Last revised and effective as of: June 30th, 2015
(each of which is “our site”)
These terms apply whether you use our site as a guest or a registered user. Use of our site includes accessing, browsing, or registering to use our site.
Other applicable terms
If you purchase goods or services from our site, our Terms of Sale (set out below) will also apply.
Information about us
We are a limited company registered in the state of Indiana, USA, and have our registered address at 9449 Priority Way W Dr #150, Indianapolis, IN 46240.
Changes to these terms
We reserve the right, in our sole discretion, to change, modify, add to, supplement or delete any portion of these Terms of Service at any time, effective with or without prior notice; provided, however, that we will use reasonable efforts to provide you with notification of any material changes (as determined in our sole discretion) by email. If any future changes to these Terms of Service are unacceptable to you or cause you to no longer be in compliance, you must immediately stop using the our site. Your continued use of the site following any revision to these Terms constitutes your complete acceptance of any and all such changes. Any new features that augment or enhance the current features and/or services available via the site, including the release of new tools and resources, will be subject to these Terms of Service.
Accessing our sites
Unless otherwise stated for particular site, or any content and/or functionality on a site, our sites are made available free of charge.
Your account must be registered by a human. Accounts registered by “bots” or other automated methods are not permitted. Additionally, you must be 13 years of age or older.
We do not guarantee that our site, or any content or functionality on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our site.
Changes to our site
We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.
We do not guarantee that our site, or any content on it, will be free from errors or omissions.
Your account and password
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. If you use a social media login function, you must keep your social media account details confidential and must not allow any third party to access or use your social media account. You are responsible for maintaining the security of your account and password. We will not be liable for any loss or damage from your failure to comply with this security obligation.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at email@example.com and provide any relevant details, including the site it is in reference to.
Intellectual property rights
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
No reliance on information
The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.
Uploading content to our site
Our site enables you to upload and share text, images, photographs, logos, data, information, views, graphs and/or other materials (Content). The ways in which you might publish and share Content on our site include (but are not necessarily limited to):
(b) blog posts; and
(b) community content (including forum posts and user comments).
When posting Content as an article or blog post, you undertake and agree that:
● the Content is your own original work and is not copied or adapted from any third party work without their consent;
● you have not recently published identical or substantially similar Content elsewhere on the internet;
● you will not publish such Content on other third-party sites without including a hyperlink source reference to our site;
● the Content shall be accurate in all material respects;
● we may review the Content prior to publication on our site and may make reasonable changes to the Content and/or reject publication of the Content in part or in whole.
Whenever you make use of a feature that allows you to upload Content to our site, or to make contact with other users of our site, you must comply with our acceptable use & content standards (see section below).
You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any Content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your Content, but you are required to grant us a non-exclusive, royalty-free, perpetual, worldwide licence (including the right to sub-licence) to use, store, copy, modify and adapt that Content and to distribute and make it available to third parties.
You warrant and represent that We also have the right to disclose your identity to any third party who is claiming that any Content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the Content or accuracy of any Content posted by you or any other user of our site.
We have the right to remove any posting you make on our site for any reason whatsoever including if, in our opinion, your post does not comply with the acceptable use & content standards set out below.
The views expressed by other users on our site do not represent our views or values.
Acceptable use & Content standards
a. Prohibited uses
You may use our site only for lawful purposes. You may not use our site:
● in any way that breaches any applicable local, national or international law or regulation;
● in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
● for the purpose of harming or attempting to harm minors in any way;
● to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards (set out below);
● to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
● to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
● not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms of website use;
● not to access without authority, interfere with, damage or disrupt:
○ any part of our site;
○ any equipment or network on which our site is stored;
○ any software used in the provision of our site; or
○ any equipment or network or software owned or used by any third party.
b. Interactive services
We may from time to time provide interactive services on our site, including, without limitation:
● Comment features.
● Bulletin boards.
● Question and answer features.
We will do our best to assess any possible risks for users from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
c. Content standards
These content standards apply to any and all Content which you contribute to our site and to any interactive services associated with it.
You must comply with the spirit and the letter of the following standards.
● be accurate (where they state facts).
● be genuinely held (where they state opinions).
● comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
● Contain any material which is defamatory of any person;
● Contain any material which is obscene, offensive, hateful or inflammatory;
● Promote sexually explicit material;
● Promote violence;
● Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
● Infringe any copyright, database right or trade mark of any other person.
● Be likely to deceive any person;
● Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
● Promote any illegal activity;
● Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
● Be likely to harass, upset, embarrass, alarm or annoy any other person;
● Be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
● Give the impression that they emanate from us, if this is not the case;
● Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
d. Private messaging
Our site may enable you to send private messages to other users. If it does do so, you agree that our acceptable use & content standard apply to any such private messages. For the avoidance of doubt, We have the power and right to access and review all private messages transmitted via our site and may do so in our sole discretion if we think it is necessary or if we receive a report of abuse from another user.
e. Suspension and termination
We will determine, in our discretion, whether there has been a breach of our acceptable use & content standard through your use of our site. When a breach has occurred, we may take such action as we deem appropriate.
● immediate, temporary or permanent withdrawal of your right to use our site;
● immediate, temporary or permanent removal of any posting or material uploaded by you to our site;
● issue of a warning to you;
● legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
● further legal action against you;
● disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
Third party resources and links in our site
Our site may contain features, articles and other content which is published for and on behalf of, or is otherwise sponsored by, third parties. Such content is provided for information only and does not represent our views or opinions or an endorsement of any particular brand, product or service.
