Website and Usage Terms and Conditions Including Privacy and Data Usage Policy

Except as otherwise expressly provided, all materials on this site Copyright © 2024 Bookminders, Inc. All rights reserved.  These terms and conditions are subject to applicable laws where these terms and conditions would be subject to such laws.

This website (“Website”) is provided by Bookminders, Inc., located at 101 S. 10th Street, Pittsburgh, PA  15203, USA (“Bookminders“).  This document is a binding agreement between you and Bookminders and is referred to as this “Agreement.”  This Website means “Bookminders.com,” but may include other online facilities.

The term “you” (including such formatives as “your”, and “yours”) means you, being the person accepting this Agreement, as well as any persons using this Website under your control, supervision, equipment, facilities, connection and/or authority.  The term “Website” includes all aspects, functions and services arising from or related to the www.Bookminders.com website, and all pages of such Website, such as any electronic communication or research facility, storage and/or any Website Services (defined below), including, but not limited to, Website Services branded under other Bookminders brands or located at affiliated uniform resource locators (URLs), such as “Practiceminders” and other services.  Certain website aspects, functions and/or services may be identified in this Agreement that is not yet provided by Bookminders, but shall be applicable if and to any extent provided in the future. 

Your use of this Website confirms that you understand these terms and conditions, and it signifies that you agree with all terms and conditions contained in this Agreement.  This Agreement may not be modified by any Bookminders representatives, unless in writing and physically (and not electronically) signed, except this Agreement may change from time-to-time without notice, as implemented online by Bookminders and the version online at the time of your usage of the Website is controlling.

• Do not use this Website unless you agree to all terms and conditions of this Agreement.

• This Agreement may change from time-to-time without notice and the version online at the time of your usage of the Website is controlling.

Entire Agreement. 

This Agreement is the final, complete and exclusive statement of the entire agreement between Bookminders regarding your use of the Website, and with the specific exception for other written agreements (“Services Agreements”) that you may have entered into with Bookminders for other transactions between you and Bookminders, including, but not limited to, client services agreements, licensing agreements, employment agreements, independent contractor agreements. Subject to the foregoing sentence, this Agreement supersedes any prior and contemporaneous: proposals, purchase orders, advertisements, representations, and all other communications regarding the subject matter of this Agreement, whether oral or written.  No terms or conditions, other than those contained in this Agreement, and no other agreement or understanding which in any way modifies or changes the terms and conditions hereof, shall be binding unless executed for such purpose in a physical writing.  Notwithstanding the foregoing, you agree that this Agreement is subject to change from time-to-time in the discretion of Bookminders without advance notice.  Each time you enter this Website, you agree to be bound by the then-current Agreement at such time of entry.

Website and Client Services. 

Bookminders may host certain computer software applications or otherwise provide specific services and benefits (the “Website Services“) that may be accessed from or on this Website or other online facilities provided to employees, contractors and paying clients of Bookminders pursuant to the terms of Services Agreements.  In the context of Services Agreements, the term “Website” includes all online facilities, whether or not part of the Website.  Some Website Services require payment of a fee, the respective amounts for which are separately provided to you by signed written agreement.  Certain areas of the Website are made generally available to the public (“Public Areas”) and certain other areas of the Website are only made available on the condition of having rightful use of access rights through the use of password entry or security certificates (“Restricted Areas”).

If Bookminders has provided you with any required logon account identification and/or other password information (“Website Password Access Information“), including, but not limited to, for example, if you are a Practiceminders licensee or Bookminders bookkeeping services client, then you are referred to in this document as a “Website Member.”  Subject to the terms and conditions hereof, and subject to any limitations provided to you with the Website Password Access Information, Bookminders hereby grants to you, if and only if you are a Website Member, a license to access those particular Website Services identified with the Website Password Access Information (the “Member Services License“) for the respective Restricted Areas. 

• The Member Services License is granted only for so long as the term for which any required fee is paid and compliance with any conditions, and access to the Website may be immediately terminated upon termination of the Member Services License, time of the essence.

• If you are not a Website Member, then you remain subject to all terms and conditions contained in this document with the exception of the terms and conditions specifically applicable to an Website Member. 

Each Website Member is subject to all terms and conditions contained in this document.  To the extent that any fee is not timely paid as required, time being of the essence, then, in addition to all other rights that Bookminders has, including preventing account access, interest shall accrue at the lesser of one and one-half percent per month or the highest rate allowable by law.  You agree to indemnify and hold Bookminders harmless for all costs of collection, including reasonable attorneys’ fees, if you breach this Agreement.

