With Laws. You represent and warrant that: (i) you have the authority to, and are of legal age in your jurisdiction to, bind yourself to this Agreement; (ii) your use of the Website will be solely for purposes that are permitted by this Agreement; (iii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party; and (iv) your use of the Website will comply with all local, state and federal laws, rules, and regulations.

About the Accountively Service. The Website provides a platform for collaboration and communication between accountants and those seeking tax or accounting services.

  1. Company Is Not A Tax or Accounting Firm. Company is not an accountant. Company does not offer tax or accounting services, tax or accounting advice, tax or accounting opinions, recommendations, referrals, or counseling. Accountants are not the employees or agents of Company. Company is not involved in any agreements through which an accountant may be engaged. At no point may Company be held liable for the actions or omissions of any accountant performing tax or accounting services. Subject to the foregoing, you acknowledge that Company may act as a limited payment collection agent for accountant who have subscribed with Company for such service.

  2. Company Is Not An Accountant Referral Service. Company is not an accountant referral service. Company does not select or endorse any individual accountant. We do not make any warranty, guarantee, or representation as to the ability, competence, quality, or qualifications of any third party accountant, whether they are registered or not. Company does not warrant or guarantee that any accountant is covered by professional liability insurance. Company encourages users to research any accountant before accepting professional advice.

  3. Company does not vouch for any of accountant. Providing a service where potential clients and accountants can meet does not imply an endorsement of any subscribing accountant. Company does not sanction, endorse, validate, or verify statements an accountant may post on the Website. Company makes no representation concerning the qualifications of any accountant. Because we cannot guarantee the fitness of any accountant for any specific need, Company encourages you to research any accountant before accepting professional advice.

  4. Company Does Not Guarantee Results. From time to time, users may submit reviews of accountants; these reviews do not constitute a guarantee, warranty, or prediction regarding the outcome of any future tax or accounting matter. Company has no responsibility or liability of any kind for any User-Generated Content (as defined below) or tax or accounting advice you encounter on or through the Website, and any use or reliance on User-Generated Content or tax or accounting advice is solely at your own risk.

  5. Use of Company Website Does Not Create An Accounting Service Provider - Client Relationship With Company. Any use of the Website or any service is not intended to, and does not, create an accountant-client relationship with Company. Any communication via OR THROUGH THE WEBSITE may not be confidential. Company is not liable for the actions or omissions of any accountant performing services for you.

  6. No Reliance On User-Generated Content. User-Generated Content posted on the Website, such as blog posts, is provided for informational purposes only, with no assurance that the User-Generated Content is true, correct, or accurate. User-Generated Content is not a substitute for professional tax or accounting advice or a solicitation to offer tax or accounting advice regarding specific facts. You should not delay or forego seeking professional advice or disregard professional tax or accounting advice based on User-Generated Content. Delay in seeking such advice could result in waiver of any claims you may have, depending on the applicable statute(s) of limitation. User-Generated Content is not regulated by any state or national accounting association.

  7. Company’s collection and use of personal information in connection with the Services is as set forth in the Company’s privacy policy, which can be found here.

Use and Conduct Restrictions. As set forth in the license granted to you by this Agreement, You are allowed to use the Website as long as you follow a few basic rules. The following Use and Conduct Restrictions are the basic rules Company expect users to follow while using the Website. As noted above, Company is not responsible for the content users post, and Company has the right to close accounts if it, in its sole discretion, decides to do so.

  1. Prohibited Content. You agree that you will not under any circumstances transmit any Content (including software, text, images, or other information) or use the Website in a manner that 

    1. is unlawful or promotes unlawful activity;

    2. defames, harasses, abuses, threatens, or incites violence towards any individual or group;

    3. expresses or implies that any statement made are endorsed by Company without the express, prior written consent of Company;

    4. remove any copyright, trademark, or other proprietary notice from any part of, or content provided through, the Website;

    5. modify or make derivative works based upon the Website or design or develop competitive or substantially similar services;

    6. reverse engineer, decompile, modify or disassemble the Website, except as required by law;

    7. attempt to gain unauthorized access to the Service, the Website, or the systems and networks related thereto;

    8. is pornographic, discriminatory, or otherwise victimizes or intimidates an individual or group on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

    9. is spam, is machine- or randomly-generated, constitutes unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;

    10. restricts or inhibits any other visitor from using the Website;

    11. contains or installs any viruses, worms, malware, Trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;

    12. infringes on any proprietary right of any party, including patent, trademark, trade secret, copyright, right of publicity, or other rights;

    13. impersonates any person or entity, including any of our employees or representatives;

    14. harvests or collects information about visitors to the Website without their express consent;

    15. "frames" or "mirrors" any part of the Website without the express, prior written consent of Company;

    16. makes commercial of the Website without the express, prior written consent of Company;

    17. violates the privacy of any third party; or

    18. violates any other applicable laws, rules, and regulations.

