Efficient: February 7, 2022
Thanks for utilizing our companies! These phrases of service (“Phrases”) cowl your use and entry to our companies, consumer software program and web sites (“Companies”). We use CountingWorks, Inc. as our know-how platform to allow us to offer our companies in a safe surroundings. By utilizing our Companies, you’re agreeing to be certain by these Phrases, and our Privateness Coverage. When you’re utilizing our Companies for a company, you’re agreeing to those Phrases on behalf of that group.
Your Stuff & Your Permissions
If you use our Companies, you present us with issues like your recordsdata, content material, messages, contacts, and so forth (“Your Stuff”). Your Stuff is yours. These Phrases don’t give us any rights to Your Stuff apart from the restricted rights that allow us to supply the Companies.
We want your permission to do issues like internet hosting Your Stuff, backing it up, and sharing it once you ask us to. Our Companies additionally offer you options like eSign, file sharing, e-mail newsletters, appointment setting and extra. These and different options could require our programs to entry, retailer, and scan Your Stuff. You give us permission to do these issues, and this permission extends to our associates and trusted third events we work with.
Sharing Your Stuff
Our Companies allow you to share Your Stuff with others, so please consider carefully about what you share.
You’re chargeable for your conduct. Your Stuff and you could adjust to relevant legal guidelines. Content material within the Companies could also be protected by others’ mental property rights. Please don’t copy, add, obtain, or share content material except you’ve gotten the appropriate to take action.
We could evaluation your conduct and content material for compliance with these Phrases. With that stated, we’ve got no obligation to take action. We aren’t chargeable for the content material folks put up and share through the Companies.
Assist us preserve you knowledgeable and Your Stuff protected. Safeguard your password to the Companies, and preserve your account info present. Don’t share your account credentials or give others entry to your account.
You might use our Companies solely as permitted by relevant regulation, together with export management legal guidelines and laws. Lastly, to make use of our Companies, you have to be at the least 13, or in some circumstances, even older. When you reside in France, Germany, or the Netherlands, you have to be at the least 16. Please examine your native regulation for the age of digital consent. When you don’t meet these age necessities, you might not use the Companies.
A few of our Companies assist you to obtain consumer software program (“Software program”) which can replace routinely. As long as you adjust to these Phrases, we provide you with a restricted, nonexclusive, nontransferable, revocable license to make use of the Software program, solely to entry the Companies. To the extent any element of the Software program could also be provided beneath an open supply license, we’ll make that license out there to you and the provisions of that license could expressly override a few of these Phrases. Except the next restrictions are prohibited by regulation, you agree to not reverse engineer or decompile the Companies, try to take action, or help anybody in doing so.
We typically launch merchandise and options that we’re nonetheless testing and evaluating. These Companies have been marked beta, preview, early entry, or analysis (or with phrases or phrases with comparable meanings) and will not be as dependable as different non-beta companies, so please preserve that in thoughts.
The Companies are protected by copyright, trademark, and different US and international legal guidelines. These Phrases don’t grant you any proper, title, or curiosity within the Companies, others’ content material within the Companies, CountingWorks and our logos, logos and different model options. We welcome suggestions, however notice that we could use feedback or strategies with none obligation to you.
We respect the mental property of others and ask that you simply do too. We reply to notices of alleged copyright infringement in the event that they adjust to the regulation, and such notices ought to be reported to authorized@CountingWorks.com. We reserve the appropriate to delete or disable content material alleged to be infringing and terminate accounts of repeat infringers. Our designated agent for discover of alleged copyright infringement on the Companies is:
2549 Eastbluff Drive #448
Newport Seaside, CA 92660
You’re free to cease utilizing our Companies at any time. We reserve the appropriate to droop or terminate your entry to the Companies with discover to you if:
(a) you’re in breach of those Phrases,
(b) you’re utilizing the Companies in a fashion that will trigger an actual threat of hurt or loss to us or different customers, or
We’ll offer you cheap advance discover through the e-mail handle related along with your account to treatment the exercise that prompted us to contact you and provide the alternative to export Your Stuff from our Companies. If after such discover you fail to take the steps we ask of you, we’ll terminate or droop your entry to the Companies.
We gained’t present discover earlier than termination the place:
(a) you’re in materials breach of those Phrases,
(b) doing so would trigger us authorized legal responsibility or compromise our capacity to offer the Companies to our different customers, or
(c) we’re prohibited from doing so by regulation.
Discontinuation of Companies
We could resolve to discontinue the Companies in response to unexpected circumstances past CountingWorks management or to adjust to a authorized requirement. If we accomplish that, we’ll provide you with cheap prior discover as a way to export Your Stuff from our programs.
Companies “AS IS”
We try to offer nice Companies, however there are specific issues that we won’t assure. TO THE FULLEST EXTENT PERMITTED BY LAW, CountingWorks AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED “AS IS.” WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Some locations don’t permit the disclaimers on this paragraph, so they could not apply to you.
