Terms of Service

Terms of Service

THESE TERMS OF SERVICE IMPOSE LEGAL OBLIGATIONS UPON YOU.  IT IS IMPORTANT THAT YOU READ THEM CAREFULLY.

The Let’s Learn Bookkeeping web site (the "Web Site") is located at http://www.LetsLearnBookkeeping.com, and is owned by Let’s Learn Bookkeeping, Inc. (“Let’s Learn Bookkeeping”).  The Web Site and the information, services, and content distributed through or in conjunction with the Web Site (the “Services”) are offered solely based on your acceptance of these Terms of Use, the Let’s Learn Bookkeeping Privacy Policy (“Privacy Policy”), and any other notices or amendments posted through the Services.

By accessing and using the Services, or any of the information and/or content presented in the Services, you acknowledge that you have read and agree to be bound by these Terms of Use, the Privacy Policy, and other notices posted through the Services. You further warrant and covenant that you have the power and authority to enter into this agreement. If you do not agree with the foregoing, you may not access or use the Services.

Let’s Learn Bookkeeping shall have the right, at its sole discretion, to modify, add, or remove any terms or conditions of these Terms of Use at any time ("Changes"). You will be notified of any Changes through a posting on the Services, or via e-mail. Any Changes shall be effective thirty (30) days following the posting of such Changes (the "New Effective Date"). The most recent version of these Terms of Use may always be found at http://www.Let’s Learn Bookkeeping.com/legal/terms. It is your responsibility to review these Terms of Use from time to time and you agree that any subsequent use by you of the Services following the New Effective Date will constitute your acceptance of all such Changes. If you do not agree to any or all of the Changes, you must stop using the Services immediately and notify Let’s Learn Bookkeeping via e-mail at: legal@Let’s Learn Bookkeeping.com. These Terms of Use were last modified on February 17, 2009.

Purpose of the Services

The Services are made available by Let’s Learn Bookkeeping. The information and/or content ("Content") available in or on, or accessed or downloaded through or from, the Services are made available solely as a convenience to you for general informational purposes only and are not intended to provide specific commercial, financial, investment, accounting, tax, or legal advice. The Services and Content are provided to you solely for your own personal, non-commercial use and not for purposes of resale, distribution, public display or performance, or any other uses by you in any form or manner whatsoever.

Limited License & Permitted Uses

You are granted a non-transferable, non-exclusive, revocable license to:

a. access and use the Services strictly in accordance with these Terms of Use;

b. use the Services solely for internal, personal, non-commercial purposes, and;

c. display, download, archive or print a single copy of any discrete Content solely for internal, personal, non-commercial purposes, provided that, in doing so, you do not further distribute, sell, or modify the Content in any way, that you maintain all copyright and other notices contained therein, and that you comply with the terms and conditions stated in the portion of these Terms of Use captioned “User Obligations” (the "Permitted Uses").

Except for the Permitted Uses, nothing in these Terms of Use grants, or should be construed to grant, any licenses or rights, by implication, estoppel or otherwise, under copyright or other intellectual property rights. You agree that all right, title and interest (including all copyrights, trademarks, service marks, patents and other intellectual property rights) in the Services, and their Information and Content belong to Let’s Learn Bookkeeping and/or its licensors, as applicable.

User Obligations

Your license to access and use the Services is subject to the following restrictions and prohibitions on use. You agree that you shall not:

a. upload, post, transmit, share or otherwise make available through, or to, the Services any content that:

i. is unlawful, abusive, threatening, harmful, obscene, lewd, offensive, defamatory, or otherwise objectionable;

ii. might infringe the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others;

iii. might violate any local, federal, or international law, or any rules of any securities exchange, either intentionally or unintentionally, or;

iv. contains any viruses, trojan horses, time bombs, malware or any other harmful or disruptive computer code, file, or program designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;

