QualifiedBookkeepers.com Terms of Use Agreement (Please read and then scroll to the bottom and click the "I Accept the Terms of Use.")

 

Welcome to QualifiedBookkeepers.com, the service for employers and financial/administrative job seekers to find each other online, operated by QualifiedBookkeepers.com, Inc. ("QualifiedBookkeepers.com").

 

BY CLICKING ON THE "I ACCEPT THE TERMS OF USE" BUTTON AT THE END OF THIS TERMS OF USE AGREEMENT, YOU, IF YOU ARE ACTING ON BEHALF OF YOURSELF AS AN INDIVIDUAL, OR YOUR COMPANY, IF YOU ARE ACTING ON BEHALF OF YOUR COMPANY, AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY BEFORE ACCEPTING ITS TERMS.  PLEASE NOTE THAT BY CLICKING THE BUTTON PROVIDED AT THE END OF THIS AGREEMENT, THAT YOU AGREE TO THE ARBITRATION AGREEMENT CONTAINED IN THS AGREEMENT. WE REQUIRE THAT YOU AGREE TO THAT CLAUSE BY CLICKING THE "I ACCEPT THE TERMS OF USE."
 

This page states the terms of Use ("terms") under which Members (as defined below) may use www.QualifiedBookkeepers.com.  QualifiedBookkeepers.com is an on-line service for the use and benefit of Members.

 

The Site is limited to companies seeking to employ or contract with bookkeepers, administrative, and other financial accounting personnel and job seekers seeking those opportunities.  The types of opportunities listed on the Site may change from time to time. 

 

There are three Membership types:

(i)  Job Seekers Members:  These Members are companies or people which seek either to be contract personnel, or to be employed in the opportunities described on QualifiedBookeepers.com, Inc.’s website.  They become members and pay a fee for membership.

(ii) Employer Members:  These Members are companies who are looking for employees or contract personnel. They become members and are currently not charged a membership fee.  They are, however, charged a fee for Job Seeker resumes.

(iii) Affiliate Members:  These are Job Seekers or Employers or Individuals or Companies that are interested in receiving commission for each Job Seeker they refer to the site who signs up and pays for a membership.

 

QualifiedBookkeepers.com features an on-line community designed to facilitate valuable professional and personal networking among its Members based on common experiences and interests. QualifiedBookkeepers.com also allows Members to create individual resume/profiles, which may include personal information (”resume/profiles”), and to make these resume/profiles, public on the Site.

 

If you do not accept the terms stated here, do not use QualifiedBookkeepers.com and its services. By using QualifiedBookkeepers.com, you agree to be bound by these terms.

 

QualifiedBookkeepers.com, Inc. may revise these terms at any time by posting an updated version to this Web page. You should visit this page periodically to review the most current terms because they are binding on you. The terms "you" and "user" as used herein refer to all individuals and/or entities accessing QualifiedBookkeepers.com for any reason. The term “post” as used herein shall mean information that you submit, publish or display on any QualifiedBookkeepers.com (as defined below).

 

By using the QualifiedBookkeepers.com Website, (the "Website") you agree to be bound by these terms of use (this "Agreement"), whether or not you register as a member of QualifiedBookkeepers.com ("Member"). If you wish to become a Member and make use of the QualifiedBookkeepers.com’s service (the "Service"), please read these terms of Use. If you object to anything in this Agreement or the QualifiedBookkeepers.com Privacy Policy, do not use the Website or the Service. The terms of use are subject to change by QualifiedBookkeepers.com at any time, effective upon posting on the QualifiedBookkeepers.com website, and your use of the Service after such posting will constitute acceptance by you of such changes.

 

1. Acceptance of terms of Use Agreement.  

 

a.  Electronic Agreement. This Agreement is an electronic contract that sets out the legally binding terms of your use of the Website and your membership in the Service. This Agreement may be modified by QualifiedBookkeepers.com from time to time, such modifications to be effective upon posting by QualifiedBookkeepers.com on the Website. This Agreement includes QualifiedBookkeepers.com's Acceptable Use Policy for Content Posted on the Website, QualifiedBookkeepers.com's Privacy Policy, QualifiedBookkeepers.com's membership policies and any notices regarding the Website. By accessing the Website or becoming a Member, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein.