Use. 

You agree, represent and warrant that:

• You are at least eighteen (18) years of age.

• Any and all usage, tools and information on or of the Website is for entertainment purposes only and is not reviewed or guaranteed for accuracy. 

• You guarantee the usage arising from, related to or through this Website, including, but not limited to, any usage by your staff, associates, family or others to the same extent as if you performed the actions performed by any of the foregoing, if pursuant to your Website Password Access Information or your equipment or authorization;

• This Website shall be used only for lawful purposes, and it shall not be used as a means to commit or attempt to commit a crime, tort, invasion of privacy, harassment, breach of contract, obligation or duty or to conduct unlawful activity; you will not bypass or otherwise attempt to bypass any restrictions or passwords associated with this Website or content accessed or used by or through this Website.

• Without limiting the generality of the foregoing, you agree that you will not:

1. transmit any message, information, data, text, software or images, or other content (“Material”) that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable that may invade another’s right of privacy or publicity;
   1. impersonate any person or entity, including but not limited to, a Bookminders official, forum leader, guide or host or falsely state or otherwise misrepresent your affiliation with a person or entity;
   2. post or transmit any Material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements); upload or transmit any Material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
   3. post or transmit any Material that contains a virus, harmful or corrupted data;
   4. delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature; delete or revise any Material posted by any other person or entity;
   5. record the operations of the Website or otherwise reproduce, publish or stream its operations or content;
   6. use this Website’s communication features in a manner that adversely affects the availability of its resources to other users, or use inordinate bandwidth; or
   7. post or transmit any unsolicited advertising, promotional materials, “junk mail”, “spam,” or any other form of solicitation.

Access by Bookminders. 

You agree that Bookminders has the right to monitor your use of this Website electronically and/or, in addition to any other rights to do so, to disclose any information as necessary to satisfy any law, regulation or other governmental request (including, but not limited to, whether informal requests of authorities, or formal requests, such as legal process, subpoena, search warrant or court order), to operate the system properly, to protect itself or its subscribers, or otherwise. 

You shall indemnify and hold Bookminders harmless from such monitoring and disclosure.  Bookminders reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or are believed to be in violation hereof.  You hereby authorize Bookminders, and hereby appoint Bookminders, as your attorney-in-fact to take any action necessary or appropriate to comply with any statutes, regulations, ordinances or other laws, user policies and/or industry-standard organizational or governing bodies, including, but not limited to the ICANN and its successor(s), and hereby release Bookminders from liability for any such acts. 

Except for certain products and services for which Bookminders is expressly and specifically identified by Bookminders as being itself the author or manufacturer, all merchandise, content, information, and services offered or made available or accessible on the Internet or use of this Website are so offered or made available or accessible by third parties who are not affiliated with Bookminders or its affiliates (“Third-Party Materials”).

• Bookminders makes no endorsements, representations and/or warranties regarding Third-Party Materials.  Third-Party Materials include public and governmental documents.

No advice; Do Not Rely on Article Content; Services/Prices Subject to Change.

Any newsletters, articles or information, including, but not limited to, those explaining commercial issues, technical issues, legal issues or other subject matter are introductions only and not intended as advice upon which you may or should rely.  Such materials are not intended to replace the advice of a properly engaged qualified professional who has examined your particular circumstances. 

• Bookminders does not render accounting advice, legal advice or other professional advice.  Bookminders makes no representation that information or data provided by or through this Website are accurate, remain accurate, up-to-date, or are appropriate for your situation.

• Bookminders may have attorneys, accountants, bookkeepers, technicians and assistants on its staff.  If, for any reason, you communicate with such staff, you understand that such staff is not representing your interests or otherwise advising you.  You agree not to rely upon any information provided by any such communication. 

• You accept all risks and agree to use any information obtained from this Website only with the approval of professional advisors who take sole responsibility for ratifying the information and approving any use for your particular circumstances.

Any services and prices identified on or through this Website are subject to change without notice; some products and services are not available in all areas.  Bookminders does not assume any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product, or process disclosed by use of by or through this Website.

Trademarks; Service Marks; Copyright. 

