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Envision Bookkeeping Privacy Policy


This Privacy Policy shall be effective as of August 9, 2022.


This website is owned and operated by Envision Bookkeeping, LLC. (“Envision Bookkeeping”). We at Envision Bookkeeping respect and protect the privacy of visitors to our websites and the privacy of our customers. We respect and value the privacy of our clients and have developed this Privacy Policy to demonstrate our commitment to protecting your privacy. This Privacy Policy applies to and describes our information handling practices when you access our services, which include our content located on this website, or any other websites, pages, features, or content we own or operate (collectively, the “Site(s)”) or third-party applications relying on API, and related services (referred to collectively from now on as “Services”). This privacy policy (Policy) relates to your personal information concerning your use of and access to the Envision Bookkeeping Site and any Services provided.


1. Acceptance of terms of Privacy Policy

Our Privacy Policy applies to everyone who utilizes our Sites. You agree to this Privacy Policy by accepting Envision Bookkeeping’s Terms of Service by accessing, browsing, or using our Sites. Where we require your consent to process your personal information, we will ask for your consent to the collection, use, and disclosure of your personal information as described further below. We may provide additional “just-in-time” disclosures or information about the data processing practices of specific Services. These notices may supplement or clarify our privacy practices or provide you with other choices about how we process your data; if you do not agree with or are not comfortable with any aspect of this Privacy Policy, you should immediately discontinue access or use of our Services.


2. Types of Information that is collected

We collect several types of information about you and your business when you access our Sites.


Our Sites collect information that identifies, relates to, describes, and is reasonably capable of being associated with, or could well be linked, directly or indirectly, with a particular consumer, household, or device(“Personal Information”). Personal information does not include:

  • Publicly available information from government records.
  • De-identified or aggregated consumer information.


To establish an account and access our Services, we’ll ask you to provide us with some vital information about you. This information is required by law (e.g., to verify your identity), necessary to provide the requested services, or relevant for specific purposes. You may be asked to provide additional information as we add new features and services. Please note that we may not be able to serve you at all, or our Services may be degraded if you choose not to share certain information with us.


The documents and information collected are securely stored and safeguarded. To fulfill our service obligations to you, you provide your permission to share any information provided to or obtained by Envision Bookkeeping on your behalf with lenders, with other businesses who may need this information to fulfill its services to Envision Bookkeeping, for Envision Bookkeeping’s business purposes, or to meet regulatory or other legal requirements. Under no circumstances will we disclose, transmit, or share these documents without your permission unless being disclosed under legal and regulatory requirements which prohibit this notification.



4. How your information is collected & used

We collect and use your information for various reasons that support Envision Bookkeeping’s Sites and Services.


Information is collected at various points through our Site and Services, which are used primarily to process your Data or as described herein. We may also collect information via email, telephone, log files, cookies, web beacons, etc.


E-mail messages we send you may contain code that enables our database to track your usage of the e-mails, including whether the email was opened and what links (if any) were clicked. If you would rather not receive promotional emails from us, please see the “Choice/Opt-Out” section below. We reserve the right to send you certain communications relating to the Envision Bookkeeping services, such as service announcements and administrative messages, without offering you the opportunity to opt-out of receiving them. We may also contact you by telephone or text message (including to any wireless number you may provide to us) solely in connection with Envision Bookkeeping’s services. If you would rather not receive telephone calls or text messages from us, you may change or delete your number from your account preferences page(s) or ask to be removed from our contact list if you receive a call or text message from us. We fully comply with the requirements of the U.S. CAN-SPAM Act, the Telephone Sales Rule, and the Telephone Consumer Protection Act (TCPA).


To provide Envision Bookkeeping services: We process your information to provide the Services to you. As your bookkeeper, we may need to share your Data with certain bodies to fulfill our contracts with you, such as suppliers, contractors and sub-contractors, and potentially governmental and regulatory bodies. We use several cloud-based software providers to process and store electronic data, including personal data. Some of these cloud-based software providers you have provided as legacy providers, e.g., Microsoft, Quick Books, etc. (This list is not exhaustive and may contain various other cloud-based application software providers). These providers state they are GDPR compliant and apply equivalent/adequate safeguards.

