BUNDLE TRACK US TERMS OF SERVICE QUICKBOOKS ONLINE SERVICE
Thank you for selecting the Services offered by Bundle Track US, LLC and/or its subsidiaries and affiliates (referred to as "BTUS", "we", "our", or "us"). Review these Terms of Service ("Agreement") thoroughly. This Agreement is a legal agreement between you and BTUS. By clicking “I Agree,” indicating acceptance electronically, or by, installing, accessing or using the Services, you agree to this Agreement. If you do not agree to this Agreement, then you may not use the Services.
This Agreement describes the terms governing your use of BTUS. It includes by reference:
Additional terms and conditions, which may include those from third parties.
Any terms provided separately to you for the Services, including product or program terms, ordering, activation, payment terms, data processing agreements, etc.
You must be at least 18 years of age to use our Services. By accessing or using our Services you agree that:
You can form a binding contract with BTUS;
You are not a person who is prohibited from receiving the Services under the laws of the United States or any other applicable jurisdiction; and
You will comply with this Agreement and all applicable local, state, national, and international laws, rules, and regulations, including import and export regulations.
2. YOUR RIGHTS TO USE THE SERVICES
2.1 The Services are protected by copyright, trade secret, and other intellectual property laws. You are only granted the right to use the BTUS and only for the purposes described by BTUS. BTUS reserves all other rights. Until termination of this Agreement and as long as you meet any applicable payment obligations and comply with this Agreement, BTUS grants to you a personal, limited, nonexclusive, nontransferable right and license to use BTUS. BTUS retains ownership of any and all rights in or to the intellectual property contained in or embodied by the Services that it provides to Client.
2.2 You agree not to use, nor permit any third party to use, the Services in a manner that violates any applicable law, regulation or this Agreement. You agree you will not:
Provide access to or give any part of the Services to any third party.
Reproduce, modify, copy, sell, trade, lease, rent or resell the Services.
Decompile, disassemble, reverse engineer or attempt to discover the source code of any applicable part of the Services or supply any part of the Services to any person or third-party for such purpose.
Transfer, exchange or distribute any part of the Services to any third-party without the express written authorization of BTUS.
Make the Services available on any file-sharing or application hosting service.
Use the Services in any manner that infringes upon copyright, trademark or any other rights of BTUS.
3. SUBSCRIPTIONS AND USERS
BTUS is licensed on a monthly or yearly subscription basis, as selected by you or your agent as the user.
4. TRIAL VERSION AND BETA FEATURES
If you registered for a trial use of BTUS ("Trial Period"), you must decide to purchase a license to BTUS, at the current rate, within the Trial Period in order to retain any Content that you have entered through BTUS, created within the data file, posted or uploaded during the Trial Period. If you do not purchase a license to BTUS by the end of the Trial Period, your Content will no longer be available to you. To be very clear, after using BTUS during the Trial Period, if you decide not to purchase the license to the full version of BTUS, you will not be able to access or retrieve any of the data you added or created with BTUS during the Trial Period.
From time to time, BTUS may, at its sole discretion, include new and/or updated beta features (“Beta Features”) in BTUS for your use and which permit you to provide feedback (fees may apply). You understand and agree that your use of the Beta Features is voluntary and BTUS is not obligated to provide you with any Beta Features. You understand that once you use the Beta Features, you may be unable to revert back to the earlier non-beta version of the same or similar feature. Additionally, if such reversion is possible, you may not be able to return or restore data created within the Beta Feature back to the earlier non-beta version. The Beta Features are provided on an “as is” basis and may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information from any connected device. You acknowledge and agree that all use of the Beta Features is at your sole risk.
For Services offered on a payment or subscription basis, the following terms apply, unless BTUS or its third-party affiliate notifies you otherwise in writing. This Agreement also incorporates by reference and includes program ordering and payment terms provided to you on the website for the Services:
Payments will be billed to you in U.S. dollars, or other currencies which may be made available (plus any and all applicable taxes), as shown in the product ordering and subscription terms, and your account will be debited when you subscribe and provide your payment information, unless stated otherwise in the program ordering or payment terms on the website for the Services.
