Last Update: November 2017
Throughout this Agreement, we may use certain words or phrases, and it is important that you understand the meaning of them. The list is not all-encompassing and no definition should be considered binding to the point that it renders this Agreement nonsensical:
“Agreement” refers to these Terms of Service;
“App and Website” refers to our mobile software applications and website online, through which all or some of our Service may be made accessible to you;
“AccountSend.com” refers to our company, known as “ Technology Enterprises, Inc. DBA Account Send.com”; our Site; our Service; or a combination of all or some of the preceding definitions, depending on the context in which the word is used;
“Service” refers to the services that we provide through our Site, including our reminder service, storage, our App, and our Site itself;
“Site” refers to our website, www.AccountSend.com.com ;
“User” refers to anyone who uses our Service, including those who use our App and general visitors to our Site;
“You” refers to you, the person who is entering into this Agreement with AccountSend.com.
3. How AccountSend.com Works
AccountSend.com is a website and document management reminder service that helps independent service providers easily schedule appointments, store documents and remind clients of tasks.
In order to use our Service, you must meet a number of conditions, including but not limited to:
You must not be in violation of any embargoes, export controls, or other laws of The United States of America, Florida, the European Union or other countries or supranational bodies having jurisdiction over this Agreement, AccountSend.com, and yourself. For example, you must not use our Service if doing so would be in violation of the Common Foreign and Security Policy of the European Union nor the laws governing the United States of America.
You must be the minimum age required to enter into a contract in the area in which you reside, and, in any event, must not be less than 18 years of age.
You must provide us with personal information, and other information that we deem necessary to provide you with our Service.
5. Nature of Service
AccountSend.com believes that its Service is useful for the management of appointments, reminders and storing and sharing documents. You agree that you are solely responsible for determining whether the use of our Service is right for you, and you agree to release AccountSend.com from any liability relating to your use of our Service.
6. Rules of Use
You must not:
Violate the laws of the United States, its states, or any foreign political entity having jurisdiction over this Agreement, whether or not the foreign political entity is a country or a subdivision (such as a state or province) or municipality (such as a city, town, county, or region) of a foreign country.
Post or send anything violent, threatening, pornographic, racist, hateful, or otherwise objectionable according to the opinion of AccountSend.com or its delegates.
Infringe on anyone’s intellectual property rights, defame anyone, impersonate anyone, or otherwise violate the rights of a third party.
Hack, crack, phish, SQL inject, or otherwise compromise the security or integrity of the AccountSend.com Site, Service, or its Users’ computers.
Do anything else which could bring AccountSend.com into disrepute or violate the rights of any person.
Send unsolicited emails, SMS messages, documents etc. unless the receiver and sender is a client of yours. If you are sending to any recipients not relating to your business you must have express weritten consent of that individual, business or service.
You may not share the service, your login, passwords or security information with anyone other than an individual working directly for you or your organization.
Any violation of this will result in the termination of your service and no refund will be issued to you.
Any contacts in any of your CRM, email, contact list, etc. that you upload you must have been in contact, formed a business relationship or they are current active client within your firm prior to sending any reminders or updates to them.
To input or import contacts we provide a direct link via third party service via API’s such as Google Contacts. Outlook, CSV, Quickbooks, SAGE and many other services. You must have authorized permission of the account holder or be the account holder of that service to upload any contacts.
Any violations of the aforementioned and your account will be shut down immediately with no warning.
7. Payment and Refunds
AccountSend.com gives you access to an account for a 30 day no risk money back guarantee.
More information on what features go into each plan can be found on our Pricing page.
– Payment will be charged to you at confirmation of purchase
– Subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period
– Account will be charged for renewal with the regular fee you opted for (monthly or yearly subscription), within 24-hours prior to the end of the current period
– Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user`s Account Settings after purchase
Modifications to the Service and Prices
The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any part of the Service with or without notice.
Prices of all Services are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the AccountSend.com site or the Service itself.
The Company shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
8. Third Party Charges
You agree that AccountSend.com is not responsible for these charges and you are advised to contact your provider to ensure that you are aware of what using our Service will cost you.
9. Our Copyright
AccountSend.com must preserve the uniqueness of our content because it distinguishes us from our competitors. You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on the Site without receiving our prior written permission.
“AccountSend.com” are trademarks used by us, to uniquely identify our Site, Service, and business. You agree not to use these phrases anywhere without our prior written consent. Additionally, you agree not to use our trade dress, or copy the look and feel of our app and website or its design, without our prior written consent. You agree that this paragraph goes beyond the governing law on intellectual property law, and includes prohibitions on any competition that violates the provisions of this paragraph, including starting your own competing business.
11. Revocation of Consent
We may revoke our consent for your use of our intellectual property, or any other permission granted to you under this Agreement, at any time. You agree that if we so request, you must take immediate action to remove any usage of our intellectual property that you may have engaged in, even if it would cause a loss to you.