b. reproduce, copy, modify, distribute, market, display, transfer, sublicense, prepare derivative works or adaptations based on, sell, exchange, barter, transfer, or otherwise make available in any form or by any means, except for the express Permitted Uses, all or any portion of the Services or the Content;

c. disrupt, disable, place unreasonable burdens or excessive loads on, interfere with, or attempt to gain unauthorized access to any portion of the Services, or their computer systems;

d. provide false information about yourself to Let’s Learn Bookkeeping, impersonate any other person, or otherwise attempt to mislead others about your identity, your affiliation with any person or entity, or the origin of any content, message, or other communication;

e. upload, post, transmit, share, or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation, bulk e-mail, or duplicative messages;

f. use any automatic or manual process to collect, harvest, gather, or extract information about other visitors to or users of the Services, or otherwise systematically extract data or data fields, including without limitation any personal information or e-mail addresses;

g. use the Services for the purpose of gathering information for, or transmitting, unsolicited bulk commercial e-mail over the Internet to other users of the Services or to other third parties,

h. provide access to or use of any portion of the Services through any timesharing system, service bureau, the Internet, or any other technology now existing or developed in the future, except as specifically permitted in writing by Let’s Learn Bookkeeping;

i. redistribute any Content in any manner whatsoever, including without limitation by means of printed publication, fax broadcast, web pages, e-mail, web newsgroups or forums, or any other electronic or paper-based service or method, to any person, organization, corporation or other entity, including within your own organization or externally, except for the Permitted Uses;

j. use any information for any purpose competitive with the business of Let’s Learn Bookkeeping;

k. present, archive, cache, frame, scrape, or mirror any Content on another web site, except with the prior express written permission of Let’s Learn Bookkeeping;

l. remove, obscure, or alter any notice of Let’s Learn Bookkeeping’s intellectual property rights, including but not limited to copyright, trademark, and/or patent notices,

m. copy, disassemble, decompile, translate, reverse engineer or otherwise reduce the Services’ software or use any network monitoring or discovery software to determine the network and/or computer architecture, except as permitted by applicable law.

The foregoing prohibitions expressly include, but are not limited to, the practice of "screen scraping", or any other practice or activity the purpose of which is to obtain lists of data, portions of a database, or other lists or information from the Services, in any manner or in any quantities not authorized in writing by Let’s Learn Bookkeeping.

Remedies for Violations

Let’s Learn Bookkeeping reserves the right to seek all remedies available at law and in equity for violations, or for suspected violations, of these Terms of Use, including but not limited to the right to block access from an IP address to the Services.

DISCLAIMER

THE SERVICES AND ALL CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. LET’S LEARN BOOKKEEPING, ITS AFFILIATES, AGENTS AND/OR SUPPLIERS, OFFICERS, DIRECTORS, AND EMPLOYEES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. LET’S LEARN BOOKKEEPING DISCLAIMS ALL RESPONSIBILITY FOR, BUT NOT LIMITED TO, ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF, OR ANY WAY RELATED TO:

a. ANY ERRORS IN OR OMISSIONS FROM THE SERVICES OR THE CONTENT, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS;

b. ANY THIRD PARTY WEB SITES OR THIRD PARTY APPLICATIONS’ SOFTWARE AND CONTENT, DIRECTLY OR INDIRECTLY, ACCESSED THROUGH HYPERTEXT LINKS IN THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM;

c. THE UNAVAILABILITY OF THE SERVICES, CONTENT, OR ANY PORTION THEREOF;

d. YOUR USE OF THE SERVICES;

e. YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SERVICES.

ALL WARRANTIES, TERMS AND CONDITIONS, EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE, ARE EXCLUDED TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS. LET’S LEARN BOOKKEEPINGDOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT, OR MATERIALS IN THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, TIMELY, CURRENT, ERROR-FREE, OR OTHERWISE RELIABLE, OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SOFTWARE, CONTENT, OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. AS A VISITOR TO THE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT ANY RELIANCE ON OR USE BY YOU OF ANY CONTENT SHALL BE ENTIRELY AT YOUR OWN RISK.