You must pay with one of the following:
A valid credit card acceptable to BTUS;
A valid debit card acceptable to BTUS;
Sufficient funds in a checking or savings account to cover an electronic debit of the payment due; or
By another payment option BTUS provides to you in writing.
If your payment and registration information is not accurate, current, and complete and you do not notify us promptly when such information changes, we may suspend or terminate your account and refuse any use of the Services.
If you do not notify us of updates to your payment method (e.g., credit card expiration date), to avoid interruption of the Services, we may participate in programs supported by your card provider (e.g., updater services, recurring billing programs, etc.) to try to update your payment information, and you authorize us to continue billing your account with the updated information that we obtain.
BTUS will automatically renew your monthly, quarterly, or annual Services at the then-current rates, unless the Services subscription is cancelled or terminated under this Agreement.
Additional cancellation or renewal terms may be provided to you on the website for the Services.
6. PERMITTED DISCLOSURES AND USE OF DATA.
You acknowledge and agree that in order to provide you with access to and use of BTUS, BTUS may provide your access information and account data to (i) your employee or agent who is identified in the registration data as the current Firm Administrator for your account (the “Firm Administrator”), and (ii) such other employee or agent who may be designated by you as a replacement or additional Firm Administrator for the your account by following the procedures required by BTUS to effectuate such replacement and/or addition. Any other person you identified as an authorized user of BTUS will have access to the account data subject to the access permissions you or the Firm Administrator assigned to them.
7. USE WITH YOUR MOBILE DEVICE
Use of these Services may be available through a compatible mobile device, Internet access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider.
BTUS MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO:
THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION;
ANY LOSS, DAMAGE OR SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND
ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.
8. DATA PROCESSING AND PRIVACY
Data Processing and Privacy. BTUS is the controller of the personal information it processes about you when you use the Services.
9. CONTENT AND USE OF THE SERVICES
9.1 Responsibility for Content and Use of the Services.
Content includes any data, information, materials, text, graphics, images, music, software, audio, video, works of authorship of any kind, that are uploaded, transmitted, posted, generated, stored or otherwise made available through the Services ("Content"), which will include without limitation any Content that account holders (including you) provide through your use of the Services. By making your Content available through your use of the Services, you grant BTUS a worldwide, royalty-free, non-exclusive license to host and use your Content. Archive your Content frequently. You are responsible for any lost or unrecoverable Content. You must provide all required and appropriate warnings, information and disclosures. BTUS is not responsible for any of your Content that you submit through the Services.
You agree not to use, nor permit any third party to use, the Services to upload, post, distribute, link to, publish, reproduce, engage in, promote or transmit any of the following:
Illegal, fraudulent, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that is excessively violent, incites or threatens violence, encourages "flaming" others or criminal or civil liability under any local, state, federal or foreign law;
Content that would impersonate someone else or falsely represent your identity or qualifications, or that may constitute a breach of any individual’s privacy; is illegally unfair or deceptive, or creates a safety or health risk to an individual or the public;
Except as permitted by BTUS in writing, investment opportunities, solicitations, chain letters, pyramid schemes, other unsolicited commercial communication or spamming or flooding;
Virus, Trojan horse, worm or other disruptive or harmful software or data; and
Any Content that you do not own or have the right to use without permission from the intellectual property rights owners thereof.
9.2 Restricted Use of the Services. You shall not, and shall not permit any users of the Services or any other party to, engage in, solicit, or promote any activity that is objectionable or may be illegal, violates the rights of others, is likely to cause notoriety, harm or damage to the reputation of BTUS or could subject BTUS to liability to third parties, including: (i) unauthorized access, monitoring, interference with, or use of the Services or third party accounts, data, computers, systems or networks; (ii) interference with others’ use of the Services or any system or network, including mail bombing, broadcast or denial of service attacks; (iii) unauthorized collection or use of personal or confidential information, including phishing, pharming, spidering, and harvesting; (iv) viewing or other use of any Content that, in BTUS’ opinion, is prohibited under this Agreement; (v) any other activity that places BTUS in the position of fostering, or having potential or actual liability for, illegal activity in any jurisdiction; or (vi) attempting to probe, scan, penetrate or test the vulnerability of a BTUS system or network or to breach BTUS’ security or authentication measures, whether by passive or intrusive techniques. BTUS reserves the right to not authorize and may terminate your use of the Services based on reasonable suspicion of your activities, business, products or services that are objectionable or promote, support or engage in any of the restricted uses described above.