 

b.  Electronic Form. By accessing the Website or becoming a Member, you consent to have this Agreement provided to you in electronic form.

 

c.  Withdrawing your Consent. You have the right at any time to withdraw your consent to have this Agreement provided to you in electronic form.

 

(i) Effect. Should you choose to withdraw your consent to have this Agreement provided to you in electronic form, we will discontinue your then-current username and password. This means that you will not have the right to use the Service unless, and until, we issue you a new username and password. We only will issue you a new username and password after we receive a signed copy of a non-electronic version of this Agreement, which we will send to you upon request.

 

(ii) Notice. To withdraw your consent and/or request a non-electronic copy of this Agreement, please send an email to Support@QualifiedBookkeepers.com or a letter and self-addressed stamped envelope to: QualifiedBookkeepers.com, Inc.  2001 West Main Street, Suite 205a, Stamford, CT  06902.

 

(iii) Prospective Nature. Your withdrawal of consent shall be effective within a reasonable time after we receive your withdrawal notice described above. Your withdrawal of consent will not affect the legal validity or enforceability of the Agreement provided to, and electronically signed by, you prior to the effective date of your withdrawal.

 

d.  Access and Retention. In order to access and retain this electronic Agreement, you must have access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must use all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it into any word processing program. Via, the Website, we will notify you of any changes in the hardware or software requirements needed to access and/or retain this Agreement that create a material risk that you will not be able to continue to access and/or retain this electronic Agreement.

 

2. Eligibility. You must be at least eighteen (18) years of age to register as a member of QualifiedBookkeepers.com or use the Website. Membership in the Service is void where prohibited. By using the Website, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. 

 

3. Membership, Skill Tests, Resume Pricing. In order to access additional features and services, including the ability to communicate with other Members, you must become a Member to the Service. Please see “Become a Member” for a description of the current Membership plans, Skill Test, and Resume fees.  Membership, skill test fees, and resume fees are non-refundable.  Please note that any of the Membership policies that are disclosed to you in becoming a Member to the service are deemed part of this Agreement. From time to time, QualifiedBookkeepers.com may remove the resume/profiles of Members who fail to pay their dues or for other reasons (or no reason) as described herein.  

 

QualifiedBookkeepers.com reserves the right to offer third party services and products to you based on the preferences that you identify in your registration and at any time thereafter; such offers may be made by QualifiedBookkeepers.com or by third parties. Please see QualifiedBookkeepers.com's Privacy Statement, the terms of which are incorporated herein by reference, for further details regarding your Information.

 

Without limiting any of the other disclaimers of warranty set forth in these terms, QualifiedBookkeepers.com does not provide or make any representation as to the quality or nature of any of the third party products or services purchased through QualifiedBookkeepers.com or any other QualifiedBookkeepers.com Site, or any other representation, warranty or guaranty. Any such undertaking, representation, warranty or guaranty would be furnished solely by the provider of such third party products or services, under the terms agreed to by the provider.

 

You understand and acknowledge that you have no ownership rights in your QualifiedBookkeepers.com account, and that if you cancel your QualifiedBookkeepers.com account, all your account information from QualifiedBookkeepers.com, including resumes/ profiles, cover letters, network contacts, saved jobs, questionnaires and email mailing lists, will be marked inactive or deleted in QualifiedBookkeepers.com's databases and will be removed from any public area of the QualifiedBookkeepers.com Sites. Information may continue to be available for some period of time because of delays in propagating such inactive status or deletion through QualifiedBookkeepers.com’s web servers. In addition, third parties may retain cached copies of your Information.