YOU FURTHER ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL LET’S LEARN BOOKKEEPING BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE SERVICES. LET’S LEARN BOOKKEEPING SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LEGAL FEES AND COURT COSTS) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH:

a. THE USE OF OR INABILITY TO USE THE SERVICES OR THE CONTENT, OR

b. ANY OTHER MATTER RELATING TO THE SERVICES AND/OR THE CONTENT, REGARDLESS OF WHETHER ANY OF THE FOREGOING IS DETERMINED TO CONSTITUTE A FUNDAMENTAL BREACH OR FAILURE OF ESSENTIAL PURPOSE.

TO THE EXTENT THIS LIMITATION ON LIABILITY IS PROHIBITED, LET’S LEARN BOOKKEEPING SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO $1.00.

Service Modifications

You acknowledge and agree that Let’s Learn Bookkeeping reserves the right, in its sole discretion and at any time, to modify, change, add to, terminate, or discontinue (with respect to an individual user or all users) the Services and/or the Content, with or without notice to you, and that Let’s Learn Bookkeeping will not be responsible or liable, directly or indirectly, to you or any other person in any way for any loss or damage of any kind incurred as a result of, or in connection with, any such modification or discontinuance.

Privacy and Personal Information

Your use of the Services may require you to provide information about yourself. You acknowledge that you have read and agree to all of the terms and conditions of the Let’s Learn Bookkeeping Privacy Policy, which is located at: http://www.Let’s Learn Bookkeeping.com/privacy, and incorporated by this reference into these Terms of Use.

Confidentiality and Transmissions over the Internet

The transmission of data or information (including communications by e-mail) over the Internet or other publicly accessible networks is not secure, and is subject to possible loss, interception, or alteration while in transit. Accordingly, Let’s Learn Bookkeeping does not assume any liability for any damage you may experience or costs you may incur as a result of any transmissions over the Internet or other publicly accessible networks, including without limitation transmissions involving the exchange of e-mail with Let’s Learn Bookkeeping containing your personal information. While Let’s Learn Bookkeeping shall take commercially reasonable efforts to safeguard the privacy of the information you provide to Let’s Learn Bookkeeping and shall treat such information in accordance with the Privacy Policy, in no event will the information you provide to Let’s Learn Bookkeeping be deemed to be confidential, create any fiduciary obligations to you on the part of Let’s Learn Bookkeeping, or result in any liability of Let’s Learn Bookkeeping to you if such information is inadvertently released by Let’s Learn Bookkeeping or accessed by third parties without the consent of Let’s Learn Bookkeeping.

Indemnification by User

You agree to indemnify, defend, and hold Let’s Learn Bookkeeping and its affiliates, partners, officers, directors, employees and agents harmless from any loss, liability, claim, action, suit, demand, damage, or expense (including reasonable legal fees, costs of investigation and court costs) asserted by any third party relating to or in connection with your use of the Services, any third party applications, software, or content you post or share on or through the Services, or any breach of these Terms of Use. Let’s Learn Bookkeeping reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations.

