Terms and Conditions of Use
DEFINITIONS
The following terms and conditions govern your use of www.DandSBookkeeping.com (the “Site”), as well as all services related to the Site. The operator of this website is Dollars & Sense Financial Services, LLC doing business as Dollars & Sense Bookkeeping (“D&S” “us,” “our,” or “we”). By using the Site, you agree to be bound by these Terms of Use (the “Agreement”). If you do not agree to these Terms of Use, please do not use this Site.
The Websites and content available within them is for informational purposes only. We do not supply legal, investment, or professional advice. Neither the Site nor the content available within constitutes professional advice, and neither should be relied upon by you or any third party as if it were legal, investment, or other professional advice. The documents provided on the Site are for general guidance only and do not contain definitive advice. We cannot and do not guarantee or warrant that any of the information that you may receive through the Site, or links to third party websites is accurate, up-to-date or complete and we do not accept any responsibility for any errors or omissions, or for any damage or loss you may suffer. Before making any decision or taking any action, you should consult with professional advisers. If you have any questions regarding the meaning or application of this Agreement, please direct your questions to:
Dollars & Sense Financial Services, LLC
3515 E Bell Rd. Suite 278
Phoenix, AZ 85032
DISCLAIMER
The information provided does not constitute legal or professional advice nor is it conveyed or intended to be conveyed during any adviser-client discourse, but is intended to be general information with respect to common cryptocurrency, business, and accounting issues. If you enter your email address on our web site, you are also requesting and agreeing to subscribe to our free email newsletter, and you can unsubscribe anytime. Any discussion making any reference of the securities industry or any securities-related matter is entered into, if at all, for the purposes of entertainment. We recommend securing “investment advice” from an “investment adviser” registered with the appropriate regulatory agencies, as required by law, for any advice, recommendations, reports, or analyses on securities.
About the Website
The Site provides information on D&S, including thought leadership and the services and products we provide. Unless expressly set forth in writing, this Agreement does not supersede any separate contracts entered into between you and D&S, but merely serves to supplement those agreements and govern your use of the Site.
Payment to D&S / No Refunds
You may purchase services through the Site. D&S charges for those certain services and products as specified on the Site. The Site utilizes third-party vendors for processing payments for those services and products. You are subject to those third-party vendors’ terms of use when you use their service. D&S is not liable for any actions by any payment processor, or any interaction between you and any third-party vendor. If you purchase services through the Site, no physical products will be shipped.
If your payment is skipped (for insufficient fees or otherwise), our third-party processor will automatically attempt to draft the funds a second time. If your account fails to draft a second time your services will be placed on hold. You will be given 30 days to rectify the payment or interest will be accrued. After 90 days, your account will be cancelled, and all overdue invoice will be sent to collections.
All payments are final. No portion of any amounts paid to D&S is ever refundable unless we expressly state otherwise.
Access to the Site
This Agreement grants you a limited, revocable, nonexclusive license to access the Site for your own personal use. You may not sub-license your rights to a third party, and this license does not extend to any collection, aggregation, copying, duplication, display or derivative use of the Site nor any use of data mining or similar data gathering and extraction tools for any purpose unless expressly permitted by D&S. A limited exception is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to this Site, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent.
From time to time the Site may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which D&S may undertake from time to time; or (iii) causes beyond the control of D&S or which are not reasonably foreseeable by D&S.
You will use the Websites only for lawful purposes. If you do not comply with these Terms (or if we have reasonable grounds to suspect or are investigating suspected non-compliance), we may suspend your access to the Websites or take any other steps we consider appropriate.
Limited Warranty/Disclaimer of Liability
D&S makes no representations or warranties as to the truth or accuracy of any information presented by any user of the Site. Although the Site provides guidance, it does not guarantee any result related to services offered by any user of this site.
As a consumer, you should do your own independent investigation of the statements being made on the Site, including confirming credentials, obtaining references, and research using other resources.
This Site and its contents are provided “as is” without warranties of any kind, whether express or implied, including without limitation any warranty as to the accuracy, availability, completeness, reliability, title, currency or content of any information or material provided by or through this site, and the implied warranties of merchantability or fitness for a particular purpose. Your use of the Site is at your sole risk. You assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of the Site, and that D&S shall not be liable for any damages of any kind related to your use of the Site.
IN NO EVENT SHALL D&S, OR ANY DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OR OPERATOR OF THE SITE, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (V) ANY VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
No Advice Is Given – Use at Your Own Risk
The Site provides information only, not advice. The Site is not intended to be a substitute for professional legal advice, financial advice, investment advice, or business advice. Always seek the advice of your attorney, accountant, investment advisor, or other qualified service provider with any questions you may have regarding a business decision. Never disregard professional legal advice or delay in seeking it because of something you have read on the Site. Reliance on any information appearing on the Site is solely at your own risk.