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources.
We may also provide information about third party products and services, as well as the opportunity to purchase such products and services. In the event that you choose to do so, you will be taken to the relevant third party's website in order to complete your purchase. The third party provider will have its own terms & conditions which you should read prior to using their site, or purchasing any products or services.
We do not guarantee that our site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
Linking to our site
You may link to our site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
Our site must not be framed on any other site.
We reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with the content standards set out above.
If you wish to make any use of content on our site other than that set out above, please contact firstname.lastname@example.org and please state the website it is in reference to.
User data removal
You have the right to request the deletion of your user account and personal data by contacting us at email@example.com and please state the website it is in reference to.
Content removal process
If you become aware of any Content which you believe may violate these Terms, is defamatory, offensive, illegal, or invades your privacy, please contact us immediately at firstname.lastname@example.org with details and please state the website it is in reference to.
We will review the Content in question and determine whether it should be removed. As 'innocent disseminators' of the Content on this site, our policy is to remove Content only when there is a clear legal obligation for us to do so – we will defend our users' right to freedom of speech if we have sufficient reason to believe that content was posted in good faith, without malice and is the honestly held opinion of the author.
We will notify you of our decision as soon as reasonably practicable. If you disagree with our judgement on the removal of Content and still wish it to be removed, we ask that you follow the requirements of the Pre-Action Protocol for Defamation. It is advisable to seek legal guidance on this if necessary.
Limitation of our liability
The site and its contents are provided “as is” and “as available” without any warranty or representations of any kind, whether express or implied. except where expressly stated otherwise, sift media is a distributor and not a publisher of the content supplied by third parties; as such, sift media exercises no editorial control over such content and makes no warranty or representation as to the accuracy, reliability or currency of any information, content, service or merchandise provided through or accessible via the site. Without limiting the foregoing, sift media specifically disclaims all warranties and representations in any content transmitted on or in connection with the site or on Sites that may appear as links on our site, or in the products provided as a part of, or otherwise in connection with, the site, including without limitation any warranties of merchantability, fitness for a particular purpose or non-infringement of third party rights. No oral advice or written information given by sift media or any of its affiliates, employees, officers, directors, agents, or the like will create a warranty. Price and availability information is subject to change without notice. Without limiting the foregoing, sift media does not warrant that the site will be uninterrupted, uncorrupted, timely, or error-free.
sift media WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE site, WHETHER OR NOT sift media IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE AND AGREE THAT sift media’s MAXIMUM LIABILITY TO YOU WILL NOT EXCEED THE AMOUNT YOU HAVE PAID sift media IN THE NINETY (90) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM.
TO THE FULLEST EXTENT PERMITTED BY LAW, THESE DISCLAIMERS AND LIMITATIONS OF LIABILITY APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE).
These Terms of Service, its subject matter and its formation, are governed by the laws of the State of Indiana, USA. You and we both agree to that the state and federal courts located in Indianapolis, Indiana will have exclusive jurisdiction in relation to any claim or dispute.
To contact us, please email email@example.com and please state the website it is in reference to.
Thank you for visiting our site.
TERMS OF SALE
In addition to the foregoing Terms of Service, the following terms & conditions of sale (Terms of Sale) apply to the sale of any products or services to you via the site.
The site may offer you the opportunity to purchase subscriptions to certain paid-for information or features (Services). These Terms of Sale, together with our Terms of Service, will apply to any contract between us for the sale of Services to you (Contract).
Contract and Delivery
Our site pages will guide you through the steps you need to take to place an order with us. Please take the time to read and check your order at each page of the order process. After you place an order, if we have accepted the order we will email you to confirm that your order has been accepted, at which point a Contract will be formed. We reserve the right to reject an order for any reason whatsoever.
We will activate your access to, or otherwise provide, the Services within a reasonable period of time from confirming acceptance of your order and we will provide you with any reasonable instructions necessary to enable you to access and/or use such Services. Time for the performance of the Services shall not be of the essence of the Contract and we do not warrant or represent that access to and availability of the Services will be uninterrupted or error-free.
In the case of one-off or fixed-term Services, the Contract shall terminate and your right to access and/or use the Services shall end once the performance of the Services is complete and/or the applicable fixed term expires.
In the case of recurring Services, either party may terminate the Contract and end the provision of the Services at any time by notifying the other, provided that such termination shall take effect on expiry of the then current recurrent billing period.
Payment, Refunds, Upgrading and Downgrading
A valid credit/debit card is required for the purchase of Services. Services are billed in advance in accordance with our pricing, as set out in your order. There will be no refunds or credits for partial months of service, annual payments, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you will be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) income taxes. You agree to pay for any taxes that might be applicable to your use of the Services or payments made by you in connection with your use of the Services.
You are solely responsible for properly canceling your subscription to any Services. You can cancel Services at any time from your online account. Any such cancellation shall take effect at the end of the relevant subscription period.
Any cancellation of Services will result in the deactivation of your access to such Services and the removal of any associated content in your account.
Modifications to the Services and Prices
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. However, we will make our very best efforts to notify customers of any upcoming system maintenance and/or service disruptions.
Prices of all Services are subject to change. We will give you at least 30 days prior notice of any price change. If you are unhappy with the change, you will have the right to cancel the Services by giving us 14 days prior written notice. If you do not do so, the change will affect any subsequent payments due from you for the Services. If Accounting Web does for any reason have to remove or revoke any Services you receive, we will use our reasonable endeavours to provide you with at least six (6) months’ notice via email.
We will not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Services.