Limitation of Legal responsibility
WE DON’T EXCLUDE OR LIMIT OUR LIABILITY TO YOU WHERE IT WOULD BE ILLEGAL TO DO SO—THIS INCLUDES ANY LIABILITY FOR CountingWorks OR ITS AFFILIATES’ FRAUD OR FRAUDULENT MISREPRESENTATION IN PROVIDING THE SERVICES. IN COUNTRIES WHERE THE FOLLOWING TYPES OF EXCLUSIONS AREN’T ALLOWED, WE’RE RESPONSIBLE TO YOU ONLY FOR LOSSES AND DAMAGES THAT ARE A REASONABLY FORESEEABLE RESULT OF OUR FAILURE TO USE REASONABLE CARE AND SKILL OR OUR BREACH OF OUR CONTRACT WITH YOU. THIS PARAGRAPH DOESN’T AFFECT CONSUMER RIGHTS THAT CAN’T BE WAIVED OR LIMITED BY ANY CONTRACT OR AGREEMENT.
IN COUNTRIES WHERE EXCLUSIONS OR LIMITATIONS OF LIABILITY ARE ALLOWED, CountingWorks, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS WON’T BE LIABLE FOR:
i. ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR
ii. ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY.
THESE EXCLUSIONS OR LIMITATIONS WILL APPLY REGARDLESS OF WHETHER OR NOT CountingWorks OR ANY OF ITS AFFILIATES HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU USE THE SERVICES FOR ANY COMMERCIAL, BUSINESS, OR RE-SALE PURPOSE, CountingWorks, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS WILL HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY. CountingWorks AND ITS AFFILIATES AREN’T RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES.
Let’s Attempt To Type Issues Out First. We wish to handle your issues while not having a proper authorized case. Earlier than submitting a declare towards CountingWorks or our associates, you conform to attempt to resolve the dispute informally by contacting authorized@CountingWorks.com. We’ll attempt to resolve the dispute informally by contacting you through e-mail.
Judicial discussion board for disputes. You and CountingWorks agree that any judicial continuing to resolve claims relating to those Phrases or the Companies will likely be introduced within the federal or state courts of Orange County, California, topic to the obligatory arbitration provisions under. Each you and CountingWorks consent to venue and private jurisdiction in such courts. When you reside in a rustic (for instance, European Union member states) with legal guidelines that give customers the appropriate to deliver disputes of their native courts, this paragraph doesn’t have an effect on these necessities.
IF YOU’RE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:
We Each Agree To Arbitrate. You and CountingWorks conform to resolve any claims relating to those Phrases or the Companies by last and binding arbitration by a single arbitrator. This contains disputes arising out of or referring to interpretation or utility of this “Necessary Arbitration Provisions” part, together with its enforceability, revocability, or validity.
Arbitration Procedures. The American Arbitration Affiliation (AAA) will administer the arbitration beneath its Business Arbitration Guidelines and the Supplementary Procedures for Client Associated Disputes. The arbitration will likely be held in the USA county the place you reside or work, Orange County (CA), or some other location we conform to.
NO CLASS ACTIONS. You might solely resolve disputes with us on a person foundation, and should not deliver a declare as a plaintiff or a category member in a category, consolidated, or consultant motion. Class arbitrations, class actions, personal legal professional common actions, and consolidation with different arbitrations aren’t allowed. If this particular paragraph is held unenforceable, then everything of this “Necessary Arbitration Provisions” part will likely be deemed void.
These Phrases will likely be ruled by California regulation apart from its conflicts of legal guidelines rules. Nonetheless, some international locations (together with these within the European Union) have legal guidelines that require agreements to be ruled by the native legal guidelines of the buyer’s nation. This paragraph doesn’t override these legal guidelines.
These Phrases represent all the settlement between you and CountingWorks with respect to the subject material of those Phrases, and supersede and substitute some other prior or contemporaneous agreements, or phrases and circumstances relevant to the subject material of those Phrases. These Phrases create no third occasion beneficiary rights.
Waiver, Severability & Project
CountingWorks failure to implement a provision shouldn’t be a waiver of its proper to take action later. If a provision is discovered unenforceable, the remaining provisions of the Phrases will stay in full impact and an enforceable time period will likely be substituted reflecting our intent as intently as potential. You might not assign any of your rights beneath these Phrases, and any such try will likely be void. CountingWorks could assign its rights to any of its associates or subsidiaries, or to any successor in curiosity of any enterprise related to the Companies.
We could revise these Phrases sometimes to higher mirror:
(a) adjustments to the regulation,
(b) new regulatory necessities, or
(c) enhancements or enhancements made to our Companies.
If an replace impacts your use of the Companies or your authorized rights as a consumer of our Companies, we’ll notify you previous to the replace’s efficient date by sending an e-mail to the e-mail handle related along with your account or through an in-product notification. These up to date phrases will likely be efficient at least 30 days from after we notify you.
When you don’t conform to the updates we make, please cancel your account earlier than they change into efficient. By persevering with to make use of or entry the Companies after the updates come into impact, you conform to be certain by the revised Phrases.