 

To provide Service communications: We send administrative or account-related information to keep you updated about our Services, inform you of relevant security issues or updates, or provide other transaction-related information. Without such communications, you may not be aware of significant developments relating to your account that may affect how you can use our Services. You may not opt-out of receiving critical service communications, such as emails or mobile notifications sent for legal or security purposes;


To provide Customer service: We process your personal information when you contact us to resolve any questions, or disputes, collect fees or troubleshoot problems. Without processing your data for such purposes, we cannot respond to your requests and ensure your uninterrupted use of the Services;


For research and development purposes: We process your personal information to understand better how you use and interact with Envision Bookkeeping’s Services. In addition, we use such information to customize, measure, and improve Envision Bookkeeping’s Services and the content and layout of our applications and to develop new services. Without such processing, we cannot ensure your continued enjoyment of our Services;


To enhance your experience: We process your personal information to provide a personalized experience and implement the preferences you request. For example, you may choose to provide us with access to specific personal data stored by third parties. Without such processing, we may not be able to ensure your continued enjoyment of part or all of our Services;


To facilitate corporate acquisitions, mergers, or transactions: We may process any information regarding your account and use of our Services as necessary for corporate assets, mergers, or other corporate transactions. You can close your account if you do not wish to have your personal information processed for such purposes.


To maintain legal and regulatory compliance: Most of our core Services are subject to laws and regulations requiring us to collect, use, and store your personal information in specific ways. 


To enforce our terms in our Terms of Service: Envision Bookkeeping handles sensitive information, such as your financial data, so it is essential for our customers and us that we actively monitor, investigate, prevent, and mitigate any potentially prohibited or illegal activities, enforce our agreements with third parties, and prevent and detect violations of our posted user agreement or agreements for other Services;


To detect and prevent fraud: We process your personal information to help detect, control, and mitigate fraud and abuse of our services and to protect you against account compromise or information loss;


To ensure quality control: We process your personal information for quality control and staff training to ensure we continue providing you with accurate information. If we do not process personal data for quality control purposes, you may experience issues with the Services;


To ensure network and information security: We process your personal information to enhance security, monitor and verify identity or service access, combat spam or other malware or security risks, and comply with applicable security laws and regulations. The threat landscape on the internet is constantly evolving, which makes it more critical than ever that we have accurate and up-to-date information about your use of our Services. Without processing your data, we may not be able to ensure the security of our Services.


5. Disclosure of consumer information to third parties

We may disclose your personal information as required by law to provide the Services and for legitimate business purposes.

We may share your personal information by disclosing it to a third party for business purposes. We only make these business purpose disclosures under written contracts that describe the goals, require the recipient to keep the personal information confidential and prohibit using the disclosed data for any purpose except the agreement. We do not sell personal information.


Disclosure By Law. You acknowledge and agree that we may disclose information you provide if required to do so by law, at the request of a third party, or if we, in our sole discretion, believe that disclosure is reasonable too (1) comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law) and (2) protect or defend Envision Bookkeeping´s, or a third party´s, rights or property.

 

  • Service Providers. With service providers under contract who help with parts of our business operations. Our contracts require these service providers to only use your information in connection with the services they perform for us and prohibit them from selling your information to anyone else. Examples of the types of service providers we may share personal information with (other than those mentioned above) include:
  • Network Infrastructure
  • Cloud storage
  • Payment processing
  • Transaction monitoring
  • Security
  • Document repository services
  • Customer support
  • Internet (e.g., ISPs)
  • Data Analytics
  • Information Technology
  • Marketing


  • Other Companies. We plan to merge with or be acquired by companies or entities. You will receive prior notice of any change in applicable policies.


  • Professionals. With our professional advisors who provide banking, legal, compliance, insurance, accounting, or other consulting services to complete third-party financial, technical, compliance, and legal audits of our operations or otherwise comply with our legal obligations.


  • Miscellaneous. We may disclose your personal information for any purpose with which you consent.


6. Updating, accessing, retaining, and deleting your information

You may choose to update, access, or delete your data; however, we may be legally required to have your information to comply with the law.


You may update or access your contact information anytime by logging into your account and making any change or update. Any changes made will be updated immediately.


If you want to stop using your account, you may deactivate it. When you deactivate an account, your information will not be sent to any further lenders, brokers, or third parties, but the information will not be deleted. By deactivating your account, you will have the ability to restore the report in its entirety.


