The following terms (“Terms of Use”) constitute an agreement between Brightwater Accounting, LLC, an Illinois limited liability company (“BWA”), and the user (“You”) that governs Your use of this website and all of its associated services, content and functionality. This policy applies to the website administered by BWA, located at https://brightwateraccounting.com (“Website”). BWA offers the following for purchase: downloadable forms, checklists, spreadsheets, and templates (collectively, the “Products”).
Your use of the Website constitutes Your acceptance of, and agreement to the following Terms of Use. BWA reserves the right to modify, alter, amend or update its Website, policies and these Terms of Use. These Terms of Use are subject to change without notice. If You do not agree with or do not accept any part of these Terms of Use, You must not use the Website or purchase the Products.
Disclaimer
BWA has made every effort to ensure the Products have been tested for accuracy. There is no guarantee that You will see positive results to Your business using the techniques and materials provided by BWA. BWA assumes no management responsibility for Your decisions or for policies or practices that You implement.
Any statements related to income or earnings potential, regardless of medium, are examples of what may be possible in the future. BWA makes no guarantees regarding results, present or future. BWA is not responsible for Your earnings, income, sales, or any other business performance as a result of this Agreement.
Your Responsibility
The Products were developed strictly for educational purposes. You understand and agree that You are fully responsible for Your use and results from the Products. BWA makes no representations, warranties or guarantees. You understand that results may vary from person to person. You understand that BWA is not responsible for Your results or any expenses that You may incur as a result of Your purchase. BWA assumes no responsibility for errors or omissions that may appear in the Products.
Purchase Policies
All Products are delivered virtually, through hyperlinks to the purchased items. You will receive links on your confirmation purchase page and via email to the email that You use during registration. We reserve the right to limit the number of times that any Products may be downloaded. Please save all Products after downloading to ensure that You will have continued access to the products.
All Products are in either a Microsoft Office or PDF format. We are not able to deliver these forms in alternate formats. You may personally reuse the Downloadable Forms without restriction. BWA grants You a non-exclusive, non-transferable right to use the Products You purchased. You shall not license, sublicense, sell, resell, transfer, assign, distribute, other otherwise make available this Product to any third party, other than the signatory of any purchased agreement or an attorney if you are seeking legal advice.
No refunds are available on the Products. If You experience an issue with your Products, please email hello@brightwateraccounting.com and we will respond to you within two business days.
Privacy
What Personal Information Does BWA Collect and How Is This Personal Information Used?
BWA may receive and store information that You voluntarily submit through the Website for the purpose of subscribing to the Website to receive BWA’s newsletters, to leave comments on blog posts, or to purchase Products.
BWA may receive and store certain types of usage-related information when You interact with the Website, including but not limited to, Your computer’s IP address and browser information. The information we collect is used to customize the content and/or layout of our page for each individual visitor. With respect to cookies: we use cookies to store visitors’ preferences, record user-specific information on what pages users access or visit, ensure that visitors are not repeatedly sent the same banner ads, customize Website content based on visitors’ browser type or other information that the visitor sends.
Third-Party Use of Personal Information
BWA may provide personal information to an applicable third party in order to provide services. BWA uses the services of MailChimp for delivery of email updates. MailChimp’s use of Your personal information is subject to MailChimp’s privacy policy.
Will BWA Share the Personal Information It Collects?
BWA will not sell, distribute, or reveal users’ email addresses or other personal information without their consent.
Modification or Deletion of Personal Information
You can decline to submit personal information at any time. If You decline, BWA may not be able to continue to provide service to You. You may request deletion of Your personal information by sending an email to hello@brightwateraccounting.com, but in some cases, we may be required to keep Your information by law. In such a case, it would no longer be active and would be kept separately in an archive.
Registration & Restricted Access
Access to certain areas of the Website may be restricted. BWA reserves the right to restrict areas of the Website at its sole discretion.
Some restricted areas of the Website may be made available to You as a registered user. When You are registered, You are required to create a user profile, which may include a username and password. You agree to keep Your username and password confidential. If You suspect your password has been compromised, You must notify BWA immediately at hello@brightwateraccounting.com. BWA will not be liable for any loss caused by the unauthorized use of Your account; however, You may be liable to BWA or other third parties for any losses incurred due to such unauthorized use.
BWA may disable Your username and password at its sole discretion.
BWA reserves the right to modify methods for registration and access levels of registered users from time to time.
Ownership of Materials
All original materials provided by BWA as part of the Products are owned by BWA. Any original materials are provided for Your individual use only. You are not authorized to use or transfer any of BWA’s intellectual property. All intellectual property remains the property of BWA. No license to sell, distribute, reproduce, prepare a derivative work, display or perform is granted or implied. BWA will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.
Use of the Website
Unless otherwise stated, BWA owns the intellectual property and rights to all content and material on the Website. Subject to the license below, all intellectual property rights are reserved.
You may view, download (for caching purposes only), and print pages for Your personal use, subject to the restrictions set out below and elsewhere in these Terms of Use.
The following uses are not permitted:
- Republication of content from the Website, unless content is specifically and expressly made available for republication;
- Sale, rental, or sub-license of any content from the Website;
- Reproduction or duplication of any content on the Website for commercial purposes;
- Modification of any content on this website, unless content is specifically and expressly made available for modification;
- Redistribution of any content of the Website, unless content is specifically and expressly made available for redistribution.