  2. No Liability For Interactions Through Website; Company May Monitor Interactions. Any liability, loss or damage that occurs as a result of any interactions or communications on or through the Website, including, without limitation, service requests from accountants, that you input or receive through your use of the Website is solely your responsibility. At its discretion, Company or technology it employs, may monitor and/or record such interactions or communications.

  3. Right to Terminate Accounts. Company reserves the right (though not the obligation) to, in its sole discretion, determine whether or not any conduct is appropriate and complies with this Agreement, or terminate or deny access to and use of the Website for any reason, with or without prior notice.

  4. Indemnification. You shall be solely responsible for all losses, damages and injuries, whether to persons (including death) or property, economic or otherwise (collectively, "Losses"), caused by Your acts or omissions or, if You are not an individual, those of Your employees and representatives. You represent, warrant, covenant and agree to indemnify, defend and hold harmless Company, its affiliates (if any) and their owners, officers, agents and employees (hereafter, "Indemnified Parties") from any and all threatened or pending claims, lawsuits, proceedings, Losses, costs or expenses (including reasonable attorneys’ fees) arising from, relating to or in connection with Your use of the Website, or your receipt of any tax or accounting services, from your content. You shall reimburse any and all Losses and costs, including reasonable attorney’s fees, incurred by the Indemnified Parties within 30 (thirty) days of your receipt of Company’s invoice for same. Should such costs not be reimbursed within 30 (thirty) days, then interest shall be assessed thereon at a rate that is the lesser of 1.5% per month or the maximum legal rate. Your indemnity obligations shall survive termination or expiration of this Agreement.

User-Generated Content. You own your content, but you allow Company certain rights to it, so that such content may be displayed and shared. Company has the right to remove content if it wishes to do so.

  1. Responsibility for User-Generated Content. You may create content, written or otherwise, while using the Website ("User-Generated Content"). You are solely responsible for the content of, and any harm resulting from, any User-Generated Content that you post, upload, link to or otherwise make available via the Service, regardless of the form of that content. Any liability, loss or damage that occurs as a result of the use of any User-Generated Content that you make available or access through your use of the Service is solely your responsibility. Company is not responsible for any public display or misuse of your User-Generated Content.

  2. Right to Post. You represent and warrant that you have the right to post all User-Generated Content you submit. Specifically, you warrant that you have fully complied with any third party licenses relating to User-Generated Content, and have taken all steps necessary to pass through to end users any required terms.

  3. Company May Modify or Remove Content. Company has the right (though not the obligation) to, in its sole discretion, determine whether or not any User-Generated Content is appropriate, or refuse to post or remove any User-Generated Content that, in the sole opinion of Company, violates any Company policy or is in any way harmful, inappropriate, or objectionable. Company further reserves the right to make formatting and edits and change the manner any User-Generated Content is displayed on the Website.

  4. Ownership of User-Generated Content. Except for content that originates from Company, we do not claim ownership of any content that is transmitted, stored, or processed in your account. You retain all ownership of, control of, and responsibility for User-Generated Content you post. You may control access to your User-Generated Content through settings in your user account.

  5. License Grant. Solely to allow Company to use User-Generated Content you upload to the Service without violating any rights you have in it, you grant us the following rights: by your posting any User-Generated Content via the Website, you expressly grant Company and our successors a worldwide, irrevocable, sublicenseable, fully-paid, royalty-free, and non-exclusive license to use, reproduce, display, modify, adapt, distribute, and perform the User-Generated Content you post in connection with Company’s business purpose.

Third Party Content. There may be content from third parties on Company’s website, such as blog posts, written by other users or links to other websites. Because we cannot control that content, we are not responsible for that content or for the websites that content may link to.

  1. Access To Third Party Content. By using the Service, you will be able to access User-Generated Content belonging to or originating from third parties ("Third Party Content"). Your use of the Service is consent for Company to present this Third Party Content to you. You acknowledge all responsibility for, and assume all risk for, your use of Third Party Content.