“Bookminders®,” “Practiceminders®”, “Newsminders®” and other branded terms and the Bookminders logo(s), are trademarks and/or service marks of Bookminders.  All other references are marks of their respective owners and bear no relationship to Bookminders.   There is no association or relationship between Bookminders and any government, business or website accessed via this Website, whether through the frames, links or otherwise.  This Website, and its content, is subject to the protection of the copyright laws of the United States and other countries.  You may not reproduce any part of this Website, including, but not limited to, pictures and graphic images, without the prior written permission of Bookminders; provided, however, that it is understood that Member Services permit certain benefits specifically described by other written documentation, Services Agreements, and such as a written Bookminders bookkeeping services Client Service Agreement or a Practiceminders License Agreement.   YOU MAY NOT MODIFY, DECOMPILE, COPY, REPRODUCE, REPUBLISH, STEAM, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THIS WEBSITE, INCLUDING BUT NOT LIMITED TO TEXT, GRAPHICS, CODE AND/OR SOFTWARE, PROVIDED, HOWEVER, THAT MATERIALS PROVIDED IN THE RESTRICTED AREA TO WHICH YOU HAVE ACCESS MAY BE YOURS TO USE WITHOUT THE FOREGOING RESTRICTION IF SO PROVIDED IN YOUR MEMBER SERVICES LICENSE.

No Endorsement; No Opinion of Quality. 

Reference to any advertiser, customer, service provider, specific or general commercial products, process whatsoever, or any of the foregoing by trade name, trademark, manufacturer, or otherwise, does not constitute or imply endorsement, recommendation, or preference by Bookminders.  Any views, statements and opinions expressed herein, by Bookminders or users of this Website, do not necessarily state or reflect those of Bookminders, and shall not be used for advertising or product endorsement purposes.

No Warranties.

• You assume total responsibility and risk for the use of this Website and use of the Website Services, and all related information.

The Website Services, this Website and any information and/or merchandise created, accessed and/or obtained thereby (including, but not limited to, “Third-Party Materials”), are received and/are used by you on an “AS IS ” and “AS AVAILABLE ” basis, with all faults, and without warranties of any kind, either express or implied, including, but not limited to, warranties of title, non-infringement or implied warranties of merchantability or fitness for any particular purpose. 

Without limiting the generality of the foregoing, and notwithstanding anything herein to the contrary: i) Bookminders does not represent or warrant the successful delivery of any electronic communication or mail, or that such electronic communication or mail will remain private or in its original form or format; ii) Bookminders reserves the right, and Bookminders is hereby specifically and expressly authorized by you, to delete, to archive or to otherwise remove information and/or data of any nature from access and/or use from anyone, including, but not limited to, yourself, if any claim is made that there is a direct or indirect improper use of this Website, and Bookminders shall have no duty to investigate the merits of any such claim prior to taking such action.  Bookminders necessarily uses the services of third-party vendors, including, but not limited to, telecommunication companies.  The terms of this Agreement are necessarily subject to and limited to the terms and conditions of Bookminders agreements with such third-party vendors.  You assume the risk that that access may be permanently or temporarily suspended, terminated, or otherwise adjusted, with or without notice, in the event that your use is unacceptable at any time by such third-party vendors. 

Neither Bookminders nor its employees, agents, representatives or affiliates make any express or implied warranties, representations or endorsements whatsoever arising from, related to or in connection with this Website. 

• It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all information and the quality and merchantability of all merchandise, provided through this Website, the Website Services or otherwise on the Internet. 

Neither Bookminders nor its employees, agents, representatives or affiliates warrant that: a) access to this Website and/or the Website Services, or use thereof, will be uninterrupted or error free; b) that a connection can or will be established, or 24/7 access; c) that information or data of any nature will remain private except as otherwise set forth in the Privacy and Data Usage Policy as set forth below; or d) that any information, software or other material accessible by or through this Website is free of viruses, worms, trojan horses or other harmful components.  Website Services necessarily use the services of third-party vendors, including, but not limited to, telecommunication and website hosting companies.  You assume the risk that your use of this Website may be terminated or otherwise adjusted, without notice, in the event that such use is unacceptable at any time by such third-party vendors. 

Under no circumstances shall Bookminders, or its employees, agents, representatives or affiliates be liable for any direct, indirect, incidental, special, punitive or consequential damages that result in any way including, but not limited to, from your use of or inability to use this Website or your reliance on or use of information, Website Services or merchandise provided on or through this Website, or that may result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission, or any failure of performance.  You hereby agree to indemnify Bookminders, its employees, agents, representatives and affiliates from and against all actions, claims, suits, demands, damages, liabilities, losses, costs and expenses arising out of, related to, or in any way connected with your use of this Website, Website Services and/or access to the Internet.

