Terms of Service
Welcome to Cheqbook, where accounting is simply done.
Although we would also like to make legal documents simply done, our attorneys forbid this. By clicking on the “accept” button, you are representing to us that you have read all of the Terms of Service and agree to be bound by them.
You understand that we reserve the right to amend the Terms from time to time without notice to you and to terminate your subscription at any time if we believe that you are violating or failing to comply with any of these Terms.
The word “software” includes our accounting software that you will be using based on the type of product you choose, and any updates, tools, web-based services or other programs provided by us. “Software” also includes other services provided by us, such as archiving, as well as the services provided by third party service providers.
YOUR USE OF THE SOFTWARE
We are granting you a limited license to use our software provided that you complete the Online Registration Process and comply with all of the Terms. This license allows you to use our software at various levels of free and/or paid subscriptions. How much of our software you will be entitled to use and the other services that we will provide to you will depend on which product you choose. For more information on our products, subscription rates, services provided, and limitation on use of our software, please refer to the website and specifically to your own account information.
YOUR ONLINE REGISTRATION
To subscribe to our Software you must complete all of the required information in the Online Registration application form, including your electronic acceptance of the Terms, and we must then accept such Online Registration.
You understand and acknowledge that we may in our sole discretion reject your Online Registration and we are not required to provide you any reason and/or explanation for such rejection.
It is important that you understand and accept the restrictions imposed by us when you use our software.
➢ Other than the limited license that we are giving you to use our software, you have not been given, nor may you ever make any claim to, or use in any way, any other legal or equitable right we have in and our software or to any our copyrights, patents, trademarks, trade names, trade logos or any other intellectual property rights (these rights are referred to as “Proprietary Rights”).
➢ You will not infringe our Proprietary Rights, and you will not infringe the Proprietary Rights of any third party that we work with to provide our software to you.
➢ All restrictions stated in these Terms are binding on you or any authorized user of yours who uses our software.
➢ If you are not willing to comply with any changes to the Terms, including any increase in subscription fees, we will downgrade your subscription to an Archive Account. Please refer to these this Agreement regarding the terms and conditions of Archived Accounts. If we in our sole discretion believe that you are violating any of the Terms, we may impose further restrictions on your account, including any right to access an Archived Account, in accordance with Section 10 of this document.
➢ You understand that we reserve the right to terminate your subscription at any time with or without cause. If we terminate your subscription, you will be able to access your information subject to our archiving policies and procedures discussed below.
➢ Upon notice to you from time to time and at any time, we may increase the monthly subscription fee for use of our software, and may change other services provided to you. We will notify you of all of these changes prior to making these changes. If you do not wish to pay the increased monthly subscription fee or are unhappy with any of the changes in services provided to you, you may terminate your subscription by giving notice to us. If you do not give notice to us, we will assume that you have accepted the increased monthly subscription fee or change in service, and we will effect the change in service and/or continue to provide your subscription to you at the higher monthly subscription fee.
➢ You may not access and/or use our software in violation of any Federal, State or local municipality laws, rules or regulations.
➢ You may not resell, distribute, or otherwise use any of our software on any basis except as specifically provided for in the Terms;
➢ You may not modify, alter or remove in any way, directly or indirectly, or attempt to modify, alter or remove in any way, directly or indirectly, any notices of any Proprietary Rights, Copyright Management Information as the same is defined under the Digital Millenium Copyright Act, from the Software.
➢ You may not access and/or use our software in any manner that, in our sole determination, disables, damages or otherwise interferes with our website, software or any proprietary right.
➢ You may not decompile, reverse engineer or otherwise try to decompile, reverse engineer or decipher directly or indirectly any code or any part of our software or other intellectual property of ours.
➢ We are not responsible for any content or communication made by you in connection with your access and use of our software, and you will indemnify, defend and hold us harmless from and against any and all claims by third parties relating to the use, access or publication of such content or communication made by you. We may in its sole discretion take any action it deems necessary or appropriate regarding such content or communication at any time and without notice to you.
OUR THIRD PARTY SERVICE PROVIDERS
THIRD PARTY SERVICE PROVIDER REQUIREMENTS
As part of our contracts with our providers, we must have you agree to the following terms, which are for the benefit both us and our providers:
➢ Provide accurate information. You agree to provide true, accurate, current and complete information about yourself and your accounts maintained at other web sites accessed by any provider, and you agree to not misrepresent your identity or your account information. You agree to keep your account information up to date and accurate.
➢ Proprietary rights. You are permitted to use content delivered to you through us and our providers only as set forth in these Terms. You may not copy, reproduce, distribute, or create derivative works from this content. Further, you agree not to reverse engineer or reverse compile any of the service technology, including but not limited to, any Java applets associated with our software.