12. Representations & Warranties
WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR SERVICES, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE (INCLUDING SERVICE INTERRUPTIONS OR TECHNICAL GLITCHES), NEGLIGENCE, OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS.
YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR DAMAGES CAUSED BY THIRD PARTIES WHO MAY USE OUR SERVICES, INCLUDING BUT NOT LIMITED TO PEOPLE WHO COMMIT INTELLECTUAL PROPERTY INFRINGEMENT, DEFAMATION, TORTIOUS INTERFERENCE WITH ECONOMIC RELATIONS, OR ANY OTHER ACTIONABLE CONDUCT TOWARDS YOU.
YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY FAILURE ON THE PART OF A PAYMENT PROCESSOR, INCLUDING ANY THIRD PARTY APP STORE, TO DIRECT PAYMENTS TO THE CORRECT DESTINATION, OR ANY ACTIONS ON THEIR PART IN PLACING A HOLD ON YOUR FUNDS.
YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR WHAT MAY OCCUR AS A RESULT OF YOUR DECISION TO SHARE YOUR DATA WITH OTHER USERS OR ANY OTHER THIRD PARTIES.
YOU AGREE THAT WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR COMPANY OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR WEBSITE WHICH PREVENT ACCESS TO OUR WEBSITE TEMPORARILY OR PERMANENTLY.
THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTHING IN THE PROVISIONS OF THIS “REPRESENTATIONS & WARRANTIES” SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “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.” YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.
You agree to indemnify and hold us harmless for any claims by you or any third party which may arise from or relate to this Agreement or the provision of our service to you, including any damages caused by your use of our Site or acceptance of the offers contained on it. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial.
14. Choice of Law
This Agreement shall be governed by the laws in force in the State of Florida, Broward County. The offer and acceptance of this contract are deemed to have occurred in State of Florida, Broward County.
15. Forum of Dispute
You agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction in State of Florida, Broward County.
If a dispute claims multiple claims and one or more of those claims would be eligible to be heard by the Small Claims Court, you agree not to bring the other claims against us and to instead proceed within the Small Claims Court.
If you would be entitled in a dispute to an amount exceeding the monetary jurisdiction of the Small Claims Court, you agree to waive your right to collect any damages in excess of the monetary jurisdiction and instead still bring your claim within the Small Claims Court. At the time of drafting this Agreement, the monetary jurisdiction of the Small Claims Court will not exceed the amount pais.
You agree that if a dispute is eligible to be heard in Small Claims Court but you would be entitled to an additional or alternative remedy in a higher court, such as injunctive relief, you will waive your right to that remedy and still bring the dispute within the Small Claims Court.
If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.
You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements.
16. Force Majeure
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, unavailability of payment processors, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement are deemed to conflict with each other’s operation, AccountSend.com shall have the sole right to elect which provision remains in force.
AccountSend.com reserves all rights afforded to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
19. Termination & Cancellation
We may terminate your access to our Site and Service at our discretion without explanation, though we will strive to provide a timely explanation in most cases. Our liability for refunding you, if you have paid anything to us, will be limited to the amount you paid for goods or services which have not yet been and will not be delivered, except in cases where the termination or cancellation was due to your breach of this Agreement, in which case you agree that we are not required to provide any refund or other compensation whatsoever.
Under no circumstances, including termination or cancellation of our Service to you, will we be liable for any losses related to actions of other Users.
20. Assignment of Rights
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
We may amend this Agreement from time to time. When we amend this Agreement, we will e-mail you, if your email address is registered, that there has been a change and update this page accordingly. Your continued use of our Service shall constitute your acceptance of any such amendments.
22. California Users and Residents
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about AccountSend.com must be addressed to our agent for notice and sent via certified mail to that agent. For our agent’s most current contact information, please send a request info@AccountSend.com.com. Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Children Under the Age of 18
Our Website is not intended for children under 18 years of age. No one under age 18 may provide any personal information to or on the Site. We do not knowingly collect personal information from children under 18. If you are under 18, do not use or provide any information on this Website or on or through any of its features, make any purchases through the Site, use any of the interactive or public comment features of this Site or provide any information about yourself to us, including your name, address, telephone number, e-mail address or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 18, please contact us at info@Accountsend.com.com
At Accountsend.com we care about your privacy. We do not sell or rent your personal information to third parties. We do not disclose it to others except as required to provide you with the services of the Accountsend.com.com website (“Site”), meaning – to allow you to buy, sell, share the information you want to share on the Site, pay for products, post reviews and so on.
We collect information that you provide us or voluntarily share with other users, and also some general technical information that is automatically gathered by our systems, such as IP address, browser information and cookies to enable you to have a better user experience and a more personalized browsing experience.