  2. No Responsibility For Third Party Content. As part of the Service, Company may provide you with convenient links to third party website(s) as well as other forms of Third Party Content. We have no control over third party websites or content or the promotions, materials, information, goods or services available on them. By linking to such content, we do not represent or imply that we adopt or endorse, nor are we responsible for, the accuracy or reliability of any opinion, advice, or statement made by parties other than Company. We are not responsible for any Third Party Content accessed through our Website. If you decide to leave the Website and access Third Party Content, you do so at your own risk and 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 such content.

  3. No Authorization To Use Third Party Content. This Agreement does not authorize you to distribute, publicly display, publicly perform, make available, alter, or otherwise use any Third Party Content.

Copyright Infringement Claims.

  1. If you believe in good faith that any material or content appearing on the Website violates or infringes upon your rights under United States Copyright law, you or your agent may send notice to Company requesting that such material or content be removed or access to it blocked. Such notice shall be in accordance with the United States Digital Millennium Copyright Act of 1998 (the "DMCA"), including (a) a signature by or on behalf of the owner of the right allegedly being infringed, (b) identification of the copyrighted work allegedly being infringed, (c) identification of the allegedly infringing material or content, (d) the contact information for the complaining party, (e) a statement of the good faith belief that the material is being used in a manner not authorized by copyright law, the copyright owner, or the law, and (f) a statement, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the right that is allegedly infringed.

  2. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send a counter notice to Company.

  3. All notices and counter notices must satisfy the DMCA’s then-current requirements and may be sent to Company either by mail to 831-38 Route 10 East, Suite #235, Whippany NJ 07981, Attention: Accountively LLC or by email to legalnotices@accountively.com.

  4. You are encouraged to consult a legal advisor of your own choosing before filing such a notice or counter notice as there can be penalties in connection with false claims under the DMCA.

Electronic Communication. When you visit our Website or send us emails, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Copyright. All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is, at least between you and Company, the property of Company protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Company and protected by U.S. and international copyright laws. All software used on this site is the property of Company or its software suppliers and protected by United States and international copyright laws.

Trademarks. Accountively LLC or www.accountively.com and other Company graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Company in the U.S. and/or other countries. Company’s trademarks and trade dress may not be used in connection with any product or service that is not Company’s, or in any manner that is likely to cause confusion among customers or potential customers. All other trademarks not owned by Company that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Company.

License. Subject to your compliance with this Agreement, Company grants you a limited, non-exclusive, non-sublicenseable, non-transferable license to access and use the Website on your individual computing device solely in connection with your use of the Services. Any rights not expressly granted in this Agreement are expressly reserved by Company and Company’s licensors. YOU AGREE THAT YOU SHALL NOT CHANGE OR DELETE ANY COPYRIGHT, TRADEMARK, OR OTHER PROPRIETARY NOTICES FROM ANY CONTENT OR MATERIALS DISPLAYED ON OR DOWNLOADED FROM THE WEBSITE. YOU ACKNOWLEDGE THAT YOU DO NOT ACQUIRE ANY OWNERSHIP RIGHTS BY USING THE WEBSITE OR ANY CONTENT OR MATERIALS DISPLAYED OR DOWNLOADED FROM THE WEBSITE.

Disclaimer of Warranties and Limitation of Liability.

THE WEBSITE IS OFFERED ON AN "AS-IS" AND "AS AVAILABLE" BASIS. YOUR SOLE REMEDY FOR ANY DISSATISFACTION WITH THE WEBSITE AND/OR THE CONTENT OR MATERIALS CONTAINED WITHIN THE WEBSITE IS TO STOP USING THE WEBSITE AND/OR THE WEBSITE’S CONTENT OR MATERIALS, AS APPLICABLE.

  1. COMPANY MAKE NO PROMISES, GUARANTIES, WARRANTIES, OR REPRESENTATIONS ABOUT THE WEBSITE, ANY SERVICE OFFERED BY OR THROUGH THE WEBSITE, ANY SUBSCRIPTIONS TO OR THROUGH THE WEBSITE, OR THE ACCOUNTANTS THAT MAY BE IDENTIFIED IN CONNECTION THEREWITH. COMPANY DOES NOT PROMISE GUARANTY, WARRANT, OR REPRESENT THAT THE USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE WEBSITE WILL BE AVAILABLE OR HAVE ANY SPECIFIC "UPTIME".

