Term of Use

1. OVERVIEW:

WELCOME TO BBT (Balance Book and Tax, LLC). WE PROVIDE CLOUD-BASED BOOKKEEPING AND CONSULTANCY SERVICES. OUR SERVICES DON’T SUBSTITUTE FOR THE PROFESSIONAL AND FINANCIAL ADVICE BY A LICENSED PERSON OR ENTITY. THESE TERMS OF USE (“TERMS”) ARE CAREFULLY BEFORE USING THIS WEBSITE OR SERVICES MADE AVAILABLE THROUGH THIS WEBSITE (AS DEFINED HEREINAFTER AS “SERVICES”). YOUR USE OF THE SERVICES IS GOVERNED BY THE TERMS WHICH CONSTITUTE A BINDING LEGAL AGREEMENT BETWEEN YOU AND BBT. YOU ACKNOWLEDGE THAT YOU HAVE BEEN GIVEN SUFFICIENT OPPORTUNITY TO READ THE TERMS AND CONSULT THE PERSON HAVING LEGAL EDUCATION. IF YOU USE OR CONTINUE TO USE THE SERVICES, YOUR ACT WILL CONSTITUTE A VALID ACCEPTANCE OF THE TERMS.

2. DEFINITIONS:

i. “Applicable laws” refer to the laws applicable to the business of BBT and/or User(s).

ii. “Indemnified Parties” include BBT, its owners, directors, employees, agents, service providers, assigns, or contractors who are to be indemnified by the User in certain situations.

iii. “Ordinary means of communications” include the contact information of the Subscriber and BBT exchanged between the Parties for the purpose of communications under this Subscription Agreement.

iv. “Platform” means a group of technologies that are employed as a base upon and through which the Services are provided, rendered, and performed to you.

v. “Services” refers to the use of the Website, User Account, technology, products, applications, tools, design, audio, video, text, images, Premium Services, Platform and software forming part of the Platform, techniques associated with the use of the Platform, bookkeeping services, consultancy, support, human resources owned by or licensed to BBT and made available to the Users and such other services incidental thereto.

vi. “Subscription Fee” has the same meaning as defined in the Subscription Agreement.

vii. “Support” refers to the customer services provided by BBT in connection with the Services.

viii. “User Information” refers to the data, information, statements, or Registration Information submitted by the User.

ix. “User Data” refers to the statements, documents, data, sheets, or other accounts submitted by the User in connection with the Services.

x. “Registration Information” includes the information provided by the User at the time of creating a User Account including name, email address, and contact details.

xi. “User Account” means the software-based user account created by the User for the use of the Services.

xii. “Third Party Provider(s)” refers to the licensor(s), partner(s), service provider(s), and software owner(s) or such other business entities whose services, programs, and software form part of the Services.

xiii. “User Agreement” includes Terms, Subscription Agreement, Privacy Policy, Membership Terms, other policies, manual or representation provided on this Website in connection with the Services.

xiv. “We”, “our”, “us” “BBT” and “its” refer to Balance Book and Tax, LLC as BBT’s owner(s), director(s), employee(s), contractor(s), licensor(s), partner(s), agent(s), service provider(s), affiliate(s) and assign(s).

xv. “You”, “your”, “Subscriber” or “User” refer to the users of this Website and our Services.

xvi. “Website” refers to www.balancebooktax.com

xvi. “User Content” refers to any content, image, statements, query or feedback submitted by the User to BBT.

3. ELIGIBILITY:

You can use the Services only if you have the following qualifications:

i. You are at least eighteen (18) years old;

ii. You are not insolvent.

iii. You are not convicted of an offense falling within the scope of a felony;

iv. You are not a resident of the country restricted or embargoed by the USA;

v. You have the knowledge of the potential harms to which you may expose as a result of the use of the Services and assume all risk of such harms; and

vi. You agree to comply with the Terms and the applicable laws.

4. USER ACCOUNT, CONTENT, AND SERVICES:

User Account. You must have a User Account with us for the use of the Services which you may create by providing us with the Registration Information. All Services or your online activities with reference to your use of the Services are tracked under or associated with your User Account.