You may need Envision Bookkeeping to delete your information in certain circumstances upon submitting a request to Envision Bookkeeping. In certain circumstances, Envision Bookkeeping is legally required to maintain the information in your account. In these circumstances, Envision Bookkeeping will place your account into a deactivated status, opt you out of all communications, and disable your access to the report.


Suppose Envision Bookkeeping complies with your request to delete your account. In that case, the data you provide to Envision Bookkeeping will be retained by Envision Bookkeeping in a commercially reasonable manner and to comply with relevant lending laws. Once your account is deleted, Envision Bookkeeping will not share your information and will only use your data for internal research and Envision Bookkeeping marketing. Data that Envision Bookkeeping retains will be retained for a commercially reasonable period as determined by Envision Bookkeeping in conformance with applicable law.

We store your personal information securely throughout the life of your Envision Bookkeeping Account. We will only retain your personal information for as long as necessary to fulfill our collected purposes, including satisfying any legal, accounting, or reporting obligations or resolving disputes. While retention requirements vary by jurisdiction, information about our specific retention periods for different aspects of your personal information is described below.

  • Personal information collected to comply with our legal obligations under financial, consumer protection, and commercial credit laws may be retained after account closure for as long as required under such laws.
  • Contact Information such as your name, email address, and telephone number for marketing purposes are retained on an ongoing basis until you unsubscribe. After that, we will add your details to our suppression list to ensure we do not inadvertently market to you.
  • Content you post on our, such as support desk comments, photographs, videos, blog posts, and other content, may be kept after you close your account for audit and crime prevention purposes (e.g., to prevent a known fraudulent actor from opening a new tab).
  • Recording our telephone calls with you may be kept for up to six years.
  • Information collected via technical means such as cookies, web page counters, and other analytics tools is kept up to one year from the cookie’s expiry.


7. Security

We have taken steps to protect your information in a commercially reasonable manner.


We have extensive security measures to protect against the loss, misuse, and alteration of the information stored in our database. These measures include using industry-standard encryption methods, administrative access to site data, and other proprietary security measures applied to all repositories and transfers of user information. We will exercise reasonable care in providing secure transmission of information between your computer and our servers. Still, given that no data transmitted over the Internet can be guaranteed 100% secure, we cannot ensure or warrant the security of any information transmitted to us over the Internet and accept no liability for any unintentional disclosure. For further information, please see our Terms of Service.

 

Our employees and contracted personnel are bound to our privacy policies, procedures, and technologies which maintain the security of all your Data from the point of collection to the end of destruction. We retain Data security by protecting the confidentiality, integrity, and availability of your Data, including ensuring that the only people authorized to use your data can access it, making sure that your Personal Data is accurate and suitable for the purpose for which it is processed and by following established procedures for our authorized third-parties.


Envision Bookkeeping will notify you as soon as reasonably practicable if there is a data breach at Envision Bookkeeping. We will inform you of a violation and any additional information needed to fulfill our obligation with breach notification laws and regulations.


Do not share your account login and password with anyone else. Your account login and password are sensitive, and sharing your account information may lead to additional exposure to your account.


8. Choice / Opt-out of Marketing

You may choose to discontinue your use of our services. You may choose to stop receiving our newsletter or marketing emails by following the unsubscribe instruction included in these emails, or you can contact us at Andrew@envisiobookkeeping.net.


If, after signing up for our services, you decide you no longer wish to receive our services or future contact from us or other third parties to which your information has been referred, you may cancel your account as discussed herein.

Specific federal and state regulations require that we maintain a record of your information for specific periods. Due to these regulations, we may be unable to completely delete your information from our database until the time requirements of these regulations have expired.


9. Privacy Rights

You may be able to exercise certain rights regarding your personal information depending on state and federal laws.


Depending on applicable law where you reside, you may be able to assert certain rights related to your personal information identified below. If any of the rights listed below are not provided under law for your operating entity or jurisdiction, Envision Bookkeeping has absolute discretion in providing you with those rights.

Depending upon the applicable law, access may be denied: (a) when denial of access is required or authorized by law; (b) If you are a resident of a state that does not provide for this right; (c) when granting access would hurt another’s privacy; (d) to protect our rights and properties; or (e) where the request is frivolous or vexatious, or for other reasons.


