Updated September 28, 2023
Welcome to AccountGroove!
1. Introduction
Thank you for visiting AccountGroove.com, a service of AccountGroove (âAccountGrooveâ), a subsidiary of TaxGroove Inc. These terms of service, privacy policy, and your order form (collectively, the âAgreementâ) reflect the terms and conditions agreed upon between User (sometimes referred to as âyouâ or âyourâ) and AccountGroove (sometimes referred to as âwe,â âus,â or âourâ) regarding the services identified on the order form. References herein to an order form (âOrder Formâ) mean either a subscription order form or a work order form. If a conflict exists between the Terms of Service and an Order form, the Order form (accepted by AccountGroove) will control.
Please read these Terms of Service carefully, as you must agree to both documents in order to have permission to use our Service.
2. Definitions
Throughout this Agreement, we may use certain words or phrases, and it is important that you understand the meaning of them. Â The list is not all encompassing and no definition should be considered binding to the point that it renders this Agreement nonsensical:
âAgreementâ refers to these Terms of Service, privacy policy and if a Service is ordered, as combined with the order form;
âBusiness Partnersâ refers to a vendor, including payment processor such as Stripe, accredited by AccountGroove to offer its services as part of the Service;
"Client" refers to a potential or existing customer of the User utilizing the Service.
âFees" refers to the charges associated with the delivery of the Service, detailed on AccountGroove Site, which may include, but are not restricted to, subscription fees, and any additional payment service fees.
âOrder Formâ refers to (i) a subscription order form or agreement whereby a User agrees to subscribe to a AccountGroove Service or (ii) a work order form for auxiliary services;
âProposal" refers to a formal proposition, and Client engagement, generated by a User through the Service, for accounting, bookkeeping, or other professional services, which is intended to be sent by User to Client.
âServiceâ refers to the service platform along with all related updates, upgrades, documentation, related services and new service offerings that we provide on a subscription basis through our Site, including our Software as a Service (âSaaSâ) and our Site itself as well as any auxiliary professional services such as custom integrations, API or development consulting, training, etc;
âSiteâ refers to our website, AccountGroove.com and any related mobile applications app.AccountGroove.com, social media pages under our control;
âAccountGrooveâ refers to AccountGroove Inc. a subsidiary of TaxGroove Inc.;
âUserâ refers to the natural person who has created an account through AccountGroove for the purpose of utilizing the Services either for their personal advantage or in a representative capacity on behalf of a company, partnership, association, or any other entity;
âWe,â âus,â or âourâ refers to AccountGroove;
âYouâ refers to you, the person who is entering into this Agreement with AccountGroove.
3. Description of Service
AccountGroove is a service platform related to booking, invoicing, communication and project management tools for and between those who use the Service to help manage their business (âBusinessesâ), their clients and related parties (âClientsâ), and the Clientsâ various other vendors (âVendorsâ).
4. Eligibility
In order to use our Service, you must meet a number of conditions, including but not limited to:
- You must not be in violation of any embargoes, export controls, or other laws of the United States or other countries having jurisdiction over this Agreement, AccountGroove, and yourself. For example, if the Office of Foreign Assets Control prohibits conducting financial transactions with nationals, residents, or banks of your country, you must not use our Service.
- You must be the minimum age required to enter into a contract in the area in which you reside, and, in any event, must not be less than 18 years of age.
- You must not sign up on behalf of any natural person other than yourself.
- You must, if signing up on behalf of a person other than a natural person, have the authority to bind that person to this Agreement, and you hereby represent that you are binding both that person and yourself to this Agreement, and that both that person and yourself shall be held jointly and severally liable for any breaches of this Agreement.
- You must provide us with personal information, payment information, and other information that we deem necessary to provide you with our Service.
- You must properly report all income and contracts as required to the Internal Revenue Service and any other governmental entity that may require it.
5. Nature of Service
AccountGroove is offered on an âas-isâ, âwhere-isâ basis. Â You agree that:
- AccountGroove is not a party to any agreement between Clients and Vendors, Vendors and Businesses, or Clients and Businesses. All dealings are solely between the respective parties.