Third Party Web Sites, Content and Products and Services

You acknowledge and agree that your correspondence and business dealings with any third parties, including any merchants or advertisers, found on or accessed through the Services, including payment for and delivery of any related goods and services, and all other terms, conditions, representations, and warranties related to such dealings, are solely as between you and such third parties. You understand and acknowledge that some of the services accessible through the Services are provided by third parties and may make use of the LET’S LEARN BOOKKEEPING name, logo and/or other identifying marks. YOU ACKNOWLEDGE THAT IN SUCH DEALINGS WITH THIRD PARTIES, LET’S LEARN BOOKKEEPING IS NOT THE SELLER OR PROVIDER AND YOUR AGREEMENT OF PURCHASE OR FOR SERVICES WITH SUCH THIRD PARTY IS SOLELY BETWEEN YOU AND THE THIRD PARTY, AND NOT LET’S LEARN BOOKKEEPING. LET’S LEARN BOOKKEEPING ASSUMES NO RESPONSIBILITY WHATSOEVER FOR ANY CHARGES, LOSSES OR LIABILITIES YOU, OR ANY USER OF YOUR ACCOUNT, INCURS WHEN MAKING PURCHASES, DEALING WITH OR COMPLETING TRANSACTIONS WITH SUCH THIRD PARTIES. By accessing third party services through the Services, you hereby authorize such third party service providers to provide LET’S LEARN BOOKKEEPING with personal information regarding your use of and your activities with respect to the purchase and use of third party services and/or goods.

Hypertext links or pointers to third party web sites and references to products and services offered by third parties are provided to you for convenience only and do not constitute an endorsement or approval by Let’s Learn Bookkeeping of:

a. the organizations that operate such web sites;

b. the information, content, privacy policies or other terms of use on such web sites, or;

c. such third party products and services.

As Let’s Learn Bookkeeping has no control or responsibility over, and does not investigate, monitor, or check for accuracy third party web sites or information and/or content maintained by other organizations, or for products and services offered by third parties, And Let’s Learn Bookkeeping does not assume any liability for your use of any of the foregoing. If you decide to exit the Services and access third party web sites, you acknowledge and agree that you do so at your own risk and you should be aware that these Terms of Use no longer govern.

Unlawful Activity

Let’s Learn Bookkeeping reserves the right to investigate complaints or reported violations of these Terms of Use and to take any action Let’s Learn Bookkeeping deems appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties, and disclosing any information necessary or appropriate to such persons or entities relating to your profiles, e-mail addresses, usage history, posted materials, IP addresses, and traffic information.

General

These Terms of Use incorporate by reference all notices and disclaimers contained in the Services, including but not limited to the Privacy Policy and, except for any agreements with Let’s Learn Bookkeeping that expressly reference these Terms of Use, constitute the entire agreement between you and Let’s Learn Bookkeeping with respect to access to, and use of, the Services. Except as specifically set forth herein, these Terms of Use supersede any prior agreements, including prior oral and/or written statements or representations not contained herein, between you and LET’S LEARN BOOKKEEPING relating to the Services. This agreement is not intended to create a partnership, joint venture or agency relationship between you and LET’S LEARN BOOKKEEPING.

If any provision of these Terms of Use is invalid, illegal or unenforceable in any respect under any applicable statute or rule of law, the provision shall be deemed omitted to the extent that it is invalid, illegal or unenforceable. In such a case, the remaining provisions of these Terms of Use shall be construed in a manner as to give greatest effect to the original intention of the parties hereto. The failure of Let’s Learn Bookkeeping to insist upon, or enforce, strict performance of any right or provision of these Terms of Use shall not constitute or be deemed to be a waiver of such right or provision in the future or a waiver of any other right or provision under these Terms of Use.

These Terms of Use shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict of laws principles thereof. All rights and remedies, whether conferred by this agreement, by any other instrument or by law, shall be cumulative, and may be exercised by Let’s Learn Bookkeeping individually or concurrently. You irrevocably adjourn to the exclusive jurisdiction of the courts of the State of California, County of Los Angeles.

Force Majeure

The performance of Let’s Learn Bookkeeping under these Terms of Use shall be excused in the event of interruption and/or delay due to, or resulting from, causes beyond its reasonable control, including but not limited to acts of God, acts of any government, war or other hostility, civil disorder, the elements, fire, flood, earthquake, explosion, embargo, acts of terrorism, power failure, equipment failure, industrial or labor disputes or controversies, acts of any third party data providers or other third party information providers, third party software, or communication method interruptions.

Contact

If you have any questions or concerns about the Services or these Terms of Use, legal@letslearnbookkeeping.com

 

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