  • Access and portability. You may request that we provide you with a copy of your personal information held by us. This information will be provided without undue delay, subject to a potential fee associated with the gathering of the data (as permitted by law) unless such provision adversely affects the rights and freedoms of others. In certain circumstances, you may request to receive your personal information in a structured, commonly used, and machine-readable format and to have us transfer your personal information directly to another data controller.


  • Erasure. You may request to erase your personal information, subject to applicable law. If you close your Envision Bookkeeping Account, we will mark your account in our database as Closed” but will keep certain account information, including your request to erase it, in our database for some time as described above. This is necessary to deter fraud by ensuring that persons who try to commit fraud will not be able to avoid detection simply by closing their account, opening a new account, and complying with Envision Bookkeeping’s legal obligations. However, if you close your account, your personal information will not be used by us for any other purposes nor shared with third parties, except as necessary to prevent fraud and assist law enforcement, as required by law, or by this Privacy Policy.


  • Withdraw consent. To the extent that processing your personal information is based on your consent, you may withdraw your consent at any time. Your withdrawal will not affect the lawfulness of Envision Bookkeeping’s processing based on consent before your departure.


  • Restriction of processing. In some jurisdictions, applicable law may give you the right to restrict or object to us processing your personal information under certain circumstances. We may continue to process your personal information if it is necessary to defend legal claims or for any other exceptions permitted by applicable law.


  • How to make a privacy request. You can request privacy rights about your personal information by contacting us at Andrew@envisiobookkeeping.net.


  • How to complain if you believe that we have infringed your rights? We encourage you to contact us at Andrew@envisiobookkeeping.net.


10. California Consumer Privacy Act

Some states have passed additional privacy laws for residents, which can be found below.


In addition to the rights provided above, the information contained in this section applies solely to those individuals who reside in the State of California. We adopt this notice to comply with the California Consumer Privacy Act of 2018 (CCPA), and any terms defined in the CCPA have the same meaning when used in this Policy. Effective January 1, 2020, under the California Consumer Privacy Act of 2018 (“CCPA”), California residents have certain rights about their personal information, subject to limited exceptions. Any terms defined in the CCPA have the same meaning when used in this California Privacy Rights section. For personal information collected by us during the preceding 12 months that is not otherwise subject to an exception, California residents have the right to access and delete their data. Envision Bookkeeping will not discriminate against those who exercise their rights. Specifically, if you exercise your rights, we will not deny you services, charge you different prices, or provide you with a different level or quality of services. Envision Bookkeeping does not sell or share your information in a manner that is contemplated by applicable California law. Should Envision Bookkeeping engage in any activities listed in this section, your ability to exercise, these rights will be available. You can exercise your rights by contacting us at andrew@envisiobookkeeping.net so that we may consider your request.

If you are a California resident, you may designate an authorized agent to make a request to access or a request to delete on your behalf. We will respond to your authorized agent’s request if they submit proof that they are registered with the California Secretary of State to be able to act on your behalf or submit evidence you have provided them with power of attorney under the California Probate Code section 4000 to 4465. We may deny requests from authorized agents who do not submit proof that they have been authorized by you to act on their behalf or are unable to verify their identity.


11. Special Notice to Vermont Residents

Vermont residents have access to additional limits on sharing their personal information, subject to certain exceptions. Vermont law places other limitations on sharing information about Vermont residents so long as they remain residents of Vermont. By Vermont law, we will not share information we collect about Vermont residents with companies outside of Envision Bookkeeping except: (1) As permitted by law; (2) To companies that perform marketing or other services on our behalf; (3) Name, contact and transaction and experience information to other financial institutions with which we have joint marketing agreements; or (4) With the authorization or consent of the Vermont resident. We also will not share non-transactional information about Vermont residents received from others except with the authorization or consent of the Vermont resident.


12. Notification of Privacy Policy Changes

We reserve the right to update this Privacy Policy and will notify you if so; however, we encourage you to review this policy for the latest information regularly.


We may update this privacy policy to reflect changes to our information practices. If we make any material changes, we will notify you by email (sent to the email address specified in your account) or using a notice on this Site. We encourage you to periodically review this page for the latest information on our privacy policy. When we make changes to this Privacy Policy, we will revise the revision date at the top of the Privacy Policy.