Information that you provide us in the process of the registration will remain private and secure – including your contact information.
Information that you choose to publish on the site (photos, videos, text, music, reviews, deliveries) – is no longer private, just like any information you publish online.
Technical information that is gathered by our systems, or third party systems, automatically may be used for Site operation, optimization, analytics, content promotion and enhancement of user experience. We may use your information to contact you – to provide notices related to your activities, or offer you promotions and general updates, but we will not let any other person, including sellers and buyers, contact you, other than through your user login.
The Longer Version
Information We Collect
When you register to the Site we ask you to provide certain personal information, including a valid email address, location and username. We may collect additional information such as physical address and additional authentication information, to provide you with the services you need (such as payment or withdrawal of funds, sending physical goods), or to ensure the marketplace integrity (for example, prevention of fraud). We collect information to provide better services and enhanced user experience to all of our Users.
In addition, we collect information while you access, browse, view or otherwise use the Site. In other words, when you access the Site we are aware of your usage of the Site, and may gather, collect and record the information relating to such usage, including geo-location information, IP address, device and connection information, browser information and web-log information, and all communications recorded by Users through the Site. We use that information to enhance user experience, personalize your browsing experience as well as monitor the Site for fraud and inappropriate content or behavior. We may also collect supplemental information obtained from third parties such as demographic and navigation data.
Additionally, in order to improve your online experience at Accountsend.com, we have implemented impression reporting. While you view our ads, we may gather user Global Unique Identifier, http request data like, user agent, ip, host, url, country/continent from which request made, browser info, device/operating system/operating system version.
Once you register, your username and additional information regarding your activity is made public and is visible to all Users of the Site. This information includes photos you upload, your published portfolio, Gig information, ratings, and additional information you may choose to add to your profile.
How do we collect Information?
How do we use the Information collected?
We retain information as long as it is necessary and relevant for our operations. In addition, we may retain personal information from closed accounts to comply with the law, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigation, enforce our Site terms and take other actions permitted by law.
Sharing Personal Information with Third Parties
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent.
We may combine your personal information with information we collect automatically or obtain from other companies and use it to improve and personalize our services, content and advertising. If you do not wish to receive marketing communications from us, you can opt-out through the link attached to each communication or by sending an email to info@Accountsend.com.com
We may provide your personal details to third parties, only in order to operate the Site, and prevent fraud and illegal activities, as detailed below:
- to service providers for the purpose of opening, operating and servicing your account (example – payment vendors, CRM systems, mailing systems or technical consultants);
- to respond to a subpoena or court order, judicial process or to regulatory authorities; and
Cookies and Local Storage
You may set your browser to block all cookies, including cookies associated with our services, or to indicate when a cookie is being set by us. Information on deleting or controlling cookies is also available at www.aboutcookies.org (note that this website is not provided by Accountsend.com, and we therefore cannot ensure its accuracy, completeness or availability). It is important to remember that many of our services may not function properly if your cookies are disabled. For example, cookies may, in certain cases, save you from the need to enter usernames and passwords, and allow session continuity
We take great care in maintaining the security of the Site and your information and in preventing unauthorized access to it through industry standard technologies and internal procedures. However, we do not guarantee that unauthorized access will never occur.
Users who have registered to the Site agree to keep their password in strict confidence and not disclose such password to any third party.
Third Party Sites
Your California Privacy Rights
California Civil Code Section § 1798.83 permits California residents that are users of our Site to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an e-mail to info@Accountsend.com.com
Updating Your Information
We take steps to ensure that the personal information we collect is accurate and up to date, and we provide you with the opportunity to update your information through your account profile settings. In the event that you believe your information is in any way incorrect or inaccurate, please let us know immediately. We will make sure we investigate the matter and correct any inaccuracies as quickly as possible where necessary or give you ways to update it quickly or to delete it – unless we have to keep that information for legitimate business or legal purposes. When updating your personal information, we may ask you to verify your identity before we can act on your request. If for any reason you have a problem with deleting your personal information please contact us and we will make reasonable efforts to delete any such information pursuant to any applicable privacy laws.
You can review and change your personal information by logging into the Site and visiting your account profile page.
You may also send us an e-mail at info@Accountsend.com.com to request access to, correct or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
If you delete your User Generated Content (“UGC”), as defined in the Accountsend.com Terms Of Service, from the Site, copies of your UGC may remain viewable in cached and archived pages, or might have been copied or stored by other Site users. Proper access and use of information provided on the Site, including UGC, is governed by our Terms of Service.
We reserve the right to change this policy at any time, so please re-visit this page frequently.
In the event we go through a business transition such as a merger, acquisition, bankruptcy, or sale of all or a portion of our assets, your information may be among the assets transferred.
Got any Questions?