 

4. Term. This Agreement will remain in full force and effect while you use the Website and/or are a Member. You may terminate your membership at any time, for any reason, by following the instructions under “My Dashboard” under “Account”, by making your profile unsearchable, or by sending QualifiedBookkeepers.com written notice of termination to QualifiedBookkeepers.com, 2001 West Main Street, Suite 205a, Stamford, CT  06902 or email notice of termination to Support@QualifiedBookkeepers.com. QualfiedBookkeepers.com, Inc. Membership, skill test fees, and resume fees are non-refundable.  If you terminate your membership, your membership will remain active until the end of your then-current membership period (that is, the membership period through which you had paid prior to your termination). QualifiedBookkeepers.com may terminate your membership by sending notice to you at the email address you provide in your application for membership, or such other email address as you may later provide to QualifiedBookkeepers.com. If QualifiedBookkeepers.com terminates your membership in the Service because you have breached this Agreement, you will not be entitled to any refund of unused membership fees. All decisions regarding the termination of accounts shall be made in the sole discretion of QualifiedBookkeepers.com. QualifiedBookkeepers.com is not required to provide you notice prior to terminating your membership.

 

QualifiedBookkeepers.com is not required, and may be prohibited, from disclosing a reason for the termination of your account. Even after your membership is terminated, this Agreement will remain in effect. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination. 

 

5. Illegal and/or unauthorized use. Illegal and/or unauthorized uses of the Website, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website may be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Website is with the permission of QualifiedBookkeepers.com, which may be revoked at any time, for any reason, in QualifiedBookkeepers.com's sole discretion. 

 

6. Account Security. You are responsible for maintaining the confidentiality of the username and password that you designate during the Registration process, and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify QualifiedBookkeepers.com of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. QualifiedBookkeepers.com will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling your auto-sign in feature. 

 

7. Your Interactions with Other Members. You are solely responsible for your interactions with other Members. You understand that QualifiedBookkeepers.com does not in any way screen its Members, nor does QualifiedBookkeepers.com inquire into the backgrounds of its Members or attempt to verify the statements of its Members. QualifiedBookkeepers.com makes no representations or warranties as to the conduct of Members or their compatibility with any current or future Members. In no event shall QualifiedBookkeepers.com be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Service, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other Members of this Service or persons you meet through this Service. You agree to take reasonable precautions in all interactions with other Members of the Service, particularly if you decide to meet offline or in person.  You understand that QualifiedBookkeepers.com makes no guarantees; either express or implied, regarding the Qualifications of Members you meet through the Service. You should not provide your financial information (for example, your credit card or bank account information) to other Members. 

 

8. Content on QualifiedBookkeepers.com.  You are solely responsible for your QualifiedBookkeepers.com account information, employer account information or job postings, resume/profile, content (including, without limitation works in any form, media, or technology whether now known or later developed), messages, audio, video, photos, text, images, compilations or other information ("User Content") that you post on any QualifiedBookkeepers.com Site or transmit to other Members. You agree that in submitting User Content or otherwise using any QualifiedBookkeepers.com Site that you will not impersonate any person, or submit any materials to QualifiedBookkeepers.com that are false, inaccurate, misleading, unlawful, or are otherwise in violation of your obligations under these terms.

 

By posting User Content to any public area of any QualifiedBookkeepers.com Site, including without limitation, message boards, resumes/profiles, forums, contests and chat rooms, you automatically grant to QualifiedBookkeepers.com and its affiliates an irrevocable, royalty-free, perpetual, fully paid non-exclusive right (including moral rights) and worldwide license to use, copy, reproduce, modify, adapt, publish, translate, communicate to the public, perform, display, and distribute such User Content (in whole or in part) and to prepare derivative works of, or incorporate into other works (in any form, media or technology now known or later developed, for the full term of any rights that may exist in such content) such User Content, and to grant and authorize sublicenses thereof (through multiple tiers).

 

You also represent and warrant that you have the right to grant or that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant, the license stated above. If you post User Content in any public area of any QualifiedBookkeepers.com Site, you also permit any user to access, display, view, store and reproduce such User Content for personal use. Subject to the foregoing, the owner of such User Content placed on any QualifiedBookkeepers.com Site retains any and all rights that may exist in such User Content.