9.3 Community forums. The Services may include a community forum or other social features to exchange Content and information with other users of the Services and the public. BTUS does not support and is not responsible for the Content in these community forums. Please use respect when you interact with other users. Do not reveal information that you do not want to make public. Users may post hypertext links to content of third parties for which BTUS is not responsible.
9.4 BTUS may freely use feedback you provide. You agree that BTUS may use your feedback, suggestions, or ideas in any way, including in future modifications of the Services, other products or services, advertising or marketing materials. You grant BTUS a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to BTUS in any way.
9.5 BTUS may monitor Content. BTUS may, but has no obligation to, monitor access to or use of the Services or Content or to review or edit any Content for the purpose of operating the Services, to ensure compliance with this Agreement, and to comply with applicable law or other legal requirements. We may disclose any information necessary to satisfy our legal obligations, protect BTUS or its customers, or operate the Services properly. BTUS, in its sole discretion, may refuse to post, remove, or refuse to remove, or disable any Content, in whole or in part, that is alleged to be, or that we consider to be unacceptable, undesirable, inappropriate, or in violation of this Agreement.
9.6 Public Content. As a User you may have the opportunity to share your data, content, or ways in which you aggregate data (“ Account Content ”) with other Users, other BTUS customers, and other third-parties. When sharing any Account Content, you agree not to share any confidential information. If you have the option of accessing another User’s Account Content, you understand and agree that the Account Content is being provided by the User, and not BTUS, for information and guidance purposes only, and BTUS and such User are not responsible in any way for your use the Account Content.
10. ADDITIONAL TERMS
10.1 BTUS does not give professional advice. Unless specifically included with the Services, BTUS is not in the business of providing legal, financial, accounting, tax, health care, real estate or other professional services or advice. Consult the services of a competent professional when you need this type of assistance.
10.2 We may tell you about other BTUS Services. You may be offered other services, products, or promotions by BTUS. Additional terms and conditions and fees may apply. With some BTUS Services you may upload or enter data from your account(s) such as names, addresses and phone numbers, purchases, etc., to the Internet.
10.3 Communications. BTUS may be required by law to send you communications about the Services or third-party products. You agree that BTUS may send these communications to you via email or by posting them on our websites
10.4 You will manage your passwords and accept updates. You are responsible for securely managing your password(s) for the Services and to contact BTUS if you become aware of any unauthorized access to your account. The Services may periodically be updated with tools, utilities, improvements, third-party applications, or general updates to improve the Services. You agree to receive these updates.
10.5 Telephone numbers. You may provide us with your telephone number as part of your customer record or registration or via other methods. You understand and agree that BTUS may use your telephone number for "multi-factor authentication” (“MFA"), to confirm your identity and help protect the security of your account. Part of the MFA identity verification process may involve BTUS sending text messages containing security codes to your telephone number. You agree to receive these texts from BTUS containing security codes as part of the MFA process. In addition, you agree that BTUS may send automated text messages and pre-recorded voice messages to the telephone number you provide for other limited purposes, including: providing you with important critical notices regarding your use of BTUS, or fulfilling a request made by you. Additionally, BTUS may use your telephone number to contact you about special offers or other BTUS or third-party products or services unless you opt out of such marketing. With MFA, you also agree and consent to us obtaining and using information from your mobile phone service provider, solely for the purposes of verifying your identity and to compare information you have provided to BTUS (such information may include from your mobile phone service provider account record: your name, address, email, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) and other mobile phone subscriber details).
