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Terms

Terms of Use

Please read the Terms of Use (Terms”) before using the Site. The continued access and use of the Site show your acceptance to become subject to its Terms and ultimately forms a binding agreement between you and Your Small Biz Accountant, LLC (the “Company”), a duly authorized Florida company of the United States of America. If you object to any term or do not agree with a term, then do NOT use this Site or register for any services or products. Please also refer to our Privacy Policy.

1.  General Purpose

The Company maintains this website, courses and other linked and related sites (the “Site”) for the use of its customers, vendors, students, and other Site users (Users”) upon an agreement to the following Terms. 

2. User Warranty

Users assert that they are not an agent or employee of any other competitive product offering and the Site and Materials solely for personal knowledge and education.

Users acknowledge that no partnership, joint venture, employment, or agency relationship exists from this agreement or use of the Site.

3. Use of Site

The Company provides various materials, information, quizzes, tests, questions, articles, news, online courses, webinars, speeches, events, subscriptions, memberships, online courses and other information on this and related sites and in courses offered through this site (the “Materials”). 

Designated Materials are downloadable, and users may print a maximum of one copy of those Materials. Users may not alter the Materials or the copyright and other proprietary notices. Users must keep all Materials confidential, and not share, distribute, reproduce, sell, auction, loan, rent, giveaway, describe, summarize, record, teach from, or otherwise reveal the Materials or their contents, to any other person or entity. 

You may not collect or receive the Materials through any means not intentionally made available or provided for through the Site. You agree not to use the Site for any purpose that is unlawful or prohibited, or in a manner which could overburden, disable, damage, or impair the Site or interfere with any other party’s use and enjoyment. Users may not attempt or assist with decoding or reconstructing the Site or use any automated means, including agents, robots, scripts, or spiders, to access, manage or reverse engineer the Site. A breach of the Terms automatically ends your allowed use of the Site and subjects you to legal action.

4. No Warranty

We provide the Materials “as is” with no warranties of any kind. The Company further does not warrant the accuracy and completeness of the Materials at this Site, including out-of-date information. The Company may change the Materials, services, and prices without notice. Being a current User does not provide price protection from future price increases nor does it warrant a refund during a promotional offering to new Users.



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The Company does not guarantee that by using the Materials, you will be in compliance with federal, state, or local regulations, nor earn any money using the techniques, strategies, and information in the Materials. Nothing in the Materials is a promise or guarantee of earnings. Many factors determine your level of success which may include: knowledge, ability, time, financial resources, business savvy, networking, and connections.Any statements describing a future condition or outcome are merely our expectations or forecasts for future potential and thus are not guarantees or promises for actual performance.

The Materials do not replace or substitute the services or consultation with trained professionals in any field, including, but not limited to, accounting, finance, business consulting, legal, real estate or psychological fields. The Company offers no professional, personal, medical, financial or legal advice — the User should confuse none of the information in the Materials with such advice. Neither the Company, nor its employees, officers, agents, partners, affiliates, subsidiaries, contractors, speakers, or assigns will be liable for any direct, indirect, consequential, special, exemplary or other damages to the Users, including economic loss, that may result from participation, use or inability to use the Materials, information, or strategies communicated or any products or services provided, even if advised of the possibility of such damages. Under no circumstances, including but not limited to negligence, will the Company or its speakers be liable for any consequential or special damages that result from User’s participation.

5. Subscription Services

Materials may be part of a subscription service on a defined billing period (e.g. monthly or annually). Your subscription will automatically renew on the next billing period for each subscription service.

  • Credit/debit card billing: The Company charges cards automatically on the customer's specific billing cycle date (the same date we processed your first charge).

  • Payment failure: If the card does not charge successfully, access to the product will cease immediately.

  • ChargebacksIf a customer starts a chargeback, the Company may assess a $50 processing fee for each instance.

  • Deactivation: The Company reserves the right to remove the User’s account from its servers after nonpayment.

  • Collections: If User has an unpaid balance sent to collections, the Company may assess a $100 collections fee.

  • Upgrades/downgrades: Users must contact the Company to upgrade or downgrade their subscription.

  • Cancellation: Users may cancel subscription services at any time. Access to the subscription and Materials will continue through the end of the current billing period. After completing the cancellation process, the Company will not charge the User for the next billing period.

We do not grant returns, prorations, or refunds for a partial billing period and without regard to the User’s log-in activity. A cancellation merely prevents an automatic renewal for the following subscription period. In addition, a failure by User to cancel the subscription before the next billing period does not entitle them to a refund. 