Terms of Service

This is a legal agreement between you and Envision Bookkeeping LLC, a California limited liability company (“Envision Bookkeeping”). By accessing this website, and any sub-sites of this website (together with the “Site”), and using any of the Services (as defined below) accessible through the Site, you become a user and agree to, and are bound by, the terms and conditions of this agreement and the Envision Bookkeeping Privacy Policy (collectively, “Terms”) for as long as you continue to use the Site or Services. IF YOU DISAGREE TO BE BOUND BY THE TERMS, DO NOT USE THE SITE OR THE SERVICES. Your use of, or participation in, certain Services may be subject to additional terms, and such terms will be either listed in the Terms or presented to you for your acceptance when you sign up to use such Services or purchase such products. Please check these Terms periodically for changes because we reserve the right, in our sole discretion, to change, modify, add or remove portions of these Terms. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes.


Envision Bookkeeping LLC operates this website (from now on, “Envision Bookkeeping,” “we,” “us,” and “our”). Envision Bookkeeping offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.


By visiting our site and utilizing our Services, you agree to be bound by the following terms and conditions (“Terms of Service,” “Terms”), including those additional terms and conditions and policies referenced herein and available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are customers, vendors, etc.

Please read these Terms of Service carefully before accessing or using our website. You agree to be bound by these Terms of Service by accessing or using any part of the site. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.


Any new features or tools added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website after posting any changes constitutes acceptance of those changes.


Please read this agreement carefully. It requires binding individual arbitration to resolve disputes rather than jury trials or class actions (for information about how to opt out, see Section 11.8 (30-day opt-out period) below).


These Terms of Use shall become effective as of August 9, 2022.


1. SERVICES

Envision Bookkeeping’s bookkeeping services are a solution for bookkeeping and financial organization. Envision Bookkeeping’s bookkeeping services and any related communications with us are not a substitute for and do not include legal, tax, financial, real estate, healthcare, or accounting advice. Envision Bookkeeping is not a public accounting firm.

Envision Bookkeeping engages in several business services (the “Services”) for which a customer may use the Site. Envision Bookkeeping reserves the right to cancel any portion of our Services at any time.


Envision Bookkeeping provides bookkeeping services that assist with the needs of a business (the “Bookkeeping Service”). The Bookkeeping Service is offered via a subscription term on a month-to-month basis. The Service begins on the date you sign up for the Bookkeeping Service and finishes on the final day of the month following receipt of cancellation. Services include, but are not limited to, QuickBooks clean-up, set-up, bank sync, training; source document management; accounts payables; accounts receivables; reconciliation of bank statements and credit card statements; review and adjustment of chart of accounts; referrals management; categorizing transactions; and virtual bookkeeping services.


All services are thru cloud-based technology using QuickBooks Online, Remote PC, or other hosted virtual desktops. Envision Bookkeeping does not offer audit reviews or attestation services. We are not a collection agency; therefore, we do not collaborate with customers with substantial outstanding balances that are past due. Also excluded is financial and tax advice.


MODIFICATIONS to the SERVICE and PRICES. Prices for our products are subject to change without notice. We reserve the right to modify or discontinue the Service (or any part or content thereof). We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.


Third-party services and Login Credentials. Our Services can automatically transfer data from other websites and services, like your bank account. If you provide us with login credentials (for example, an account name or number, password, answers to security questions (collectively, the “Login Credentials”)), you both (a) permit us, and limited power of attorney, to use them to log in to these other websites and services and access, transfer, reformat, and manipulate your account on your behalf; and (b) represent to us that you have the authority to give us this permission. We will maintain Login Credentials in encrypted form and only use them as described in this agreement.


Unauthorized uses of the Services. We may suspend or terminate the provision of the Services, in whole or in part, where we believe it is being used in a manner that breaches this agreement or creates the risk of personal injury, property damage, or legal liability for Envision Bookkeeping, you or any third party, or may cause Envision Bookkeeping to lose the services of one of our third-party service providers. You represent and warrant that any information you provide to us about your (or if you are acting on behalf of another, that person’s) business, products, or services is accurate and complete.


Modifications to the Services. We are constantly changing and improving our Services. We may add or remove functionality or features and suspend or stop part of the Services altogether.


Facilities and data transfer. All facilities that store and process data will adhere to reasonable security standards no less protective than the security standards at facilities where Envision Bookkeeping stores and processes its information of a similar type. As part of providing the Services, we may transfer, store and process Customer Data in the United States. You consent to this transfer, processing, and storage of Customer Data using the Services.