11. BTUS USE, STORAGE AND ACCESS.
BTUS shall have the right, in its sole discretion and with reasonable notice posted on the BTUS site and/or sent to you at the Firm Administrator’s email address provided in the Registration Data, to revise, update, or otherwise modify BTUS and establish or change limits concerning use of BTUS, temporarily or permanently, including but not limited to (i) the amount of storage space you have on BTUS at any time, and (ii) the number of times (and the maximum duration for which) you may access BTUS in a given period of time. BTUS reserves the right to make any such changes effective immediately to maintain the security of the system or User Access Information or to comply with any laws or regulations, and to provide you with electronic or written notice within thirty (30) days after such change. You may reject changes by discontinuing use of BTUS to which such changes relate. Your continued use of BTUS will constitute your acceptance of and agreement to such changes. BTUS may, from time to time, perform maintenance upon BTUS resulting in interrupted service, delays or errors in BTUS. BTUS will attempt to provide prior notice of scheduled maintenance but cannot guarantee that such notice will be provided.
12. THIRD PARTY PRODUCTS AND SERVICES.
BTUS may tell you about third-party products or services. BTUS may offer products and services on behalf of third-parties who are not affiliated with BTUS (“Third-Party Products”) and/or provide access or links to third party websites ("Third- Party Sites"). If you decide to use any Third-Party Products or access any Third-Party Sites, you are solely responsible for your selection, review of separate product terms, website terms and privacy policies. BTUS is not affiliated with these Third-Party Products or Third-Party Sites and does not endorse or recommend Third-Party Products even if such products are marketed or distributed via our products, website or associated with BTUS in any way. You agree that the third-parties, and not BTUS, are solely responsible for the Third-Party Product’s performance (including technical support), the content on their websites and their use or disclosure of your data. BTUS will not be liable for any damages, claims or liabilities arising from the third-parties, Third-Party Products or Third-Party Sites.
You agree that you will (i) comply with all applicable laws, regulation and ordinances; (ii) not use the Third-Party Products in any manner that would infringe or violate the rights of BTUS or any other party; and (iii) not use the Third-Party Products in any way in furtherance of criminal, fraudulent or other unlawful activity.
13. DISCLAIMER OF WARRANTIES
13.1 YOUR USE OF THE SERVICES, SOFTWARE, AND CONTENT IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS DESCRIBED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BTUS, ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY, "SUPPLIERS") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SERVICES ARE FIT FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, DATA LOSS, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OF CONTENT IN OR LINKED TO THE SERVICES. BTUS AND ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT THE SERVICES ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION. IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO 60 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE SERVICES, WHICHEVER IS SOONER.
13.2 BTUS, ITS AFFILIATES AND SUPPLIERS DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS.
14. LIMITATION OF LIABILITY AND INDEMNITY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF BTUS, ITS AFFILIATES AND SUPPLIERS FOR ALL CLAIMS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO SUCH CLAIM. SUBJECT TO APPLICABLE LAW, BTUS, ITS AFFILIATES AND SUPPLIERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING: (A) INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES; (B) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET BTUS SYSTEMS REQUIREMENTS. THE ABOVE LIMITATIONS APPLY EVEN IF BTUS AND ITS AFFILIATES AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF BTUS, ITS AFFILIATES AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES AND ITS USE.
You agree to indemnify and hold BTUS and its Affiliates and Suppliers harmless from any and all claims, liability and expenses, including reasonable attorneys' fees and costs, arising out of your use of the Services or breach of this Agreement (collectively referred to as "Claims"). BTUS reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by BTUS in the defense of any Claims.
No delay or failure by any Party to enforce any right or claim under this Agreement is a waiver of such right or claim. Any waiver by any Party of any term of this Agreement is not a further or continuing waiver of such term. No wavier of this Agreement is binding unless authorized in writing by the Parties to this Agreement.
We reserve the right to modify this Agreement, in our sole discretion, at any time, and the modifications will be effective when posted through the Services or on our website for the Services or when we notify you by other means. We may also change or discontinue the Services, in whole or in part. It is important that you review this Agreement whenever we modify it because your continued use of the Services indicates your agreement to the modifications.