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To cancel a subscription, Uses may log in to their portal, then navigate to their dashboard and click on My Account > Billing and then Cancel. Alternatively, you may contact us through the support option inside your profile, the reply-to email address found in electronic communications, or the postal address found in electronic communications.

7. Alternative Dispute Resolution

The parties agree to the following out-of-court alternative dispute resolution (ADR) procedure as the sole means for resolving disputes for any past, current or future matters (with one exception described below), whether it is subject to this Agreement or otherwise. 

  • Jurisdiction. By signing this Agreement, both parties submit to final and binding arbitration conducted as an in-person hearing and settled by the American Arbitration Association (AAA) following its Commercial Arbitration Rules. The laws of the State of Florida shall govern the arbitration and shall take place at the office of the AAA in Orange County, Florida. Either party may file a judgment based on an award provided for by the arbitrators in any court having jurisdiction thereof.

  • Process. The party asserting the claim may start the arbitration by filing a demand for arbitration within one (1) year after the date such party first knows or reasonably should know of the omission, act, or default giving rise to the claim. No arbitrator(s) shall be an individual who is personally known to either party.

  • Expense. Both parties shall share the expense of the mediation in equal parts, although the cost of specialists, personal attorneys, or witnesses or specialists are the direct responsibility of each party.

  • Confidentiality. No party or arbitrator may disclose the existence, content, or results of the arbitration without the prior written consent of both parties, except as required by law. The parties shall not communicate with the media, publication entities, or in a public forum concerning the ADR.

  • Award. The arbitrators will have no authority to award punitive or other damages not measured by the prevailing party's actual damages, except as required by statute. The arbitrator(s) shall not award consequential damages in any arbitration started under this section. The arbitrator(s) may not consolidate more than one person’s claims.

    The arbitrator(s) shall have authority to award compensatory damages, but only for those found to have been directly and solely caused by errors, acts, or omissions committed in violation of the Company’s duties, and only if those damages are less than the product or service fee associated with the claim and remitted by the Users. If the amount of the compensatory damages is higher than the product or service fee, then this Agreement limits the arbitrator(s) authority to award compensatory damages to the sum of such fees paid.

Notwithstanding this section, the parties agree that the Company may seek injunctive relief in a court of law, or to sue in a court of law to address intellectual property infringement claims.

The performance of this Agreement shall continue during the ADR. User shall not withhold any payment due or payable because of a pending ADR, except if such payment is the subject of the dispute.

Users understand that by agreeing to arbitration, he/she/it waives the right to sue in court, the right to a jury trial, or the right to an appeal.


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8. Trademark and Copyright

The Company and other brands, trademarks, and service marks are the marks of the Company and its affiliates. The Materials on this Site are proprietary, confidential and copyrighted, including but not limited to strategies, tools, and processes. The unauthorized use of the Materials may violate copyright, trademark, and other laws. The Company will pursue legal action and full damages if a User violates these terms.

The trademarks, trade names, logos or company names of third-parties referenced on the Site are for identification only and are the property of their respective owners.

9. Hyperlinks

Any links to external sources are as a convenience to you and do not imply endorsement of the site or any association with its operators unless otherwise specified. The Company has not reviewed these external websites, does not control them, and is not responsible for them or their content. If you access any of the external websites linked to this Site, you do so entirely at your own risk.

When you visit a linked third-party website, we may earn compensation in the form of a commission or referral fee. You will see a disclaimer next to the sponsored or affiliate link. Please review our Disclosure policy.

10. Limitation of Liability

The Company, its suppliers and other third parties mentioned at this Site are not liable for damages arising out of the use or an inability to use: 1) this Site, 2) any websites linked to this Site, or 3) the Materials or information (including, but not limited to those resulting from interruption of services or inaccurate information).

Users assume all costs associated with the use of the Materials or information from this Site resulting in a need for service, repair or reconstruction of equipment or data.

11. Applicable Law

The laws of the State of Florida govern these Terms. Failure to enforce strict performance of the Terms is not a waiver of any right or provision. The Company may assign its duties and rights under the Terms without notice to any party.

12. Severability

Provisions found unlawful, unenforceable or void, shall be severable from the remaining agreement, and will not affect the validity and enforceability of the remaining provisions.

13.  Effective Date and Updates

The Terms are subject to change without notice. Please check for changes regularly. Your use of this Site after the changes constitutes your agreement to such changes.


Last updated: April 17, 2019

 

 



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