➢ Content you provide. You are licensing us and our providers your information, data, passwords, materials and other content (collectively, “Content”) you provide through or to any us or any provider, who may use, modify, display, distribute and create new materials using such Content to provide our software to you. By submitting Content, you automatically agree, or promise that the owner of such Content has expressly agreed that, without any particular time limit, and without the payment of any fees. We and our providers may use the Content for the purposes set out above. As between us and our providers, we own your confidential account information.
➢ Third party accounts. By using the service, you authorize us and our provider to access third party sites (such as bank’s or credit card company’s site) designated by you, on your behalf, to retrieve information requested by you, and to register for accounts requested by you. For all purposes hereof, you hereby grant us and our providers a limited power of attorney, and you hereby appoint us and your providers as your true and lawful attorney-in-fact and agent with full power of substitution and re-substitution, for you and in your name, place and stead, in any and all capacities, to access third party internet sites, servers or documents, retrieve information, and use your information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN WE OR OUR PROVIDERS ACCESSES AND RETRIEVES INFORMATION FROM THIRD PARTY SITES (SUCH AS A BANK OR CREDIT CARD COMPANY), WE AND OUR PROVIDERS ARE ACTING AS YOUR AGENT, AND NOT THE AGENT OR ON BEHALF OF THE THIRD PARTY WHOSE SITE IS BEING ACCESSED.
➢ You agree that we and our providers shall be entitled to rely on the foregoing authorization, agency and power of attorney granted by you. You understand and agree that the service is not endorsed or sponsored by any third party account providers accessible through the service.
➢ Indemnification. You agree to protect and fully compensate us and our providers, and our and their affiliates from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys fees) caused by or arising from your use of the software, your violation of these Terms or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone. You agree that our providers are third party beneficiaries of the above provisions, with all rights to enforce such provisions as if such providers were a party to this Agreement.
WARNING AND SPECIAL ABUSE FEES
Cheqbook’s use of third party data providers is available only to users who are accessing their own accounts or those they are authorized to access – for example as a bookkeeper or employee. Users may not use the third party data services to access bank data unless they have legal authority to do so. USERS WHO ABUSE OUR THIRD PARTY SERVICE PROVIDERS BY ACCESSING BANK DATA OR ATTEMPTING TO ACCESS BANK DATA (AKA CREDENTIAL VERIFICATION) FOR ACCOUNTS THEY HAVE NO LEGAL RIGHT TO ACCESS MAY BE CHARGED SPECIAL ABUSE FEES OF UP TO $1,000 PER OCCURRENCE. In addition user account access will be terminated. Such abuse creates expensive, time consuming compliance problems for us including necessary referrals to law enforcement, third party data providers, and others.
DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF OUR SOFTWARE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE IS AT YOUR SOLE RISK. ALL OF THIS INFORMATION, PRODUCTS AND OTHER CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE AND OUR PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON INFRINGEMENT. WE AND OUR PROVIDERS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SOFTWARE WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR OUR PROVIDERS THROUGH OR FROM OUR SOFTWARE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
LIMITATION OF LIABILITY. YOU AGREE THAT NEITHER US NOR ANY OF OUR PROVIDERS, NOR ANY OF THEIR AFFILIATES, WILL BE LIABLE FOR ANY HARMS, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF WE OR OUR PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE OUR SOFWARE; (ii) THE COST OF GETTING SUBSTITUTE SOFTWARE OR OTHER PRODUCTS TO READ OR DOWNLOAD YOUR INFORMATION OR DATA WE CREATE FOR YOU, (iii) ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM OUR SOFTWARE; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANYONE FROM US OR OUR PROVIDERS; (vi) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF ANY PROVIDER SITE, EVEN IF THE PROVIDER HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES; OR (vii) ANY OTHER MATTER RELATING TO OUR SOFTWARE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN CHEQBOOK AND CUSTOMER. YOU UNDERSTAND AND AGREE THAT WE WOULD NOT BE ABLE TO HAVE PROVIDED THIS SOFTWARE OR SERVICES WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT, HOWEVER, SHALL OUR OR OUR PROVIDERS’ TOTAL LIABLITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT OF TWO HUNDRED FIFTY DOLLARS ($250).