- AccountGroove does not endorse any Clients, Vendors and Businesses and makes no representations and warranties on behalf of any Clients, Vendors, or Businesses (including but not limited to the cost, quality, or timeliness of any goods or services provided by any Vendors or Businesses) and will have no liability for any interactions between Clients, Vendors or Businesses.
- AccountGroove is not responsible for any contracts or proposals between Clients, Businesses and Vendors (or any combination thereof) (collectively, "Vendor Contracts") that you upload to the Service other than making such Vendor Contracts available for review and signature (including e-signature) as authorized by you.
- AccountGroove has no control over and does not guarantee the existence, quality, safety, or legality of any goods or services advertised by Vendors or Businesses; the truth or accuracy of any advertisements; the ability of Vendors to sell goods or services; the ability of Clients to pay for any goods or services; or that a Vendor, Business or Client will actually complete a transaction. AccountGroove does not warrant or guarantee that any goods or services offered through the Service will meet a Clientâs requirements.
- We make no warranties or representations in regard to the suitability of using our Service for your purposes, and that you are solely responsible for determining whether AccountGroove is fit for your intended purpose or purposes.
- We make no representations or warranties in relation to uptime vis-Ă -vis its servers, or uninterrupted or error-free service, except what is provided in a service level agreement (âSLAâ), if any, entered into between the parties.
- We are not providing legal, financial, tax or any accounting professional advice by allowing you to use our Service and documentation, including with respect to any estimated taxes calculated using AccountGrooveâs tax calculator. Your interpretations of data are your own for which you have full responsibility. You are solely responsible for and hold AccountGroove harmless with respect to (i) your complying with laws and regulations applicable to your activity and your use of the Service, (ii) filing any tax returns and paying your taxes.
- AccountGroove provides legal resources, business templates, and tools. The information provided on the Site does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only and does not form an attorney-client relationship. Â Please have a local attorney review any legal contracts, templates, and forms.Â
- You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify AccountGroove of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. AccountGroove will not be liable for any loss or damage arising from your failure to comply with this obligation.
- We reserve the right to edit, suspend, or refuse to publish or perform any Service that we believe would violate a third partyâs rights or expose us to liability and will notify you, with appropriate evidence.
- We may routinely modify our systems and Services from time to time.
- We may discontinue a Service at any time, at our discretion, and substitute one or more Services of comparable value subject to Userâs right to immediately terminate this Agreement if any substitution of Services is deemed to be materially significant by User.Â
- We may refuse, modify, or remove from any Service content we deem to violate applicable law, our legal rights, or the rights of a third party. We may terminate the Service if we determine other remedies are ineffective.
- We may engage third parties to provide or fulfill the Services. You authorize us to engage third parties as necessary to provide you the Service, provided that we will be responsible for the performance of such third parties.
- AccountGroove may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on AccountGrooveâs servers on your behalf.Â
- AccountGroove has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service.Â
- AccountGroove reserves the right to terminate accounts that are inactive for an extended period of time.Â
- AccountGroove reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
- To the extent you access the Service through a mobile device, your wireless service carrierâs standard charges, data rates and other fees may apply.Â
- By using the Services, you are also consenting to be contacted by AccountGroove or one of our partners about our (or one of our partnersâ) services and products by telephone (on a recorded line), automated calling, pre-recorded calling, text message, email, fax, telephone or any means, even if you have opted in to the National Do Not Call List, any state equivalent Do Not Call List or the internal Do Not Call List of any company.
You grant us permission to use, store and process your content in accordance with applicable law. Access and use of your content by our employees and contractors will be directed by you and limited to the extent necessary to deliver the Services. We will not disclose your content except in support of the use of the Services or unless required by law. We will not assume any responsibility for determining the purposes for which and the manner in which personally identifiable information and data are processed.
We will provide notice to you of any unauthorized third-party access to your content of which we become aware in accordance with applicable law and will use reasonable efforts to remediate identified security vulnerabilities.
You grant AccountGroove a perpetual, irrevocable, transferable, non-exclusive right to use any comments, suggestions, ideas or recommendations you provide related to any of our products or services in any manner and for any purpose.