In no case shall you allow any person to access and use your User Account. In addition, you shall not transfer, sell, lease or assign your User Account to any other person/entity. You acknowledge that you are solely responsible for the use of your User Account. You must take care of the security of your User Account login information. Any unauthorized access to your User Account may deprive you of your User Information or may expose you to any loss, expense, or liabilities. You acknowledge that BBT will not be responsible for your loss caused by such unauthorized access.

You understand that no online database is 100% safe and our Services are no exception. You agree to assume all risks associated with our Services. In no case shall we be liable for any loss, expense, or inconvenience caused by any act, omission, or event, not within our reasonable control.

You acknowledge that we may suspend, terminate or limit any User Account without any prior notification to you.

User Information and User Content. You agree that we may use your User Information and User Content in connection with the Services under the Terms. In no case shall we knowingly disclose any of your User Information to any person or entity external to our BBT unless with your express authorization to that effect.

Subject to anything provided to the contrary in the Term and applicable laws, you agree that by subscribing to the Services under the Subscription Services, or by submitting any User Information, no fiduciary, confidential, or any other relationship is created between you and BBT.

You grant us a worldwide, unlimited, perpetual, irrevocable, non-exclusive, sub-licensable, royalty-free, transferrable license to use, edit, reproduce, display, copy, transmit, print, or publish, your User Information and User Content solely in connection with the provision of the Services and in compliance with the applicable laws. The license granted hereunder shall survive the expiry or termination of the User Agreement.

Your User Information shall be treated in accordance with our Privacy Policy.

Unauthorized content and activities. “Prohibited Content” refers to any content that is or that includes:

i. Unlawful, obscene, objectionable, harassing, abusive, libelous, defamatory, offensive, threatening, or invasive to privacy, or that violates any rights of any person/entity;

ii. Virus, scripts, malicious programs, crawlers, spiders, or any program that is potentially harmful to the Services, the computer or devices of other Users or servers of any resource or service providers, or that otherwise slows down, interferes with, or interrupts the proper operation of our system;

iii. False, inaccurate, wrong, inaccurate, fraudulent, misleading, or deceitful, outrageous; and

iv. Unsolicited communications, spam, chain letters, or junk mail.

Unless you are using the Services in compliance with the User Agreement, you shall not obtain unauthorized access to the Services. In no case shall you interfere with the access, use, and enjoyment of the Service by other Users.

You must not use the Support in a manner not intended by us to be used by any User. You shall not post any Prohibited Content or engage in any activities detrimental to the interests of BBT, third-party service providers, and our Users.

SERVICES. The Services are classified into two kinds, freemium services and premium services. The freemium services are without any price and may be subject to certain terms and conditions that we may be changed from time to time.

Premium Services refers to the Services that are offered to you for a price and are governed by the Subscription Agreement. Please check the Pricing Page for our current premium services and offers. We may at any time amend the Pricing Page at our sole discretion. All premium services are governed by the Subscription Agreement.

6. INTELLECTUAL PROPRIETARY RIGHTS AND GRANT OF LICENSE:

Our Intellectual Property Rights. The Services are protected by copyrights, proprietary rights, patents, trademarks, service marks, and applicable laws. We grant you a worldwide, non-exclusive, limited, revocable, non-sublicensable, royalty-free, personal, non-transferable license to use the Services in the manner contemplated under the User Agreement or any other representation made available on this Website.

Unless otherwise expressly stated hereunder, you shall not sell, lease, transfer, copy, edit, reproduce, transmit, distribute, display, or prepare or make derivative work based on BBT Resources or our Services without our express written approval.

Third-Party Software, Content, and Services. These Services may use, include or associate content, resources, services, platform, website, program or software owned and controlled by the parties including, but not limited to, our third-party providers (“Third-Party Resources”) which may or may not be affiliated to or under the control of BBT, and BBT is, subject to the User Agreement, not liable for the Third-Party Resources, or any other content merely by reason that such Third Party Resource is available through the Website. All Third-Party Resources are governed by their respective third-party user agreement(s). If any conflict between this User Agreement and third party user agreement is surfaced, the third party user agreement shall prevail.