OTHER WEBSITE LINKS
Our software may contain or reference links to third party websites. Some of these links may be provided as a convenience only. We have not reviewed the linked websites and are not responsible for the content or availability of any of these linked websites. In no event will we or our providers be liable for any information contained in such third party websites or for your use, or inability to use, such websites. You agree that any linked website may require different terms and conditions than found in these Terms or have privacy and/or confidentiality policies that differ from those set forth in this Agreement. Neither us nor our providers shall be responsible for such provisions, and expressly disclaim any liability for them.
USE OF FEEDBACK INFORMATION
We may provide you with a means to provide us with feedback, criticism, suggestions and ideas aimed at improving our software (“Feedback Information”). When you give us Feedback Information, you are also giving a perpetual, worldwide, fully transferable, irrevocable, royalty free license to use, reproduce, modify, create derivative works from, distribute and display the Feedback Information in any manner and for any purpose.
CONSENT TO CONDUCT BUSINESS ELECTRONICALLY
We may be required by law to send “Communications” (as defined below) to you that may pertain to our software, the use of information that you may submit to us and/or to any provider. Also, one or more of our may require Communications with the third parties. You agree that we, on our behalf, as well as any of our providers, may send Communications to you by email or may make Communications available to you by posting them at one or more of our sponsored websites, such as www.cheqbook.com. You hereby consent to receive these Communications electronically. For purposes of these Terms, the term “Communications” means any notice, record, agreement, or other type of information that is made available to you or received from you in connection with our software and any services provided by our providers.
The decision whether to do business electronically is yours, and you have considered whether you have the required hardware and software capabilities described below. Your consent to do business electronically, and our agreement with you to do so, applies to these Terms, our Software and the services of any our providers.
In order to access and retain an electronic record of Communications, you will need: a computer, a monitor, a connection to an Internet service provider, internet browser software that supports 128-bit encryption, and an e-mail address. By clicking the Accept button, you are confirming to us that you have each of these and the means to access, and to print or download, communications. We do not provide ISP services. You must have your own Internet service provider.
If you at a later date decide that you do not want to receive future Communications electronically, write to us at:
33 Lono Avenue, Suite 450
Kahului, HI 96732
In order to provide you with the Communications, you agree to notify us promptly of any change in your email address. You can do so by logging on to www.cheqbook.com and following the instructions.
We also understand that you may need the use of our software to access your data even after your subscription is ended. To assist you with this, we offer the opportunity to archive the data of the Books you maintained while subscribing to our software. Archiving will allow you to read transactions and print reports from your Books, without any charge, whether or not you have a free or paid subscription. This will allow you to retain your books and records for tax or legal reasons long after you’ve ceased doing business or otherwise stopped using Cheqbook for your accounting needs.
Unless your subscription was terminated for cause (ie., you breached one or more provisions of these Terms), your Books will be archived for a period of at least seven years from the date your subscription expired or your account was otherwise terminated.
There are, however, certain restrictions on archived data. Any additional users you have granted access to a set of Books will no longer have such access. All of the links to your bank or credit card accounts will be severed. And you will no longer be able to make any changes to the data as it existed when your subscription expired or was terminated.
If your subscription is unpaid for any period of time, we may automatically archive your Books, and you may have to pay us a fee (including all unpaid subscription fees), to un-archive your Books. There may also be a period of time for us to un-archive your Books. We also reserve the right to limit how often and how many times you may archive any of your Books. Despite these restrictions any use of this long term storage feature in a manner that circumvents your monthly subscription fees is a violation of these terms of service.
If you breach any of these Terms, we reserve the right, at our discretion, to either charge you a fee to archive your Books, or to deactivate your account and data. In the latter case, you will be given a short period of time to retrieve your data, at which point it will be deleted from our server.
We reserve the right to alter, amend or eliminate any provision in these Terms, including our archiving policy. Should for some unforeseen reason we need to delete or remove your data, we will reach out to you prior to this using the email address associated with your account and explain your options at that time.
HAWAII TAX DEPARTMENT CERTIFICATION
By clicking the “Accept” button, you are making the following certification to the Hawaii taxing authority:
Pursuant to Hawaii Revised Statutes sections 231-6, 237-29.5, 237-29.53, or 244D-4.3, I certify that the name, address and entity type information I have provided are true and correct and that until this certificate is revoked in writing or other means by me, Cheqbook, or the Hawaii Department of Taxation it shall apply to these Terms. Cheqbook must remit the tax due on the sale of its subscriptions, as imposed by Chapters 237 and 244D, HRS, to the Hawaii State Department of Taxation if the subscriptions were not resold, consumed, or used outside Hawaii. If I have a non-Hawaii address but am using Cheqbook’s software for Books of any person or company residing in Hawaii, I will revoke this exemption by emailing Cheqbook at email@example.com.