 

QualifiedBookkeepers.com acts as a passive conduit for the online distribution and publication of User Content and has no obligation to screen User Content, communications or information in advance and is not responsible for screening or monitoring User Content posted by Members. However, QualifiedBookkeepers.com may review and remove any User Content that, in its sole judgment, violates these terms, violates applicable laws, rules or regulations, is abusive, disruptive, offensive or illegal, or violates the rights of, or harms or threatens the safety of, Members of any QualifiedBookkeepers.com Site. QualifiedBookkeepers.com reserves the right to expel Members and prevent their further access to the QualifiedBookkeepers.com Sites and/or use of QualifiedBookkeepers.com services for violating the terms or applicable laws, rules or regulations.

 

QualifiedBookkeepers.com may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes that such User Content could create liability for QualifiedBookkeepers.com, damage QualifiedBookkeepers.com’s brand or public image, or cause QualifiedBookkeepers.com to lose (in whole or in part) the services of its ISPs or other suppliers.

 

QualifiedBookkeepers.com does not represent or guarantee the truthfulness, accuracy, or reliability of User Content or any other communications posted by Members or endorse any opinions expressed by Members. You acknowledge that any reliance on material posted by other Members will be at your own risk.

 

(a) Proprietary Rights. QualifiedBookkeepers.com owns and retains all proprietary rights in the Website and the Service. The Website contains the copyrighted material, trademarks, and other proprietary information of QualifiedBookkeepers.com, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.

 

(b) Reliance on Content, Advice, Etc. Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by QualifiedBookkeepers.com, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. QualifiedBookkeepers.com does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Website. Under no circumstances will QualifiedBookkeepers.com or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Website or transmitted to or by any Members.

 

9. Content Posted by You on QualifiedBookkeepers.com. 

 

a. You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service, or transmit to other Members. You will not post on the Service, or transmit to other Members, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not provide inaccurate, misleading or false information to the Company or to any other Member. If information provided to QualifiedBookkeepers.com, or another Member, subsequently becomes inaccurate, misleading or false, you will promptly notify QualifiedBookkeepers.com of such change.

 

b. You understand and agree that QualifiedBookkeepers.com may review and delete any content, messages, double-blind emails, photos or resumes/profiles (collectively, "Content"), in each case in whole or in part, that in the sole judgment of QualifiedBookkeepers.com violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members.

 

c. By posting Content to any public area of QualifiedBookkeepers.com, you automatically grant, and you represent and warrant that you have the right to grant, to QualifiedBookkeepers.com, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your content by QualifiedBookkeepers.com will not infringe or violate the rights of any third party.

 

d. The following is a partial list of the kind of Content that is illegal or prohibited on the Website. QualifiedBookkeepers.com reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. It includes, but is not limited to, Content that:

 

(i) is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

(ii) harasses or advocates harassment of another person;

(iii) involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";

(iv) promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

(v) promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;

(vi) contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);

(vii) provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18;

(viii) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

(ix) solicits passwords or personal identifying information for commercial or unlawful purposes from other Members; and

(x) engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.

 

e. Your use of the Service, including but not limited to the Content you post on the Service, must be in accordance with any and all applicable laws and regulations.

 

f. You may not include in your Member profile personal or company any telephone numbers, street addresses, last names, URLs or email addresses.

 

g. You may not engage in advertising to, or solicitation of, other Members. This includes but is not limited to solicitation or advertising to buy or sell any products or services through the Service or to attend parties or other social functions or networking for commercial purposes. You may not transmit any chain letters or junk email to other Members. Although QualifiedBookkeepers.com cannot monitor the conduct of its Members off the Website, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, we reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which we deem appropriate in our sole discretion.

 

h. All information you include in your Member resume/profile must be accurate, current and complete.

 

Each candidate made available through the QualifiedBookkeepers.com has the option of taking a skills test(s) offered by QualifiedBookkeepers.com. The results are not evaluated by QualifiedBookkeepers.com and should be evaluated by each employer based on such employer's specific criteria. The skill tests offered by QualifiedBookkeepers.com and may be changed from time to time at QualifiedBookkeepers.com's discretion. The skills do not necessarily guarantee performance results or capture all criteria that may be relevant to an employer in making employment decisions. QualifiedBookkeepers.com does not independently verify the information provided by candidates or the identity of candidates.