6. Rules of Use
You agree not to:
- Violate the laws of the United States, its states, or any foreign political entity having jurisdiction over this Agreement, whether or not the foreign political entity is a country or a subdivision (such as a state or province) or municipality (such as a city, town, county, or region) of a foreign country.
- Post or send anything violent, threatening, pornographic, racist, hateful, or otherwise objectionable according to the opinion of AccountGroove.
- Infringe on anyoneâs intellectual property rights, defame anyone, impersonate anyone, or otherwise violate the rights of a third party.
- Hack, crack, phish, SQL inject, introduce any spyware, malware, viruses, Trojan horses, back-doors or other software exploits or otherwise compromise the security or integrity of the AccountGroove Site, Service, or its Usersâ computers.
- Subcontract, sub-license, distribute, sell the AccountGroove Service to any third party.
- Do anything else which could bring AccountGroove into disrepute or violate the rights of any person.
- Use any means to discern the source code of our products and/or Services.
7. Term and Termination
The term and any renewal terms for the Service are described in the Order Form (âOrder Termâ). The Agreement will become effective, without further notice of acceptance, when we accept your Order Form in our US headquarters (âEffective Dateâ).Â
If you have registered for the Service via a subscription plan, you may cancel your subscription in the app.AccountGroove.com notifying us of your intent to cancel at least thirty (30) days prior to the end of your then-current subscription term.
We may suspend or limit your use of our products or professional services or terminate the Agreement if, in our sole discretion, we determine that your use may result in a risk to public safety, or that there has been a breach of security, material breach of your obligations under the Agreement, material breach of any other agreement between the parties or a violation of law. If the cause of the suspension is reasonably capable of being remedied, we will provide you with a notice of what actions you must take to reinstate the product. If you fail to take the actions or the cause cannot be remedied within 30 days, we may terminate the Agreement.
You may terminate the Agreement immediately upon written notice if we commit a material breach and fail to cure the material breach within 30 days. If the parties cannot reach mutual agreement on the material changes within 30 days, you may terminate the Agreement immediately on written notice.
Upon termination, all licenses end immediately. Termination of the Agreement will not relieve you of your obligation to pay us any amounts you owe up to and including the date of termination.
8. Payment
All fees owing by Customer to AccountGroove are set forth in the Order Form. Fees are subject to periodic increases after the Order Term and become effective beginning on the first day of each applicable renewal term; provided, that AccountGroove will notify User in writing of any such increase prior to its effectiveness. If User objects to the increase, then User may terminate this Agreement effective on expiration of the then current Order Term. User acknowledges that the expiration of any discount or incentive programs to which Customer was previously entitled shall not constitute a fee increase or otherwise require notice thereof. Â All fees are non-refundable.
Payment of subscription fees can be made by means of a credit card. Â If you have registered for the Services via a subscription plan, you expressly acknowledge and agree that (a) AccountGroove is authorized to charge your credit card or other payment instrument in accordance with the terms of your subscription plan for as long as your subscription continues, and (b) your subscription is continuous until you cancel it or AccountGroove suspends or otherwise stops providing access to the site and/or Services in accordance with these terms.
Unless otherwise stated, all prices are listed in United States dollars Once a payment processed no refunds shall be granted, even on a pro rata basis. Additional terms surrounding payment, refunds, and pricing may be published on our Site and are hereby incorporated into this Agreement by reference.
AccountGroove serves as the limited authorized agent of the Vendor and Business for the purpose of accepting payments from Clients on behalf of Vendors and Businesses and is responsible for transmitting such payments to the Vendor or Business, and each Vendor and Business hereby appoints AccountGroove as the Vendorâs or Businessesâ limited agent solely for the purpose of collecting payments made by Clients on behalf of the Vendor or Business. Currently, all payments are securely processed by Stripe, but AccountGroove reserves the right to use different payment processor at any time.