2. Cancellation of Bookkeeping Service

All cancellation requests for your paid subscription must be made by emailing. If your form of payment is declined, Envision Bookkeeping, at its discretion, can cancel the Bookkeeping Service.


3. Exclusivity

If you’re an Envision Bookkeeping customer, you acknowledge and agree that in performing the Services, Envision Bookkeeping must use, record, classify and reconcile your financial transactions and other data to prepare your books. For example, depending upon the Services, we may have to: (a) import transactions from your books to reconcile your bank accounts, (b) categorize transactions in your books to expense accounts and to balance sheet accounts for amortization purposes, and (c) sync your payroll data via the Gusto sync. Any modifications made by you or on your behalf (e.g., by a third-party service provider other than Envision Bookkeeping) to your books may adversely impact Services previously performed by us, causing Envision Bookkeeping to have to re-perform such Services to correct any resulting inconsistencies or inaccuracies or to confirm that there are no such inconsistencies or inaccuracies. To avoid these types of situations that are undesirable not only for us but also for you, you at this moment appoint Envision Bookkeeping as your exclusive third-party bookkeeper. Suppose you engage another third-party service provider to make changes to your books or otherwise make changes to your books directly. In contrast, you have engaged Envision Bookkeeping to provide the Services. In that case, we reserve the right to terminate your subscription upon written notice without a refund of prepaid fees for unelapsed months of the Services.


Your account is to be used only by you and only for your business needs. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Envision Bookkeeping is not responsible for third party access to your account that results from theft or misappropriation of your user name and passwords.


4. Non-Disclosure & Confidentiality

We will take every reasonable precaution to protect your account and account information. However, we cannot guarantee the security of any information you disclose. This includes sharing account information with any third party, including employees, contractors, vendors, suppliers, etc., of your business. You agree and acknowledge that the security of your data is your responsibility. Our Privacy Policy further governs your use of the Services.


5. Payment

Envision Bookkeeping will collect payment for the fees automatically via ACH. Prices are exclusive of taxes, which you’re responsible for if applicable. You, at this moment, authorize Envision Bookkeeping or its payment processor to initiate entries to your business bank checking accounts on file with Envision Bookkeeping (using your business address on file) to pay amounts that you owe to Envision Bookkeeping (including for any Renewal Terms as those payments come due), and, if necessary, to initiate adjustments for any transactions credited or debited in error. Envision Bookkeeping may immediately suspend the provision of the Services if your account is past due. Except to the expressly outlined in this Section 4 (Payment), all payments are non-refundable and non-creditable.


6. Term & Termination

This agreement will become effective upon your acceptance of the Terms by your use of the Site or Services and will remain perpetually unless terminated hereunder. Envision Bookkeeping may terminate your account at any time, for any reason or no reason, without explanation, effective upon written notice to the other party. Envision Bookkeeping reserves the right to immediately suspend or terminate your access to any of the Services, without notice, for any reason or no reason. We also reserve the right to refuse to remove your account information or data from our Services and any other records at any time to comply with legal and regulatory requirements. Suppose your access to any of the Services is suspended due to the breach of these Terms. In that case, you agree that all fees then paid to Envision Bookkeeping by you will be nonrefundable, and all outstanding or pending payments will immediately be due.


7. Intellectual Property & Ownership of Proprietary Information

Between the parties, you retain all intellectual property rights in your data, and we have all intellectual property rights in the Services. You grant us a limited license to use your data to provide, protect, and improve the Services. To perform research and development, we may retain anonymized, de-identified, and aggregated data protected by organizational and technical safeguards.


You now acknowledge and agree that Envision Bookkeeping is the owner of all rights in and to the Site and Services. Federal, state, and local laws and regulations protect these proprietary rights. You are permitted to use the Site and Services only as expressly authorized by these Terms. You may not copy, reproduce, distribute or create derivative works, reverse engineer or reverse compile any site, Service, or technology.


