TERMS OF SERVICE
This Terms of Service Agreement ("Agreement") is a contract between you (individual customer(s) and/or accounting firms) and CPA Organizer, LLC (“we,” “us,” and/or “our”). You should carefully read this Agreement before using our website at www.mycpadashboard.com (the "Website”). We are willing to provide you access to our Website expressly conditioned upon your acceptance of all terms and conditions contained herein. By accessing and/or using our Website, in any manner whatsoever, you agree to be bound by this Agreement and all of the terms and conditions herein. If you are using our Website on behalf of your customers, your customers will also be considered a party to and subject to this Agreement.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS HEREIN, DO NOT ACCESS THE WEBSITE, ANY OF ITS SERVICES, AND/OR ANY INFORMATION PROVIDED ON AND/OR THROUGH THE WEBSITE.
Your use of our Website is subject to additional notices that may appear throughout the Website. If you use any of our products and/or services, you shall be subject to any and all applicable agreements ("Supplemental Agreements") and any and all posted guidelines and/or rules applicable to such products and/or services. All such guidelines and/or rules are hereby incorporated by reference into this Agreement. Where a conflict exists between this Agreement and any of the Supplemental Agreements, the provisions of the applicable Supplemental Agreement shall govern.
Neither CPA Organizer, LLC nor its representatives are engaged in rendering legal services, tax advice, and/or other related advice.
In order to use the Website, you must obtain access to the Internet and pay any service fees associated with such access. System availability and access to the services and/or information available on the Website may be limited or unavailable for reasons that may include, but not limited to, system performance, telecommunications failure, hardware failure, and/or software failure. You are responsible for your use of your Internet browser, the Website, the Application, the services, and information provided on the Website. We are not responsible for deletion of data, timeliness of services, or the failure to store any of your data or personalization settings.
All content on the Website, including, but not limited to, text, graphics, designs, logos, button icons, images, audio clips, trade names, trademarks, service marks, trade dress, digital downloads, data compilations, software, and the compilation of any of the foregoing, is our property, the property of our licensors and is protected by United States and international patent, copyright, and trademark laws. The display and availability of the content on the Website does not convey or create any license or other rights in the content. Any unauthorized copying, reverse engineering, redistribution, reproduction, publication or modification of Website content by any person(s) or entity, without our prior written authorization, is strictly prohibited, may be a violation of federal, state, or common law, trademark, patent and/or copyright laws and may subject such a violator to legal action. The use of content from the Website on any other website or networked computer environment is similarly prohibited. Requests for permission to reproduce or distribute materials found on the Website can be made by contacting us in writing. You are also strictly prohibited from creating works or materials that derive from or are based on the Website content or other materials contained in or on the Website including, without limitation, fonts, icons, link buttons, wallpaper, desktop themes and/or unlicensed merchandise. This prohibition applies regardless of whether the derivative materials are sold, bartered or given away.
Use of the Website will require you to create a user account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your password or account and/or any breach of security that you become aware of. You agree to ensure that you properly close out of your account at the end of each session.
You agree that any information you provide to us through the Website will be accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete as of the date the information was provided, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right, without limitation, to suspend or terminate any and/or all of your accounts and to refuse any and all current or future use of the Website (or any portion thereof) and/or services and information provided on the Website.
You agree that you will not disclose our Confidential Information to any person and/or entity, other than as necessary to use the services and/or information provided on the Website. You will not use or permit the use of any Confidential Information except as necessary in connection with the services and/or information. You shall use at least the same degree of care in safeguarding the Confidential Information as you use in safeguarding your own confidential information, but in no event, shall you use less than due diligence and care. "Confidential Information" means all information or material which: (i) is obtained from password protected portions of the Website or (ii) (A) is marked "Confidential," "Restricted," or other similar marking, (B) is known by the parties to be considered confidential, or (C) is or should be known or understood to be confidential or proprietary by an individual exercising reasonable judgment.
NO UNLAWFUL OR PROHIBITED USE
If you are under the age of 13, you may not use this Website.
As an express condition of your use of this Website, you warrant to CPA Organizer, LLC that you will not use this Website for any purpose and/or manner that violates any federal, state, or local law or regulation or that is prohibited by these terms and conditions. If you violate any of these terms or conditions, your permission to use this Website shall automatically end.
You may not, without our prior written permission, use any computer code, data mining software, "robot," "bot," "spider," "scraper," or other automatic device, or program, algorithm or other similar or like methodology with similar processes or functionality, or any manual process, to monitor or copy any of the web pages, data or content found on this Website or that may be accessed through this Website. You may not republish content from this Website onto any other website or use in-line or other linking to display such content without our permission. You shall not introduce viruses, spyware and/or other malicious code to this Website. You represent and warrant that you use frequently updated, commercially standard, virus protection software to ensure that the system you use to access our Website is virus free.