The presence of any Third Party Resources does not mean that BBT endorses the legal implication to that effect or owns any liability therefore. Your use of the Third-Party Resources is a matter between you and the owner(s) or controller(s) of respective Third-Party Resources. You acknowledge that BBT will not be responsible for any damage, expense, cost, or loss arising from your use of Third-Party Resources. We strongly recommend you review the third-party user agreement before proceeding to use the Third-Party Resources.

7. WARRANTIES AND DISCLAIMER

UNLESS OTHERWISE STATED IN ANY PROVISIONS OF THE APPLICABLE LAWS AND THE USER AGREEMENT, OUR SERVCIES ARE MADE AVAILABLE TO YOU ON “AS IS” AND “AS AVAILABLE” BASIS, AND WITH NO WARRANTIES, PROMISES, REPRESENTATIONS, IMPLIED OR EXPRESS, AS TO THE QUALITY, MERCHANTABILITY, RELIABILITY, UTILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.

UNLESS OTHERWISE STATED IN ANY PROVISIONS OF THE APPLICABLE LAWS AND THE USER AGREEMENT, BBT DOESN’T WARRANT OR REPRESENT THAT THE SERVICES ARE WITHOUT INTERRUPTION OR FREE FROM OMISSION, ERROR, DEFECTS, MISTAKES, INACCURACIES, VIRUS, HARMFUL OR MALICIOUS PROGRAMS.

WE USE OUR BEST EFFORTS IN PROVISION OF THE SERVICES, BUT DUE TO TECHNOLOGY LIMITATIONS, WE DON’T WARRANT THAT OUR SERVICES CONSTITUTE PROFESSIONAL AND FINANCIAL ADVICE OR SUBSTITUTE FOR ANY ADVICE PROVIDED BY LICENSED PROFESSIONALS.

NO REPRESENTATION, INFORMATION, OR CONTENT ON THIS WEBSITE AIMS TO CREATE A PROFESSIONAL-CLIENT, EMPLOYER-EMPLOYEE, OR FIDUCIARY RELATIONSHIP. YOU ARE RECOMMENDED TO ACT UPON ANY CONTENT OR REPRESENTATION AFTER SEEKING PROFESSIONAL ADVICE.

8. INDEMNIFICATION:

YOU AGREE TO INDEMNIFY AND HOLD BBT AND ITS OWNERS, EMPLOYEES, OFFICERS, CONTRACTORS, SERVICE PROVIDERS, ADVISERS, AGENTS, AND ASSIGNS (“INDEMNIFIED PARTIES”) FROM ALL OR ANY LOSSES, EXPENSES, COSTS (INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL FEE OF ATTORNEY), DAMAGES, CLAIMS, DEMANDS, OBLIGATIONS, OR LIABILITIES BASED ON (a) YOUR INFRINGEMENT OF ANY RIGHTS OF ANY THIRD PARTY OR OUR SERVICE PROVIDER(S), (b) ANY DISPUTE BETWEEN YOU AND ANY THIRD PARTY, (c) YOUR USE OF THE SERVICES, (d) BBT RESOURCES, (e) YOUR BREACH OF THE USER AGREEMENT OR ANY THIRD PARTY USER AGREEMENT OR (f) ANY PROHIBITED CONTENT POSTED BY YOU.

You shall not upload, transmit, distribute, post or share any Prohibited Content. You shall be liable for all losses, damages, and consequential losses arising from Prohibited Content or any activities prohibited under the User Agreement.

9. LIMITATION OF LIABILITY

Except otherwise specifically provided in this User Agreement and to the fullest extent permitted by the applicable law, BBT owns no liability for any losses or damages, whether direct, indirect, incidental, special or consequential in nature, arising out of your use or inability to use the Services, changes in the Services or interruption in the operation of the Services, failure to meet your expectations or errors, omissions, mistakes, defects, harmful programs or any security breach of your User Information or any Prohibited Content posted or prohibited activities executed by other Users.