 

If notified by a User of User Content or other materials which allegedly do not conform to these terms, QualifiedBookkeepers.com may in its sole discretion investigate the allegation and determine whether to take any other actions whether to remove or request the removal of the User Content. QualifiedBookkeepers.com has no liability or responsibility to Members for performance or nonperformance of such activities.

 

10. Prohibited Activities. QualifiedBookkeepers.com reserves the right to investigate and terminate your membership if you have misused the Service, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal. The following is a partial list of the type of actions that you may not engage in with respect to the Service:

(a) you will not impersonate any person or entity.

(b) you will not "stalk" or otherwise harass any person.

(c) you will not express or imply that any statements you make are endorsed by QualifiedBookkeepers.com without our specific prior written consent.

(d) you will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.

(e) you will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.

(f) you will not remove any copyright, trademark or other proprietary rights notices contained in the Service.  You will not interfere with or disrupt the Services or the site or the servers or networks connected to the Services or the site.

(g) you will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

(h) you will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service.

(i) you will not "frame" or "mirror" any part of the Service or the Website, without

QualifiedBookkeepers.com's prior written authorization. you also shall not use meta tags or code or other devices containing any reference to QualifiedBookkeepers.com or the Service or the site in order to direct any person to any other web site for any purpose.

(j) you will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or the Website or any software used on or for the Service or cause others to do so.

 

In order to ensure a safe and effective experience for all of our customers, QualifiedBookkeepers.com reserves the right to limit the amount of data (including resume views) that may be accessed by you in any given time period. These limits may be amended in QualifiedBookkeepers.com’s sole discretion from time to time.

 

QualifiedBookkeepers.com specifically prohibits any other use of QualifiedBookkeepers.com, and all Members agree not to do any of the following:

(a) post any jobs on any QualifiedBookkeepers.com Site for any competitor of QualifiedBookkeepers.com or post jobs or other content that contains links to any site competitive with QualifiedBookkeepers.com

(b) post jobs or content on any QualifiedBookkeepers.com Site that contain hyperlinks, "hidden" keywords or keywords that are irrelevant to the job or are otherwise misleading;

(c)  use any QualifiedBookkeepers.com Resume Database for any purpose other than as an employer seeking employees or contractors, including but not limited to using the information in the QualifiedBookkeepers.com Resume Database to sell or promote any products or services; 

(d) post or submit to any QualifiedBookkeepers.com Site any incomplete, false or inaccurate biographical information or information which is not your own;

(e) post on any QualifiedBookkeepers.com Site any franchise, pyramid scheme, "club membership", distributorship or sales representative agency arrangement or other business opportunity which requires an up front or periodic payment, pays commissions only (except for postings that make clear that the available job pays commission only and clearly describes the product or service that the job seeker would be selling, in which case such postings are permissible), or requires recruitment of other members, sub-distributors or sub-agents;

(f) send unsolicited mail or e-mail, make unsolicited phone calls or send unsolicited faxes regarding promotions and/or advertising of products or services to a user of any QualifiedBookkeepers.com Site;

(g) delete or revise any material posted by any other person or entity;

(h) take any action that imposes an unreasonable or disproportionately large load on any QualifiedBookkeepers.com Site's infrastructure;

(i) notwithstanding anything to the contrary contained herein, use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search any QualifiedBookkeepers.com Site other than the search engine and search agents available from QualifiedBookkeepers.com on such QualifiedBookkeepers.com Site and other than generally available third party web browsers (e.g., Internet Explorer, Firefox, Safari);

(j) decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of any QualifiedBookkeepers.com Site;

(k) aggregate, copy or duplicate in any manner any of the QualifiedBookkeepers.com Content or information available from any QualifiedBookkeepers.com Site, without express written consent from QualifiedBookkeepers.com; or

(l) frame or link to any QualifiedBookkeepers.com Content or information available from any QualifiedBookkeepers.com Site.