8. Warranty Disclaimer

TO THE FULLEST EXTENT PERMITTED BY LAW, Envision Bookkeeping, ITS AFFILIATES, AND ITS AND THEIR SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED “AS IS.” NO WARRANTY IS MADE THAT THE SERVICES OR RESULTS OF USE OF THE SERVICES WILL MEET YOUR NEEDS OR EXPECTATIONS, THAT THE SERVICES WILL BE TIMELY, SECURE, UNINTERRUPTED, OR ERROR-FREE OR THAT THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICES WILL BE ACCURATE OR RELIABLE. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SUPPOSE THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU UNDER APPLICABLE LAW. IN THAT CASE, ANY IMPLIED WARRANTIES ARE LIMITED TO 60 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE SERVICE, WHICHEVER IS SOONER. WE DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS, OR REGULATIONS.


9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF Envision Bookkeeping FOR ALL CLAIMS RELATING TO THE SERVICES AND THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES DURING THE TWELVE (12) MONTHS before SUCH CLAIM OR ONE HUNDRED US DOLLARS, WHICHEVER IS GREATER. SUBJECT TO APPLICABLE LAW, Envision Bookkeeping IS NOT LIABLE FOR ANY FOLLOWING: (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES; (B) DAMAGES RELATING TO LOSS OF USE, DATA, BUSINESS, REVENUES, OR PROFITS. THE ABOVE LIMITATIONS APPLY EVEN IF Envision Bookkeeping HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT SETS THE ENTIRE LIABILITY OF Envision Bookkeeping AND YOUR EXCLUSIVE REMEDY concerning THE SERVICES AND THEIR USE.


10. ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information in the Service or related website is inaccurate without prior notice (including after submitting your order). The material on this site is provided for general information only. It should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, complete, or timely sources of information. Any reliance on the material on this site is at your own risk.


We undertake no obligation to update, amend or clarify information in the Service or any related website, including pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or related website has been modified or updated.


11. PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any prohibited uses.


12. INDEMNIFICATION

You shall defend and indemnify Envision Bookkeeping from and against all damages, losses, liabilities, claims, demands, actions, suits, judgments, settlements, costs, and expenses, including all attorney’s fees, that arise from or relate to: (a) your use of and our provision of the Services (except to the extent arising directly from our willful misconduct or gross negligence), (b) your violation of this agreement, (c) any content, information or materials provided by you, or (d) infringement by you, or any third party using your account or identity in the services, of any intellectual property or another right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to your indemnification. In this event, you will assist and cooperate with us in asserting any available defenses.


13. Dispute Resolution

In the interest of resolving disputes between you and Envision Bookkeeping most expediently and cost-effectively, you and Envision Bookkeeping agree that either party, at any time, may opt to adjudicate their disputes through binding arbitration instead of in courts of general jurisdiction (“Agreement to Arbitrate”). Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, condenses discovery, and is subject to minimal review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration under these Terms will take place individually; class arbitrations and class actions are not permitted. You acknowledge and agree that the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that particular party’s claim(s). Any relief awarded cannot affect other users.
You further agree and understand that any disputes, whether heard before a court of competent jurisdiction or an arbitrator, shall be done solely on an individual basis and that you affirmatively waive your right to participate in a class action to resolve any dispute (as defined below) that you may have with Envision Bookkeeping. You understand that by entering into this agreement, you and Envision Bookkeeping are each waiving the right to a trial by jury or to participate in a class action:


You and Envision Bookkeeping agree to arbitrate all disputes and claims between us. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to: claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory; claims that arose before this or any prior Terms; claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and claims that may arise after the termination of these Terms.


Notwithstanding the above, you and Envision Bookkeeping agree that no statement herein shall be deemed to waive, preclude, or otherwise limit either party’s right to (i) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available; (ii) seek injunctive relief in any competent court of law; or (iii) to file suit in a court of law to address intellectual property infringement claims.


Any arbitration between you and Envision Bookkeeping will be governed by the Commercial Dispute Resolution Procedures (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879.


Notice and Process. A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Envision Bookkeeping should be addressed to Envision Bookkeeping LLC, 556 South Fair Oaks Avenue

Pasadena, CA 91105 (“Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought (“Demand”). If you and Envision Bookkeeping do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Envision Bookkeeping may commence an arbitration proceeding.