Eligibility and Responsibility of Account
To use portions of the Site, you must create an account with the Site. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, whether expressly authorized by you or not. You are responsible for keeping your account password secure. You may change your password at any time by updating your Account Profile. In addition, you agree to immediately notify D&S of any unauthorized use of your password or account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with this Section or to secure your account and password, including but not limited to selecting a password that is easily compromised. You are not allowed to use another customer’s account without that customer’s permission. Unless previously notified otherwise, we will assume that anyone visiting our Site with a correct account and password combination is an authorized user of that account.
To create an account on the Site, you must be at least eighteen (18) years of age. If you are under 18 years of age, you must obtain parental consent before creating an account on the Site.
By posting to the Site, you represent that you possess the capacity to enter into a binding contract and are not a person barred by any laws from using our Site, or that you have received permission from a parent or legal guardian to post to the Site. You agree to provide true, accurate, current and complete information about yourself in all required fields of the registration form. If any of your information changes, you agree to update your registration information as soon as possible. If we have reason to suspect that your registration information is not complete, current, or accurate, or that you have otherwise violated this Agreement, your account will be subject to suspension or termination, in our sole discretion, and you may be barred from using the Site.
Modification of Terms of Use/ Modification of Website
We reserve the right to change this Agreement at any time. We will announce any changes by posting a revised draft of this Agreement on the Site. You can determine when this Agreement was last revised by referring to the “Last Updated” information contained herein. If a change is, in our sole discretion, material, we will notify you of the change if you are an active member of the Site. By continuing to use the Site following such changes, you will be deemed to have agreed to such changes. You agree to review this Agreement periodically to be aware of any such changes. Your use of certain services on the Site may be governed by additional rules, which will be available on the Site. By using any service, you acknowledge that you have reviewed all rules for the service in question and agree to be bound by them.
We also reserve the right, at any time, to: change or discontinue any content or feature of the Site or any services or products made available through the Site without notice; charge fees in connection with the use of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site. You agree that we will not be liable for any modification, suspension or discontinuance of the Site or of any service, content, feature or product offered through the Site. Your continued use of the Site after such changes will indicate your acceptance of such changes.
From time to time, in our sole and absolute discretion, without any notice or liability to you, we may change, move or delete portions or features of the Site, or we may add new areas or features to the Site. We may introduce a new service and the fees for that service are effective as of the date that service becomes available on the Site.
Site Conduct
The Site is intended to be used for lawful purposes only. If you create an account, you may be given the opportunity to post, transmit or otherwise make available information, opinions, ideas, images or other content on the Site. We reserve the right, but we do not have the obligation to remove any content posted on our site for any reason. Decisions as to whether content violates our standards will be made in our sole discretion after we have actual notice of such posting. Without limiting our rights hereunder, we have attempted to provide guidelines to those posting on our site. When using the Site:
- You may not post or transmit any material or content on or through the Site:
- that violates or infringes in any way upon the rights of others;
- that discloses private personally identifying information of another person that could lead to identity theft;
- that discloses health related information of another person;
- that discloses confidential, proprietary information or trade secrets;
- that solicits, encourages, or promotes the use of illegal substances or activities;
- which is unlawful, threatening, abusive, harassing, defamatory, libelous, derogatory, constitutes invasion of privacy or publicity rights, is fraudulent or tortious, vulgar, obscene, pornographic, bigoted or hateful, intimidating, profane, scandalous, pornographic, indecent or otherwise objectionable;
- that is protected by the copyright, trademark, trade secret or any other proprietary rights of anyone other than you;
- that expresses or implies that any statements you make are endorsed by us, without our prior written consent; or
- that gives rise to civil or criminal liability, encourages conduct that constitutes a criminal offense or otherwise violates any local, state, or federal law.
- You may not post or transmit on or through the Site:
- software or other materials that contain viruses or other programs harmful or disruptive to the Site or other websites;
- chain letters; mass mailings; spam mail;
- any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents.
- You may not:
- offer any services on the Site that you are not properly licensed to perform;
- misrepresent who you are or impersonate another person;
- engage in any activity on the Site that restricts or inhibits any other user from using or enjoying the Site such as “hacking,” “hijacking,” “cracking,” “spoofing,” or defacing any portion of the Site;
- harvest or collect information about Site visitors or Registered Users without their express consent;
- use the Site to defame, abuse, stalk, threaten or otherwise violate the legal rights of others or for any fraudulent purpose;
- reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any film or portion of a film on the Site or any portion of, use of, or access to the Site;
- create a database by systematically downloading and storing Site content;
- frame or mirror any part of the Site without our prior written consent;
- interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies or regulations of such networks.