 

11. Customer Service. QualifiedBookkeepers.com provides assistance and guidance through its customer care representatives. When communicating with our customer care representatives, you may not to be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or otherwise behave inappropriately. If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your membership and you will not be entitled to any refund of unused membership fees. 

 

12. How We Charge Our Members   

(a) General. When and after you purchase a membership and become a member, QualifiedBookkeepers.com bills you through an online account (your "Billing Account") for use of the Service. You agree to pay QualifiedBookkeepers.com all charges at the prices then in effect for any use of the Service by you or other persons (including your agents) using your Billing Account, and you authorize QualifiedBookkeepers.com to charge your chosen payment provider (your "Payment Method") for the Service. You agree to make payment using that selected Payment Method. QualifiedBookkeepers.com reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.

(b) Recurring Billing (not currently offered). Most membership plans to the Service consist of an initial period, for which there is a one time charge, followed by an optional recurring period for charges as agreed to by you. By entering into this Agreement, you acknowledge that the membership you chose may have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. QUALIFIEDBOOKKEEPERS.COM MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (CONFIRMED IN WRITING UPON REQUEST BY QUALIFIEDBOOKKEEPERS.COM) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE QUALIFIEDBOOKKEEPERS.COM REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, GO TO ACCOUNT SETTINGS.

 

(c) Current Information Required. (Recurring billing not currently offered) YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY QUALIFIEDBOOKKEEPERS.COM IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE UNDER ACCOUNT in MY DASHBOARD. IF YOU FAIL TO PROVIDE QUALIFIEDBOOKKEEPERS.COM ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT QUALIFIEDBOOKKEEPERS.COM MAY CONTINUE CHARGING YOU FOR ANY USE OF THE SERVICE UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR SUBSCRIPTION FOR THE SERVICE (CONFIRMED BY YOU IN WRITING UPON REQUEST BY QUALIFIEDBOOKKEEPERS.COM).

 

(d) Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method (the "Payment Method Provider"). If QualifiedBookkeepers.com does not receive payment from your Payment Method Provider, you agree to pay all amounts due on your Billing Account upon demand.

 

(e) Change in Amount Authorized. (Recurring billing not currently offered) If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and QualifiedBookkeepers.com shall provide, notice of the amount to be charged and the date of the charge at least 10 days before the scheduled date of the transaction. Any agreement you have with your Payment Method Provider will govern your use of your Payment Method. you agree that QualifiedBookkeepers.com may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.

 

(f) Auto-renewal. (Recurring billing not currently offered) Your QualifiedBookkeepers.com membership will be automatically extended for successive renewal periods of the same duration as the membership term originally selected, at the then-current non-promotional membership rate. To change or resign your membership at any time, go to Account under My Dashboard. If you resign, you may use your membership until the end of your then-current membership term; your membership will not be renewed after your then-current term expires. However, you won't be eligible for a prorated refund of any portion of the membership fee paid for the then-current membership period.

 

(g) Reaffirmation of Authorization. (Recurring billing not currently offered)Your non-termination or continued use of the Service reaffirms that QualifiedBookkeepers.com is authorized to charge your Payment Method. QualifiedBookkeepers.com may submit those charges for payment and you will be responsible for such charges. This does not waive QualifiedBookkeepers.com's right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially became a member of the Service.

 

(h) Free Trials and Other Promotions. (Recurring billing not currently offered). Any free trial or other promotion that provides Member-level access to the Service must be used within the specified time of the trial. You must cancel your membership before the end of the trial period in order to avoid being charged a membership fee.  If you cancel prior to the end of the trial period and are inadvertently charged for a membership, please contact Customer Care to have the charges reversed.

 

13. Modifications to Service. QualifiedBookkeepers.com reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that QualifiedBookkeepers.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. 

 

14. Blocking of IP Addresses. In order to protect the integrity of the Service, QualifiedBookkeepers.com reserves the right at any time in its sole discretion to block Members from certain IP addresses from accessing the Website. 