  2. COMPANY MAKES NO PROMISES, GUARANTIES, WARRANTIES OR REPRESENTATIONS REGARDING THE background, skills, experience, competency, quality or qualification of any ACCOUNTANT or that any CONTENT, MATERIAL, OR information made available by aN ACCOUNTANT ON OR through THE WEBSITE is true, accurate or correct. COMPANY makes NO PROMISES, GUARANTIES, WARRANTIES OR REPRESENTATIONS that any ACCOUNTANT is covered by any professional liability insurance.

  3. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, CONFIDENTIALITY, ACCURACY, OR NON-INFRINGEMENT.

  4. ANY COMMUNICATIONS REQUIRING THAT THE CONFIDENTIALITY OF SAME BE PRESERVED SHOULD TAKE PLACE OUTSIDE THE WEBSITE OR ANY SERVICE OFFERE BY OR THROUGH THE WEBSITE, SUCH AS BY PHONE; IN THAT REGARD, YOU ARE TO TAKE THE DIRECTION OF ANY ACCOUNTANT YOU MAY HAVE ENGAGED.

  5. NOTWITHSTANDING THE APPOINTMENT OF COMPANY AS AN ACCOUNTANT’S LIMITED PAYMENT COLLECTION AGENT FOR THE PURPOSE OF ACCEPTING PAYMENTS, COMPANY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMMISSION OF YOU, ANY ACCOUNTANT, OR ANY THIRD PARTY.

  6. THE WEBSITE MAY BE SUBJECT TO RESTRICTIONS, LIMITATIONS, AND OTHER PROBLEMS INHERENT WITH THE USE OF THE INTERNET, AND COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGES, LIABILITIES OR LOSSES RESULTING FROM SUCH PROBLEMS.

  7. THE USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN RISK.

Company will not be liable for any damages of any kind arising from the use of this site or from any information, content, materials, products (including software) or services or subscriptions included on or otherwise made available to you through this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

General.

  1. Accuracy. Company strives to ensure the accuracy of the Company information found on the Website. However, neither Company nor its affiliates, if any, are to be held responsible by you for the accuracy of such information. It is your responsibility to assess and confirm the accuracy, completeness and reliability of all information provided on the Website.

  2. Headings. The paragraph headings contained in this Agreement are for convenience only and will not be used to expand or limit the actual terms and conditions hereof.

  3. Assignment. This Agreement may not be assigned by You without the express prior written permission of Company and any attempt to do so shall be null and void. Company expressly reserves the right to assign any and all of Company’s rights, title, or interest under this Agreement, at any time without notice to You to an affiliate, or any entity that acquires the rights to the Website, or the Services, whether as part of the sale of all or substantially all of Company’s business, equity, or assets, or otherwise.

  4. Applicable Law. By visiting the Website, you agree that the laws of the State of New Jersey, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and Company. The use of the Website, use of the Services, or subscriptions in connection therewith are void where prohibited by law.

  5. Venue. Except for matters exclusively seeking injunctive relief, you agree that any and all disputes arising out of or relating to your use of the Website are to be brought before the appropriate court(s) of the State of New Jersey or, if there is appropriate jurisdiction for same, the federal courts sitting in the District of New Jersey; and you agree and consent to such courts having exclusive jurisdiction in connection with same.

  6. Severability. If any part of this Agreement shall be held unenforceable, the rest of this Agreement will nevertheless remain in full force and effect. If the Agreement is held unenforceable to any extent in any jurisdiction, such holding will not impair the enforceability of the Agreement in any other jurisdiction.

  7. Survival. All the terms and conditions of this Agreement shall survive and continue in full force and effect regardless of the termination or expiration of this Agreement, and shall be fully enforceable thereafter.

  8. Nonwaiver. The failure of Company to exercise any right under this Agreement for a breach of this Agreement shall not be deemed to be a waiver of such right or a waiver of any right for any subsequent breach.

  9. Notices. Any notice delivered to You under this Agreement will be delivered by email to Your Last Email Address or by posting such notice on the Website. Unless otherwise noted, any notice You deliver to Company under this Agreement shall be delivered at Legalnotices@accountively.com.

  10. Entire Agreement. This Agreement constitutes the entire understanding of you and Company with respect to its subject matter and supersedes any understanding with respect thereto. No prior agreements whether written or oral shall modify or fill in gaps in this Agreement. No course of conduct between you and Company nor any trade practice shall serve as a basis to modify any provision of this Agreement.