Unless where following provisions are not legally permitted, the Indemnified Parties shall not be liable for any indirect, incidental, exemplary, consequential, special, or punitive damages, including, but not limited to, any lost profits or future business opportunity arising from your use of the Services, even if we, the Indemnified Parties, have been advised that such damage may occur. In no event, our maximum aggregate liability arising from your use of the Services shall exceed the Subscription Fee you actually may have paid during the preceding twelve (12) months, and if you are using our freemium services, then we shall have no liability to you.

You acknowledge that you are solely responsible for: (a) Your User Content, (b) Your User Information, and (c) Your activities with reference to your User Account.

10. USER PRIVACY:

We give due importance to your privacy. We use all means of industry standards to protect your User Information. All such User Information is collected, stored, maintained, and used in accordance with our Privacy Policy which forms part of the User Agreement. You may find our Privacy Policy at: (please insert URL)

11. AMENDMENTS AND MODIFICATIONS:

BBT may amend and modify any provision of the Terms at any time without any prior notification. Your continued use of the Services subsequent to such amendments or modifications shall be governed by the amended or modified Terms.

12. WARRANTIES & REPRESENTATIONS

You represent and warrant that:

(a) Your User Information is accurate and current, and contains no misleading facts;

(b) You are using the Services in compliance with any applicable laws and the User Agreement;

(d) You understand that BBT doesn’t provide the services substitute for the professional financial or business advice provided by a licensed provider.

13. COMPLIANCE WITH THE APPLICABLE LAWS:

Being a professional service provider, BBT provides you with the Services under the applicable laws of the USA. Your use of the Services is conditional to your observance of the applicable laws and the User Agreement. If you are not subject to the USA laws, you must comply with the applicable laws of your local jurisdiction. If you violate any provisions of this section, we may, depending on the severity of the violation, suspend or terminate your User Account in addition to reporting the matter to the concerned authorities and availing any legal remedy.

14. GOVERNING LAWS AND DISPUTE RESOLUTION:

The Terms are governed by the applicable laws of the State of Florida, USA. In case of any dispute, not being an offense, arising from these Terms, the dispute shall be first resolved through negotiations made in good faith between the authorized representatives of the Parties. If the negotiations fail to resolve the dispute to the Parties’ mutual satisfaction within sixty (60) calendar days commencing from the date on which the dispute is notified to the other party in writing, or such additional time mutually agreed upon, such dispute shall be referred to the arbitration appointed by the American Arbitration Association (AAA). The venue of the arbitration shall be the city of Pompano Beach, Florida. The arbitration shall be binding and administered by a single arbitrator in the English language in accordance with the Rules of the AAA. The award of the arbitrator may include compensatory damages. The arbitrator shall not award punitive or multiple damages against the other Party.

Unless otherwise provided in the user agreement of the third-party service provider(s), each Party agrees that the arbitration proceeding shall be pursued on an individual basis and that:

i. No proceeding under this provision shall proceed as a class action;

ii. No proceeding under these provisions shall be consolidated with any other arbitration proceeding.

Where the dispute is based on the third-party user agreement, the provisions relating to the governing laws and the dispute resolutions method specified by such third-party user agreement shall prevail over this section.

15. FORCE MAJEURE:

We will not be liable to you for any non-performance or delay of our contractual obligations by reason of events beyond our reasonable control including, without limitation, war, an act of terrorism, riot, fire, strikes, flood, dispute, compliance with any law or judicial order.

16. MISCELLANEOUS:

We use headings, subheadings, and numbers in the content of the Terms for the convenience of the reader and reference. Such headings, subheadings and numbers don’t explain, interpret or add meaning to the provisions of the Term.

These Terms, along with the Privacy Policy, Member Terms, and Subscription Agreement, constitute an entire agreement with you and supersede all prior oral representations, agreements, warranties, and understanding.

If a provision of these Terms is found to be invalid, void, illegal, unenforceable, void or meaningless, the same shall be considered to be never part of the Terms and the remainder shall be effective without any legal implications.

If any provision of the Terms is intended to survive any termination thereof, the same shall survive accordingly.

17. CONTACT:

In case of any communication in connection with the Terms, please contact us through the following email address. info@balancebooktax.com

Last Updated: 3/31/22

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