You will use the Websites only for lawful purposes. If you do not comply with these Terms (or if we have reasonable grounds to suspect or are investigating suspected non-compliance), we may suspend your access to the Websites or take any other steps we consider appropriate.
User Comments, Feedback and other Submissions
By submitting, disclosing, posting, transmitting or uploading any messages or data to the Site, you warrant and represent that you are the owner of those communications or that you have all rights necessary to submit, disclose, post, upload, transmit and otherwise use any such communications for your intended purpose. By posting information or content to the Site, you grant, and you represent and warrant that you have the right to grant, and that you do grant to D&S an irrevocable, perpetual, fully-paid, worldwide non-exclusive license to use, copy, perform, display and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. If you do not agree to this license, do not post on the Site.
We may not be able to review all materials posted to the Site by users and we are not responsible for any materials posted by users. We reserve the right at all times to disclose any information necessary to satisfy any law, regulation, government request or court order to edit, refuse to post or to remove information or materials in whole or in part, that are the subject of a complaint or a report of abuse or that in our sole discretion are objectionable or in violation of this Agreement or as otherwise required by law or court order.
Copyrights, Trademarks and other Intellectual Property Rights
All materials, including images, illustrations, designs, icons, photographs, text, software, graphics, videos, music and sound that are part of the Site are protected by U.S. and state copyright laws, international treaties and other intellectual property laws. All copyrighted or trademarked material or other intellectual property used on the Site is owned by us or others who have given us permission to use their protected intellectual property. The Site as a whole is also protected by copyright law and is owned by us.
The materials on the Site, and the Site as a whole, are intended solely for your personal, noncommercial use. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works of, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the intellectual property on the Site, the Site as a whole, or any related software without the prior written permission of D&S or the owner of that intellectual property. Further, you may not frame any of the Site content, deep-link to the Site, trespass or scrape the Site with automated agents without prior written consent of D&S.
Third-Party Content
The Site may contain content supplied by parties other than D&S. Any advertisements, solicitations, opinions, advice, judgments, statements or other information or content expressed or made available by such third parties, are those of the respective author(s) and not of D&S. We make no guarantees as to the accuracy, completeness or usefulness of any content or service provided, nor its merchantability or fitness for a particular purpose.
D&S is not responsible for the actions or inactions of any users of the Site, including the actions or inactions of any service professional listed on the Site.
Indemnification
You agree to indemnify, defend and hold harmless D&S and its directors, officers, employees, agents and shareholders, and defend any action brought against us or them with respect to any claim, demand, cause of action, debt or liability, including but not limited to reasonable costs and attorneys’ fees, arising out of the use of the Site, or the violation of any of the provisions of this Agreement, by you or anyone accessing our Site under your account.
Governing Law and Jurisdiction
This Agreement is entered into in the State of Arizona and is governed by the laws of the State of Arizona and by the federal laws of the United States, without reference to conflict of laws principles. You agree to the exclusive jurisdiction of the state and federal courts in Arizona to adjudicate any dispute arising out of or relating to this Agreement or your use of our Site. You also expressly consent to the personal jurisdiction of the state and federal courts in Arizona for any such action.
General Provisions
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be stricken from this Agreement and the remaining provisions shall be enforced. Our failure to act with respect to any breach of this Agreement by you is not a waiver of our right to act with respect to subsequent or similar breaches. You may not assign or transfer this Agreement or your rights hereunder, and any attempt to do so is void. D&S shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond its control. You must comply with all applicable laws and regulations relating to your access to and use of the Site. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof and supersedes any prior understandings or agreements with respect to such subject matter.
Termination / Cancellation
D&S may terminate your use of the Site, including without limitation, your account with the Site, at any time, in our sole discretion. Upon any such termination, your right to use the Site will immediately cease. You agree that any termination of your access to or use of the Site may be affected without prior notice.
Links to Other Sites
For your convenience, D&S may provide links on the Site to websites that are not operated by D&S, including links to websites that sell products. We do not control such web sites and are not responsible for their contents, products or operation. These links do not mean that D&S endorses, approves or sponsors the linked sites or any information, products or services contained on those sites. We are not liable for any damage that might result from your use of the information, products or services obtained. Your use of such websites is entirely at your own risk.