NO RESPONSIBILITY FOR THIRD-PARTY SERVICES, SITES OR CONTENT
This Website may contain links to third-party Web sites (“Third-Party Sites”) or third-party content (“Third-Party Content”) and may provide third-party services (“Third-Party Services”), including, but not limited to, Add-ons, payment processors, and account aggregation and integration that you may use in connection with your use of the Services. You use Third Party Sites, Third-Party Content (together, the “Third Party Materials”) or Third-Party Services at your own risk.
CPA Organizer, LLC makes no claim or representation regarding Third-Party Materials and Third-Party Services, and provides them or links to them only as a convenience. Inclusion in the Services of Third-Party Materials does not imply endorsement, adoption or sponsorship of, or affiliation with, such Third-party Materials. CPA Organizer, LLC accepts no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of Third-Party Materials, or Web sites linking to the Services. When you leave our Website, our terms and policies no longer govern, and when you use Third-Party Services their terms and policies apply. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Materials and third-Party Services, and you should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
In particular, CPA Organizer, LLC uses Finicity, Inc., (Finicity) for account aggregation and integration. Users of automated bank account feeds enabled by Finicity data gathering service from within the Service agree to the Finicity Term of Use and Minimum End User License Terms (attached hereto in Exhibit “A”). CPA Organizer, LLC has no obligations or liability to you in relation to the Finicity Service or for any other service that Finicity provides to you. If you have questions regarding Finicity Service, refer to Exhibit “B” attached hereto.
TRANSACTIONS WITH THIRD PARTIES
Your correspondence or business dealings with and/or participation in promotions of, advertisers or third parties found on or throughout the Website, including without limitation with respect to the payments, messaging, and delivery of related products and/or services and any and all other terms, conditions, warranties and/or representations associated with such dealings, are solely between you and such third parties and are not binding on us.
LINKS TO OUR WEBSITE
CHANGES TO WEBSITE
We may make improvements and/or changes in the information, services, products, and/or other materials on this Website, at any time, without notice.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that any material contained on the Website infringes your copyright or other intellectual property rights, you should notify CPA Organizer, LLC of your copyright infringement claim in accordance with the following procedure. CPA Organizer, LLC will process notices of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws.
Pursuant to the DMCA, all notifications of claimed copyright infringement on the Website should be sent to our Designated Agent: Shawn Khoja and can be reached at firstname.lastname@example.org.
Under the DMCA, the notification of claimed infringement must include the following:
- An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest.
- Identification of the copyrighted work (or works) that you claim has been infringed.
- A description of the material that you claim is infringing, and the location where the original or an authorized copy of the copyrighted work exists (for example, the URL of the page of the web site where it is lawfully posted; the name, edition and pages of a book from which an excerpt was copied, etc.).
- A clear description of where the infringing material is located on our Website, including as applicable, its URL, so that we may locate the material.
- Your name, address, telephone number, and e-mail address.
- A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
NOTE: THE DESIGNATED AGENT IS PROVIDED SOLELY FOR NOTIFYING US THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (e.g., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OF E-MAIL ABUSE, etc.) TO THE DESIGNATED AGENT AS YOU WILL NOT RECEIVE A RESPONSE. WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
We will, in appropriate circumstances, terminate repeat infringers. If you believe that an account holder or subscriber is a repeat infringer, please follow the instructions above to contact CPA Organizer, LLC and provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer.
- Governing Law. This Agreement shall be governed by the laws of the State of Texas, without regard to conflicts of law provisions. Any legal action or proceeding between CPA Organizer, LLC and you related to this Agreement will be brought exclusively in a federal or state court of competent jurisdiction sitting in the State of Texas, County of Dallas.
- Entire Agreement. This Agreement, along with any Supplemental Agreements, is the entire and exclusive agreement between the parties, and it supersedes all previous communications, representations or agreements, either oral or written, between them with respect to this subject matter. No representations or statements of any kind made by us, which are not included in this Agreement, shall be binding on us.
- Amendments. You may not modify or amend this Agreement in whole or in part without the prior written consent of one of our authorized representatives. We may replace or amend this Agreement from time to time by posting new Terms of Service to this Website. Please check the Terms of Service periodically for changes. Your subsequent use of the Website, or any content, products, services or materials provided through the Website, will be subject in all respects to the Terms of Service in force at the time of such subsequent use.
- Waiver. No waiver of any provision herein shall be valid unless in writing and signed by both our authorized representative and you. Our failure to insist upon or enforce strict performance of any provision of this Agreement or any right shall not be construed as a waiver of any such provision or right.
- Severability. If any provision of this Agreement is deemed to be illegal or unenforceable, the remainder of this Agreement shall be unaffected and shall continue to be fully valid, binding, and enforceable.
- Headings. The headings contained herein are for convenience only and shall have no legal or interpretive effect.
- Other. We may assign our rights and/or duties under this Agreement to any party at any time without notice to you.