From time to time, the Website will utilize various plugins or widgets to allow sharing of content via social media channels, email or other methods. Use of these plugins or widgets does not constitute any waiver of BWA’s intellectual property rights. Such use is a limited license to republish the content, with full credit to BWA.
You must not use the Website in a way that causes, or may cause, damage to the Website or impair the availability of access to the Website. You must not decompile, reverse engineer, disassemble or otherwise reduce the Website, except to the extent that such activity is expressly permitted by applicable law. You must not use the Website to copy, store, host, transmit, send, use, publish or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit and/or other harmful code or malicious software.
You must not conduct any systematic or automated data collection activities, including, but not limited to scraping, data mining, data extraction or data harvesting on or in relation to the Website without BWA’s express written permission.
You must not use the Website to transmit or send any unsolicited commercial communications.
You must not use the Website for any third-party marketing without BWA’s express written permission.
Intellectual Property
Certain of the names, logos, and other materials displayed in the Products constitute BWA’s intellectual property, including, but not limited to, patents, trademarks, service marks, trade secrets and copyrights (“BWA IP”). You are not authorized to use any BWA IP without BWA’s express consent. Ownership of BWA IP remains with BWA and You agree not to make any claims or assertions of any other party’s ownership of BWA IP.
Copyright
Unless otherwise noted, the design, content and all components of the Website are copyrights owned by BWA or third parties and are protected by United States and international copyright laws.
Grant of Rights
You grant BWA a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute any content You contribute to the Website. This includes, but is not limited to, text, images, audio material, video material and audio-visual material. This license extends to all known and future media. You also grant BWA the right to sub-license these rights and the right to bring an action for infringement of these rights.
Equitable Relief
You acknowledge and agree that in the event of certain breaches of the Terms of Service, BWA may suffer irreparable injury, such that no remedy at law will afford it adequate protection against, or appropriate compensation for, such injury. Accordingly, You agree that BWA shall be entitled to any injunctive relief, without having to post a bond, as may be granted by a court of competent jurisdiction.
Prohibited Content
Any content You contribute to the site, including, but not limited to text, images, audio material, video material and audio-visual material, must not be illegal or unlawful, may not infringe on any third-party’s legal rights, and must not be capable of giving rise to legal action whether against You or BWA or a third party. BWA reserves the right to edit or remove: (i) any material submitted to the Website; (ii) stored on BWA’s servers; or, (iii) hosted or published on the Website. BWA takes no responsibility and assumes no liability for any content posted by You or any third party.
Notwithstanding BWA’s rights under the Terms of Use, BWA does not undertake to monitor the submission of all content to, or the publication of such content on, the Website.
Communication – Electronic Notice
If You send BWA an email, register to use the Website or provide your email to BWA in any other way, You consent to receive communications from BWA electronically. You agree that all legal notices provided via electronic means from BWA satisfy any requirement for written notice.
Third Parties
The Website contains links to third-party websites that are not governed or controlled by BWA. You represent and warrant that You have read and agree to be bound by all applicable Terms of Use and policies for any third-party website that relates to Your use of the Website. BWA assumes no control or liability over the content of any third-party sites. You expressly hold harmless BWA from any and all liability related to Your use of a third-party website.
Prior to engaging in any commercial transactions with any third parties discovered through or linked on the Website, You must complete any necessary investigation or due diligence. If there is a dispute for any commercial transactions with a third party discovered through or linked on the Website, You expressly hold BWA harmless from any and all liability in any dispute.
No Warranties
The Website and Products are provided on an “as is” and “as available” basis without any representations or warranties, expressed or implied. BWA makes no representations or warranties in relation to the Website, the Products, or the information and materials provided therein.
BWA makes no warranty the Website will meet your requirements; will be available uninterrupted; timely and free of viruses or bugs; or represents the full functionality, accuracy, and reliability of the Website. BWA is not responsible to you for the loss of any content or material uploaded or transmitted through the Website.
Limitation of Liability
BWA WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY KIND, HOWEVER CAUSED, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnity
You agree to defend, indemnify and hold BWA, its members, employees, officers, directors, managers and agents harmless from and against any and all losses, claims, suits, actions, liabilities, obligations, costs and expenses (including reasonable attorneys’ fees and expenses) which BWA suffers as a result of third-party claims based on: (i) Your negligence or intentional misconduct, (ii) Your breach of any provision of the Terms of Use (including representation or warranty); (iii) materials prepared or provided by You including, but not limited to, any claims of infringement, or misappropriation of copyright, trademark, patent, trade secret, or other intellectual property or proprietary right, infringement of the rights of privacy or publicity, or defamation or libel; or (iv) death, personal injury, or property damage arising out of, or relating to, Your obligations hereunder.
Miscellaneous
The Terms of Use will be governed and construed in accordance with the laws of the State of Nevada. Any controversy or claim arising out of or relating to the Terms of Use, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of any such arbitration shall be in or near Chicago, Illinois. The parties also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings. If any provision(s) of the Terms of Use is held to be invalid, illegal or unenforceable, the remaining provisions shall be severable and enforceable. If a provision is excessively broad, such a provision shall be limited or reduced in scope so as to be enforceable. The Terms of Use may not be assigned by you without BWA’s prior written consent, however, the Terms of Use may be assigned by BWA in its sole discretion. The Terms of Use are the final, complete and exclusive agreement of the parties with respect to the Website offered by BWA. The Terms of Use may not be altered or modified except by prior written agreement by the parties. All notices with respect to the Terms of Use must be in writing and may be via email to hello@brightwateraccounting.com for BWA and to your email address.