Bookminders shall not be liable for any failure to perform any obligations due to causes which are beyond its control and/or of a nature which it does not have the authority or power to remedy.  In no event shall Bookminders’ maximum liability exceed any fee actually paid by you for thirty (30) days of use of and access to this Website or the cost of any fee paid for the product or service at issue, whichever is less (if the product or service consist of multiple discrete individual items, then the fee paid for such discrete individual items).  The foregoing is not intended to conflict with Services Agreements, which shall be controlling to the extent applicable.

Privacy and Data Usage Policy.

General Rule.  EXCEPT AS OTHERWISE EXPRESSLY AND SPECIFICALLY STATED IN THIS PRIVACY POLICY SECTION, YOU WAIVE ANY RIGHT TO PRIVACY IN AND TO THE INFORMATION WHICH YOU CONVEY WITH, BY OR THROUGH THE WEBSITE.  USING THE WEBSITE HAS CERTAIN IRREVOCABLE IMPLICATIONS AS SET FORTH BELOW.

Except for circumstances controlled by any Services Agreement or the Website Services and related data, anything sent to Bookminders arising from your use of this Website may be used without liability and for any purpose without compensation or attribution to you or the sender and Bookminders may reproduce, sublicense, transfer, use, disclose, exhibit, display, transform, create derivative works and distribute such content or materials to others without limitation; this includes but is not limited to any information (including, without limitation, ideas contained therein for new or improved products and services) you submit to or through this Website (including, but not limited to, bulletin boards, forums and newsgroups) or by e-mail by all means and in any media now known or hereafter developed.  You agree that Bookminders owns all content on or submitted through this Website, including your communications, and you shall have no recourse for any alleged or actual appropriation of any proprietary right in your communications to this Website.

You consent to usage of any portions of the Website, including email and other communications facilities, being unencrypted.

Without limiting the foregoing, any comments, data, information or materials sent to Bookminders arising from your use of the Website may be used without liability and for any purpose without compensation or attribution to you or the sender.  Bookminders may reproduce, sublicense, transfer, use, disclose, exhibit, display, transform, create derivative works and distribute such content or materials to others without limitation; this includes but is not limited to any information (including, without limitation, ideas contained therein for new or improved products and services) you submit to or through the Website (including, but not limited to, posts, forums and newsgroups) or by electronic mail and communications by all means and in any media now known or hereafter developed.  You agree that you shall have no recourse for any alleged or actual infringement or misappropriation of any proprietary right in your communications to the Website.

Notwithstanding the foregoing, a Services Agreement and/or any Membership Services License may have overriding policies for data and privacy in Restricted Areas.  For example, if you are a Practiceminders Licensee, rights to privacy and data stated here may be overridden by any Membership Services License.

Cookies.  You consent to Bookminders using “cookies” or similar commonly used technical devices of storing data on your computer for the purposes of access, reviewing, maintaining and/or improving this Website and related services.

Collected Data.  This Website collects information and data from you (“Collected Data”).  Some of the Collected Data may or does contain Personally Identifiable Information (“PII”), particularly in Restricted Areas pursuant to a Membership Services License.  Some of the Collected Data may or does contain usage data (“Usage Data”).  And, some of the Collected Data may or does contain security and account data (“Account Data”).  Use of the term “Collected Data” includes, but is not limited to, PII, Usage Data and Account Data. 

ALL COLLECTED DATA IS AVAILABLE TO BEING SOLD, LICENSED, DISTRIBUTED, ASSIGNED OR TRANSFERRED, ALL OR IN PART, TO THIRD PARTIES BY BOOKMINDERS OR ITS TRANSFEREES, WITHOUT COMPENSATION OR REPORTING TO YOU, UPON TERMS NO LESS PRIVATE THAN STATED IN THIS DOCUMENT.

The Website collects as Collected Data, your name, location, and other contact and profile information, so that Bookminders and/or the Website can identify you and apply demographic analyses to your personal profile for rendering services by the Website or otherwise by Bookminders, which also includes the purpose of advertising by Bookminders and third parties.  The Website collects as Collected Data your log in security information, and account profile information for the purpose of individualizing services in accordance with your account profile.  The Website collects as Collected Data statistical and usage data relating to your specific and general activities in using the Website, including usage of and other Third-Party Materials applications, in order to individualize services provided by the Website, as well as demographic and usage data acquisition and assessments for advertising purposes and to augment, evaluate and to modify the Website. 