These Terms constitute the entire agreement between you and us relating to the subject matters referred to herein and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of these Terms will be binding unless in writing and signed by us. These terms will be governed by and construed in accordance with the laws of the State of Hawaii, excluding its conflict of law principles. If for any reason a court of competent jurisdiction finds any provision, or a part hereof, to be unenforceable, the rest of these Terms shall continue in full force and effect. In any legal action taken to interpret or enforce any of these Terms, the court or arbitrator shall award to the prevailing party his reasonable attorneys’ fees and costs in accordance with Hawaii law. If there is a dispute regarding the terms or performance of these Terms, you or us may submit the dispute to mediation under a dispute resolution agency with representation on the island of Maui, State of Hawaii. If mediation fails to resolve such dispute, then either party may submit the dispute to Dispute Prevention Resolution, Inc. (“DPR”) in accordance with DPR’s rules then in effect and with Haw. Rev. Stat. Chapter 658A. The arbitration shall be conducted on Maui, Hawaii before a single arbitrator. The arbitrator shall limit discovery, motions, briefs and hearings to reflect the economic nature of the dispute. You and us will initially split the costs of the mediator and the arbitrator, but the arbitrator may award one of us his share of such costs if that party is the prevailing party. Notwithstanding anything herein to the contrary, if we believe that you are violating any of these Terms to the extent that an injunction is desirable, we may file an injunction in the 2nd Circuit Court of the State of Hawaii; such injunctive action will not affect the requirement to otherwise resolve the dispute by arbitration. Both of us consent that personal jurisdiction over either of us may be effected by service of process by registered or certified mail, or email.
In connection with your use of this Website, you acknowledge and consent to the taping or any other form of electronic recording or transmission of any communication, electronic or otherwise, between you and Cheqbook or its representatives or agents. You acknowledge and consent to any recording, retention, transmission and/or use by Cheqbook (and its employees, representatives and agents) of all information and data that you input during your use of the Website or during any communication.
NON-PERSONALLY IDENTIFIABLE USER INFORMATION
For each visitor to our websites, we collect non-personally-identifiable information including IP address, profile information, aggregate user data, preferences, technical session information, & browser type. This data is used to manage the website, track website usage, provide context for referring traffic sources, and improve overall website performance. This non-personally-identifiable information may be shared with third-parties to provide more relevant services and advertisements to visitors, to understand how anonymous users interact with our website after seeing Cheqbook advertisements on 3rd party websites, to identify & retarget advertisements to past website visitors, & to optimize the performance of our advertising campaigns. User IP addresses are recorded for security and monitoring purposes. If you arrived at our website via a link from another webpage, we may receive aggregate or otherwise anonymous statistical information about your visit to our site. We monitor customer traffic patterns and site usage to help us develop the design and layout of the site, and to improve the content of our website to better match the interests of our website users.
One or more of our third party advertising partners employ a software technology called Web Beacons that helps us better manage content on our site by informing us what content is effective. Web Beacons are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of Web users. In contrast to cookies, which are stored on a user’s computer hard drive, clear gifs are embedded invisibly on Web pages and are about the size of the period at the end of this sentence. We do not tie the information gathered by clear gifs to our customers’ personally identifiable information.
AD SERVERS, THIRD PARTY ADVERTISING & WEBSITE ANALYTICS
We serve 3rd party advertisements to you while using our website, Cheqbook.com. We work with Website analytics & advertising partners, including Google, Doubleclick, AdRoll, Commission Junction & Facebook, to deliver Cheqbook advertisements on 3rd party publisher websites – these partners may set cookies on your computer’s web browser. These cookies allow our partners to recognize your computer so that the ad server can show you Cheqbook advertisements elsewhere on the Internet, and so that our analytics software can measure your engagement & interactions while using Cheqbook.com. In this way, ad servers may compile anonymous, non-personally identifiable information about where you, or others who are using your computer, saw our advertisements, whether or not you interacted with our advertisements, and actions performed on subsequent visits to Cheqbook.com. This information allows an ad network to deliver targeted advertisements that they believe will be of most interest to you, and it allows Cheqbook to optimize the performance of our advertising campaigns and the usability of our website. In other words, we use analytics data in concert with data about our online ads that have been shown using the Google Display Network, DoubleClick for Advertisers, or other online advertising networks. Thus, an we can understand how anonymous users interacted with our website after seeing our ads.
3rd PARTY WEBSITE FEATURES
We use Facebook Like button to enable our website users to easily “Like” content found on Cheqbook.com, and thereby share this content with their Facebook Friends. Please see Facebook’s Data Use Policy for more on the type of data tracked by Facebook via this feature.