Fees. If you commence the arbitration by these Terms, Envision Bookkeeping will, at your request, reimburse you for your payment of the arbitration filing fee, unless your claim is for greater than $10,000, in which case the AAA Rules shall decide the cost of any fees. Any request for payment of fees by Envision Bookkeeping should be submitted by mail to the AAA along with your Demand for Arbitration, and Envision Bookkeeping will make arrangements to pay all necessary fees directly to the AAA. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous or brought for an improper purpose (as measured by the standards outlined in Federal Rule of Civil Procedure 11(b)), you agree to reimburse Envision Bookkeeping for all fees associated with the arbitration paid by Envision Bookkeeping on your behalf that you otherwise would be obligated to pay under the AAA’s rules.


No Class Actions. You may only individually resolve disputes arising from the Services with Envision Bookkeeping. You will not bring a claim in a class, consolidated, or representative action.


30-day opt-out period. Suppose you don’t wish to be bound by these arbitration provisions (including its waiver of class and representative claims). In that case, you must notify us by emailing andrew@envisiobookkeeping.net no later than 30 days after the first acceptance date of any version of this agreement containing an arbitration provision (unless a more extended period is required by applicable law). An opt-out notice does not revoke any previous arbitration agreement between us.


Future changes to this dispute resolution agreement. If Envision Bookkeeping makes any changes to this section, you may reject any such change by notifying us via the procedure set forth above in the 30-day opt-out period. It is unnecessary to submit a rejection of a future change to this section if you have correctly opted out of arbitration in compliance with the requirements of these Terms.


14. SEVERABILITY

If any provision of these Terms of Service is deemed unlawful, void, or unenforceable, such provision shall be enforceable to the fullest extent permitted by applicable law. The unenforceable portion shall be severed from these Terms of Service; such determination shall not affect the validity and enforceability of any remaining provisions.


15. TERMINATION

The obligations and liabilities of the parties incurred before the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are practical unless and until terminated by you or us. You may terminate these Terms of Service by notifying us that you no longer wish to use our Services or when you cease using our site.

If in our so Suppose in our sole judgment you fail, or we suspect that you have been unable, to comply with any term or provision of these Terms of Service. In that case, we also may terminate this agreement at any time without notice. You are liable for all amounts due up to and including the termination date and may deny you access to our Services (or any part thereof).


16. ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitute the entire agreement and understanding between you and us. They govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any previous versions of the Terms of Service). Any ambiguities in interpreting these Terms of Service shall not be construed against the drafting party.


17. GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed by the laws of California (without giving effect to its conflicts of law principles). Any dispute arising out of or relating to these Terms, the Site, or the Services will be subject to the exclusive jurisdiction and venue of the federal and state courts in Los Angeles County, California. You acknowledge and agree that any violation of these Terms may cause Envision Bookkeeping irreparable harm and therefore agree that Envision Bookkeeping will be entitled to seek extraordinary relief in court, including but not limited to temporary restraining orders, preliminary injunctions, and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that Envision Bookkeeping may have for a breach of these Terms. These Terms, which you accept upon registration for the Services, the Privacy Policy located on the Site, and any applicable payment, renewal, or additional Services terms, comprise the entire agreement between you and Envision Bookkeeping regarding the use of this Service, superseding any prior agreements between you and Envision Bookkeeping related to your use of this Site or Services (including, but not limited to, any previous versions of this Terms). Unless otherwise explicitly stated, the Terms will survive termination of your registration to the Service. The failure of Envision Bookkeeping to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision. If any provision of these Terms is held invalid, the remainder of the Terms will continue in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Site or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms are for convenience only and have no legal or contractual effect.


18. CHANGES TO TERMS OF SERVICE

Envision Bookkeeping may make nonmaterial changes to these terms at any time without notice, but we will provide advance notice of any material changes to them. Other than changes made to dispute resolution, the changes to the terms will not apply retroactively and will become effective 30 days after we give you notice or the stated effective date of the new terms, whichever is later. If a new version of these terms negatively impacts you, you may object to the change by notifying us (via andrew@envisiobookkeeping.net) within 30 days after we provide you with notice of the changes. If you tell us, you will remain governed by the terms in effect immediately before the change until the end of your then-current Initial Term or Renewal Term, as applicable. After that, you will be governed by the changed terms. Notwithstanding anything contrary to the preceding, any changes to the terms related to new features or made for legal reasons will become effective immediately upon notice.


You can review the most current version of the Terms of Service at any time on this page.

At our sole discretion, we reserve the right to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.


19. CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at andrew@envisiobookkeeping.net.


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