In addition to Collected Data that you provide, the Website will also automatically create information and may store information on your devices or Bookminders cloud servers as Collected Data, with or without prompting you.  For example, the Website stores tracking data, cookies, and other data and meta data that contains information regarding your general and specific usage of the Website and activities using the Website.  This Collected Data is necessary or appropriate for technical framework purposes, as well as for the purposes set forth above for usage, demographic, technical, advertising and Website augmentation.  Collected Data includes location, physical tracking and GPS data for the purpose of tracking your respective location or locations and matching to others.

The Website accesses a number of third party services’ accounts, with which Bookminders and/or the Website may have affiliations for connectivity, augmented social media experiences and for advertising purposes regarding which Collected Data is conveyed by affiliation.  This includes or may include financial and accounting services.  You understand that Bookminders also uses Collected Information for its own advertising purposes, including email communications with you and/or your contacts and social media communications.

DELETING OR REQUESTING THE DELETION OF YOUR ACCOUNT IS NEITHER THE SAME AS DELETING COLLECTED DATA NOR IS IT EVEN THE SAME AS DELETING ACCOUNT DATA.  DELETING YOUR ACCOUNT DOES NOT DELETE ALL COLLECTED DATA OR EVEN DELETE ALL ACCOUNT DATA.  WITHDRAWAL OF YOUR CONSENT OR ACCOUNT DELETION IS PROSPECTIVE ONLY.  IN DELETING AN ACCOUNT SOME OR ALL HISTORICAL COLLECTED DATA WILL BE RETAINED, WHETHER OR NOT RELATED TO YOUR IDENTITY OR OTHERWISE DISCRETELY ACCESSIBLE BY BOOKMINDERS; ACCORDINGLY, COLLECTED DATA, INCLUDING ACCOUNT DATA, MAY STILL EXIST IN SOME FORM WITHIN THE DATABASES OF BOOKMINDERS, WHICH MIGHT NOT BE REASONABLY IDENTIFIABLE OR ACCESSIBLE TO SUPPORT STAFF.

California Privacy Rights.  If you are a California Resident, California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your personal information. To make such a request please email: CaliforniaRequest@Bookminders.com.  Other jurisdictions may give you other or additional rights.

Miscellaneous.

Without limiting the foregoing, this Agreement shall be binding upon and inure to the benefit and burden of the successors, heirs, personal representatives, agents, legal representatives and assigns, of any nature at any time, of the parties. Bookminders may assign its rights and duties hereunder at any time without notice to you.  You may not assign any term or condition of this Agreement without the express prior written consent of Bookminders.

This document and all issues arising from or related to your use of this Website shall be governed and construed in accordance with the laws of the United States and the Commonwealth of Pennsylvania. You agree that any legal action or proceeding between Bookminders and/or you for any purpose concerning this document or your use of, or access to, this Website, or the rights/obligations hereunder, shall be brought exclusively in the Commonwealth of Pennsylvania.

Any cause of action or claim you may have with respect to this Website must be commenced within one (1) year after the claim or cause of action arises, or such claims or cause of action shall be barred.  Bookminders’ failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision hereof.  Bookminders may assign its rights and duties hereunder to any party at any time without notice to you.  Any rights not expressly granted herein are reserved.  If any term or condition herein is deemed to be unenforceable or otherwise in violation of applicable law, the term or condition shall be stricken herefrom and reformed in such a manner to conform as closely as the intention of these terms and conditions originally were offered.

At the sole option of the Bookminders in its discretion, any and all disputes arising from, related to or in connection with the Website: i) shall be settled by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”), and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof; ii) if the averred claim is less than twenty thousand dollars ($20,000) there shall be one (1) arbitrator; otherwise there shall be three (3) arbitrators; iii) the arbitrator(s) shall be appointed in accordance the AAA Commercial Rules from a AAA panel of arbitrators knowledgeable in business information and data processing systems; and iv) the Arbitrator(s) shall have may award temporary or permanent equitable relief.  All disputes required to be resolved by binding arbitration shall be considered private and confidential and neither party shall issue press releases or otherwise disclose information regarding the same; provided, that a party may publicly respond to any prior disclosure made by the other party in breach of this provision.

Contact webmaster@Bookminders.com for issues regarding this Website. For any claim made pursuant to the Digital Millennium Copyright Act, please email us at dmca@Bookminders.com.