No Agency/ No Third-Party Beneficiary
There is no agency, partnership, joint venture, attorney-client, employee-employer or franchiser-franchisee relationship intended or created by this Agreement. Nothing in this Agreement is intended to benefit any third party.
Digital Millennium Copyright Act Compliance Notice
If you believe any of the content on our Site infringes your copyrights, you may send us a notice of alleged infringement that complies with the Digital Millennium Copyright Act.
D&S will process notices of alleged infringement that it receives and will take appropriate actions as required by the Digital Millennium Copyright Act (the “DMCA”) and other applicable intellectual property laws. Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to D&S’s designated agent:
Maria Crimi Speth
3200 N. Central Ave, Suite 3200
Phoenix, Arizona 85012
mcs@jaburgwilk.com
To be effective, the notification must be in writing and must comply with the DMCA, 17 U.S.C. §512(c)(3). Notices which do not comply with the law will be disregarded.
Updates to Terms of Use
Terms of Use updated as of December 12th, 2017.
Privacy Policy
This privacy policy has been compiled to better serve those who are concerned with how their Personally Identifiable Information (“PII”) is being used online. Please read our privacy policy carefully to get a clear understanding of how we collect, use, protect or otherwise handle your PII through this Site.
Categories of Personally Identifiable Information
We may collect the following types of information from you:
- Contact Data which includes your name, telephone number, mailing and e-mail addresses;
- Online Tracking information, which is described below;
- Financial Data (your account or credit card number);
- Demographic and additional information, which you provide to us by e-mail, or by posting content or completing online forms, or surveys.
Online Tracking
We collect information from you when you register on our site, place an order, subscribe to a newsletter, or enter information on our site.
We may utilize online identification technologies, such as cookies, web beacons, or pixels on some pages of our site. Online Identification Technologies can be used to store registration information in an area of the site so that a user does not need to re-enter it on subsequent visits to that area. It is D&S’s policy to use these technologies to make navigation of our websites easier for visitors, to facilitate efficient registration procedures (including remembering preferences), and to better deliver tailored content to visitors.
D&S uses site analytics providers which may set cookies in your browser. Site activity information collected by these analytics providers may be combined with personal information held by D&S.
If you are concerned about cookies, most browsers permit individuals to decline cookies. In most cases, you may refuse or delete one or more cookies and still access our website, but site functionality may be impaired. After you finish browsing our website, you may delete site cookies from your system if you wish.
To properly manage our website, we also anonymously log information on our operational systems and identify categories of visitors by items such as domains and browser types. These statistics are reported in the aggregate to our webmasters. This is to ensure that our website presents the best web experience for visitors and is an effective information resource.
Uses of Information Collected
We use Contact Data only to contact you when necessary, which may include sending you periodic emails regarding your order or other products or services. We use Financial Data to charge for our services, to the extent applicable on the Site. We use information obtained from Online Tracking technologies (including information collected by our third-party service providers) for web and email analytics and for marketing and advertising purposes. We may also use your PII to personalize your user experience and allow us to deliver the type of content and product offerings in which you are most interested.
Confidentiality and Security of Personal Information
Except as otherwise provided in the Terms of Use or this Privacy Policy, we will keep your Contact Data and Financial Data private and will not share it with third parties, unless you choose to post it in a public forum on the Site or unless such disclosure is necessary to: (a) comply with a court order or other legal process; (b) protect our rights or property; or (c) enforce our Terms of Use. Your personal information is stored on secure servers that are not accessible by third parties.
Lost or Stolen Information
You must promptly notify us if your user name or password is lost, stolen or used without permission. In such an event, we will cancel that account and assign you a new user name and password and update our records accordingly.
Other Limits to Your Privacy
The Site may contain links to other websites and may approve other websites to obtain Online Tracking information from the Site. We are not responsible for the privacy practices or the content of such websites. When you post on the Site, the information that you disclose becomes public information. We have no control over its use and you should exercise caution when deciding to disclose your personal information.
CAN-SPAM Act
The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.
If at any time you would like to unsubscribe from receiving future emails, you can click the unsubscribe link on the bottom of our emails and we will promptly remove you from ALL correspondence, except those about your account, payments, collections, etc.
Updates and Changes to Privacy Policy
We reserve the right, at any time and without notice, to add to, change, update, or modify this Privacy Policy, by posting such change, update, or modification on the Site. If you have an account with us, we will notify you of any material change in our privacy policy. Any such change, update, or modification will be effective immediately upon posting on the Site.
If there are any questions regarding this privacy policy, you may contact us at:
Dollars & Sense Financial Services, LLC
3515 E Bell Rd. Suite 278
Phoenix, AZ 85032