 

15. Copyright Policy. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and email address; a written statement by you 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 authorized to act on the copyright owner's behalf. QualifiedBookkeepers.com's Copyright Agent for notice of claims of copyright infringement can be reached as follows: QualifiedBookkeepers.com Legal, 2001 West Main Street, Suite 205a, Stamford. CT  06902.

 

16. Member Disputes. You are solely responsible for your interactions with other QualifiedBookkeepers.com Members. QualifiedBookkeepers.com reserves the right, but has no obligation, to monitor disputes between you and other Members. 

 

17. Privacy. Use of the Website and/or the Service is also governed by our Privacy Policy. 

 

18. Disclaimers. QualifiedBookkeepers.com is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service, whether caused by Members of the Website, Members or by any of the equipment or programming associated with or utilized in the Service. QualifiedBookkeepers.com is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. QualifiedBookkeepers.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. QualifiedBookkeepers.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to Members and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will QualifiedBookkeepers.com or any of its affiliates, advertisers, promoters or distribution partners be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Website or the Service, any Content posted on the Website or transmitted to Members, or any interactions between Members of the Website, whether online or offline. The Website and the Service are provided "AS-IS" and QualifiedBookkeepers.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. QualifiedBookkeepers.com cannot guarantee and does not promise any specific results from use of the Website and/or the Service.

 

In addition to the preceding paragraph and other provisions of this Agreement, any advice that may be posted on the Website is for informational purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice.

 

QualifiedBookkeepers.com makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Website.

 

19. Links. The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because QualifiedBookkeepers.com has no control over such sites and resources, you acknowledge and agree that QualifiedBookkeepers.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. you further acknowledge and agree that QualifiedBookkeepers.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such Content, goods or services available on or through any such site or resource. 

 

20. Limitation on Liability. Except in jurisdictions where such provisions are restricted, in no event will QualifiedBookkeepers.com be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Web site or the Service, even if QualifiedBookkeepers.com has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, QualifiedBookkeepers.com's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to QualifiedBookkeepers.com for the Service during the term of membership. 

 

21. QualifiedBookkeepers.com acts as a venue for employers to post job opportunities and candidates to post resumes/profiles and does not screen or censor the listings, including resumes/profiles offered. QualifiedBookkeepers.com is not involved in the actual transaction between employers and candidates. As a result, QualifiedBookkeepers.com has no control over User Content, the quality, safety or legality of the jobs or resumes posted, the truth or accuracy of the listings, the ability of employers to offer job opportunities to candidates or the ability of candidates to fill job openings and QualifiedBookkeepers.com makes no representations about any jobs, resumes or User Content on QualifiedBookkeepers.com. QualifiedBookkeepers.com may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes that such User Content could create liability for QualifiedBookkeepers.com, damage QualifiedBookkeepers.com’s brand or public image, or cause QualifiedBookkeepers.com to lose (in whole or in part) the services of its ISPs or other suppliers. While QualifiedBookkeepers.com reserves the right in its sole discretion to remove User Content, job postings, resumes or other material from QualifiedBookkeepers.com from time to time, QualifiedBookkeepers.com does not assume any obligation to do so and disclaims any liability for failing to take any such action.

 

In addition, note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other Members with whom you come in contact through QualifiedBookkeepers.com and/or the websites of Affliates of   QualifiedBookkeepers.com.  By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that you will use caution and common sense when using QualifiedBookkeepers.com and/or QualifiedBookkeepers.com.

 

22. Because user authentication on the Internet is difficult, QualifiedBookkeepers.com cannot and does not confirm that each is who they claim to be. Because we do not and cannot be involved in User-to-User dealings or control the behavior of participants on any QualifiedBookkeepers.com Site, in the event that you have a dispute with one or more Members, you release QualifiedBookkeepers.com (and our agents and employees) from claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

 

If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."