BTUS may, in its sole discretion and without notice, restrict, deny, terminate this Agreement or suspend the Services, related or other Services, effective immediately, in whole or in part, if we determine that your use of the Services violates the Agreement, is improper or substantially exceeds or differs from normal use by other users, raises suspicion of fraud, misuse, security concern, illegal activity or unauthorized access issues, to protect the integrity or availability of the Services or systems and comply with applicable BTUS policy, if you no longer agree to receive electronic communications, or if your use of the Services conflicts with BTUS’ interests or those of another user of the Services. Upon BTUS notice that your use of the Services has been terminated you must immediately stop using the Services and any outstanding payments will become due. Any termination of this Agreement shall not affect BTUS’ rights to any payments due to it. BTUS may terminate a free account at any time. Sections of this Agreement will survive and remain in effect even if the Agreement is terminated.
18. EXPORT AND TRADE RESTRICTIONS.
You acknowledge that the Services, including the mobile application, and the underlying software may include U.S. technical data subject to restrictions under export control laws and regulations administered by the United States government. You agree that you and your personnel who use the Services are not prohibited from receiving the Services under the laws of the United States or other applicable jurisdiction. For example, you are not on the U.S. Treasury Department’s list of Specially Designated Nationals or are subject to any other similar prohibition. You will not export or re-export any part of the Services, in violation of these laws and regulations, directly or indirectly.
19. GOVERNING LAW AND JURISDICTION.
This Agreement will be governed by the laws of the State of Florida, United States of America, without regard to its conflicts of law principles. Notwithstanding the foregoing, you acknowledge that your breach (or an apprehension of breach) of any provisions of this Agreement, or any infringement (or apprehension of infringement) of BTUS’ or its Suppliers’ intellectual property rights may cause BTUS irreparable damage for which recovery of money damages would be inadequate. Accordingly, you agree that BTUS shall be entitled, in addition to any other remedies available to it, to seek (in any court of competent jurisdiction, notwithstanding the previous sentence) any relief (whether equitable or otherwise) to prevent or restrain any such breach or apprehended breach by you or otherwise to protect BTUS’ rights under this Agreement. The parties hereby submit to the exclusive jurisdiction of the courts of the State of Florida, United States of America, and you agree that you will procure that any third party making a claim against BTUS arising out of this Agreement shall bring such claim exclusively in the American courts and subject to the limitations and exclusions of liabilities provided for in this Agreement.
BTUS does not represent that the Services and/or content within the Services is appropriate or available for use in all jurisdictions or countries. BTUS prohibits accessing content from within countries or states where such content is illegal. You are responsible for compliance with all applicable laws pertaining to your use and access to the Services in your jurisdiction.
Any translation of this Agreement is done for local requirements and in the event of a dispute between the English and any non-English version, the English version of this Agreement shall govern. In the event of a dispute the parties confirm that they have requested that this Agreement and all related documents be drafted in English.
This Agreement, including the Additional Terms below, is the entire agreement between you and BTUS regarding its subject matter and replaces all prior understandings, communications and agreements, oral or written, regarding its subject matter. If any court of law, having the jurisdiction, rules that any part of this Agreement is invalid, that section will be removed without affecting the remainder of the Agreement. The remaining terms will be valid and enforceable. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. You may not assign or transfer this Agreement to anyone without written approval of BTUS. However, BTUS may assign or transfer this Agreement without your consent to (a) an affiliate, (b) a company through a sale of assets by BTUS or (c) a successor by merger. Any assignment in violation of this Section shall be void. If you want to request a transfer of this Agreement, contact BTUS via an email to: firstname.lastname@example.org.
22. FORCE MAJEURE .
BTUS shall not be responsible for any loss, damage, injury or delay due to any cause beyond its control including (without prejudice to the generality of the foregoing expression) acts of government, strikes, lockouts, fire, lighting, aircraft, explosion, flooding, riots, civil commotion, acts of war, terrorism, malicious mischief or theft, provided that if the Services to be rendered hereunder shall be interrupted by such causes for a period of more than 90 days, either Party may terminate this Agreement upon 10 days written notice to the other Party.
Upon cancellation you will be able to access BTUS only through the end of the subscription term. After the subscription term ends, you will not have any access to BTUS or the data contained therein. There are no refunds upon cancellation. Please follow product instructions to cancel your account