 

23. The QualifiedBookkeepers.com Sites and the QualifiedBookkeepers.com Content may contain inaccuracies or typographical errors. QualifiedBookkeepers.com makes no representations about the accuracy, reliability, completeness, or timeliness of any QualifiedBookkeepers.com Site or the QualifiedBookkeepers.com Content. The use of all QualifiedBookkeepers.com Sites and the QualifiedBookkeepers.com Content is at your own risk. Changes are periodically made to QualifiedBookkeepers.com Sites and may be made at any time. You acknowledge and agree that you are solely responsible for the form, content and accuracy of any resume or material contained therein placed by you on the QualifiedBookkeepers.com Sites. Employers are solely responsible for their postings on QualifiedBookkeepers.com Sites. QualifiedBookkeepers.com is not to be considered to be an employer with respect to your use of any QualifiedBookkeepers.com Site and QualifiedBookkeepers.com shall not be responsible for any employment decisions, for whatever reason, made by any entity posting jobs on any QualifiedBookkeepers.com Site.

 

24. QualifiedBookkeepers.com cannot guarantee and does not promise any specific results from use of QualifiedBookkeepers.com or any QualifiedBookkeepers.com Site. No advice or information, whether oral or written, obtained by a user from QualifiedBookkeepers.com or through or from QualifiedBookkeepers.com or any other QualifiedBookkeepers.com Site shall create any warranty not expressly stated herein.

 

25. U.S. Export Controls. Software from this Website (the "Software") is further subject to United States export controls. No Software may be downloaded from the Website or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. 

 

26. Jurisdiction, Venue and Arbitration.

a. Jurisdiction and Venue.   This Agreement shall be interpreted in accordance with the laws of the State of Connecticut without reference to conflicts of laws provisions, and any legal or arbitration proceeding arising out of this Agreement will occur in Stamford, CT.

 

b.  Agreement to Arbitrate.   You and we agree to submit any dispute arising under this agreement, with the exception of disputes alleging criminal or statutory violations, to binding arbitration in accordance with the “Better Business Bureau (“BBB”)Rules of Binding Arbitration for Disputes Subject to Pre-Dispute Binding Arbitration Clauses”.  A BBB arbitrator is not required to apply legal principles.  The arbitrator’s decision will be final and binding on both you and us, and judgment on the decision may be entered in any court having jurisdiction.  A mandatory, non-refundable filing fee of $30 per party is payable to the Better Business Bureau prior to scheduling the hearing. Also, an initial administrative fee of $225 is payable to the BBB by the business prior to the hearing.  (The initial administrative fee covers two hours of actual hearing time.  Hearing time exceeding two hours will be charged by the hour at $120 per hour and the cost will be equally split between the parties.) Further information about BBB Arbitration may be obtained by calling the Connecticut BBB at 203-269-2700. This Agreement to Arbitrate affects important legal rights, and you should check with your own attorney if you have questions about those rights.  Neither of us will be able to go to court for disputes that must be arbitrated. NEITHER OF US WILL BE COMMITTED TO ARBITRATE UNLESS YOU ACCEPT THE "I ACCEPT THE TERMS OF USE" LINK AT THE END OF THIS TERM OF USE AGREEMENT.

                       

            

27. Indemnity by you. You agree to indemnify and hold QualifiedBookkeepers.com, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above. 

 

28. No Third Party Beneficiaries. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement. 

 

29.  Skill Tests. QualifiedBookkeepers.com uses a third party company called SkillCheck Incorporated ("SkillCheck") which makes available information, materials, and products on this Web site as a site at which you can take a standardized test the score of which will help possible employers determine your level of skill.   By accessing the Skillcheck site, you agree to the terms and conditions as outlined in Skillcheck’s legal notice. SkillCheck reserves the right to change its terms and conditions from time to time at its sole discretion.  The information on Skillcheck’s Website is protected by copyright. 

 

30.  Other. This Agreement contains the entire agreement between you and QualifiedBookkeepers.com regarding the use of the Website and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. 

31.  We will include you in emails and newsletter distributions.  If you do not wish to receive these notifications, you can opt out through a link found on the communication/s.

 

Please contact us with any questions regarding this agreement. QualifiedBookkeepers.com is a trademark of QualifiedBookkeepers.com, Inc.

 

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE INCLUDING THE AGREEMENT TO ARBITRATE. 

 

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