You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. As a Vendor, you may be required to select a payment plan and you agree to pay a pre-selected percentage of money you receive from purchases made by Clients of your goods and services through the Service, and you will pay AccountGroove a percentage of each such transaction, as set forth in further detail on the Service. If you dispute any charges by AccountGroove you must let AccountGroove know within thirty (30) days after the date that AccountGroove charges you. If you dispute any charges by a Vendor, you must contact the Vendor directly. As a Vendor, if you agree to refund any fees to a Client, you are responsible and will pay AccountGroove (and AccountGroove may retain) any transaction costs associated with such refund. We reserve the right to change AccountGrooveâs prices. If AccountGroove does change prices, AccountGroove will provide notice of the change on the Site or in email to you, at AccountGroove's option, at least 30 days before the change is to take effect. If you have registered for the Services via a subscription plan, your subscription plan may be subject to fee adjustments, including automatic fee increases, during your subscription term in accordance with the terms of your subscription plan; and where a fee adjustment applies to you, we will charge or invoice you under the new price structure, starting with the next billing period in the subscription term, or otherwise in accordance with the terms of your subscription plan. Your continued use of the Service after the price change or fee adjustments becomes effective constitutes your agreement to pay the changed amount. You shall be responsible for all taxes associated with the Services other than U.S. taxes based on AccountGrooves net income.
9. Discounts and free trial
AccountGroove may, but is not obligated to,
- offer discounts from time to time. Â The discounts provided will be made according to the information published on our Site, and if any information is conflicting, the terms most beneficial to AccountGroove shall take effect.
- refuse to provide such discount offers for any reason including, but not limited to, fraud, mistake on the part of our publication of information, actual or expected financial hardship, sale of all or part of our business.Â
AccountGroove may offer a 14 day free trial. User must register and select the subscription plan. If User chooses a paid plan during the free trial, then User wonât be charged any subscription fees until the end of the free trial period.
10. Chargebacks and Credit Card Cancellations
Where a User conducts a chargeback against AccountGroove or its Business Partners, such User shall be liable to AccountGroove for the full amount of the chargeback, as well as any reasonable attorneysâ fees, collection agency fees, court costs, disbursements, and other expenses incurred in the enforcement of its rights under this section.
Where a Userâs payment method cannot be charged for a recurring subscription, such Userâs access to our Service shall be terminated upon completion of the most recently paid subscription period, and all data associated with such User may be deleted by AccountGroove without notice. Â Without limiting AccountGrooveâs rights under this section of the Agreement, AccountGroove may, but is not required to, attempt to contact a User to permit the User to remedy the payment issue prior to taking any steps to effect Service termination or data deletion.
11. Intellectual Property
You acknowledge that the Site and Service contain protected proprietary and confidential information under intellectual property and related laws. AccountGroove and/or third parties (via license) own all rights to the Site, Service, and associated content, including Intellectual Property Rights, except for Data as defined below. Any ungranted rights under these TOS are reserved for AccountGroove and its licensors. "Intellectual Property Rights" encompass various rights, such as patents, copyrights, trade secrets, trademarks, and others, globally applicable.
The content, layout, and trademarks of the Site and Services, including photos, logos, videos, text, and Computer Code, are the proprietary property of Ignition and cannot be used without explicit permission or as allowed by the Site, Services, or these TOU. Unauthorized use may lead to legal action, including intellectual property violations. These rules also extend to third-party materials within the Site and Services, including Computer Code. "Computer Code" encompasses source code, object code, frameworks, CSS, PHP, JavaScript, templates, modules, and related documentation.
You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on the Site, nor modify, translate or create derivative works of our Site and Services, without receiving our prior written permission. Copyright notices must be retained on the transmitted or printed items. The Copyright Act (17 U.S.C.A. 107) fair use provision may allow additional uses.
Under no circumstances will AccountGroove be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that AccountGroove does not pre-screen content, but that AccountGroove and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, AccountGroove and its designees will have the right to remove any content that violates these Terms of Service or is deemed by AccountGroove, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
AccountGroove will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to AccountGrooveâs Copyright Agent at support@AccountGroove.com (Subject line: âDMCA Takedown Requestâ). You may also contact us by mail at: 17470 N. Pacesetter Way, Scottsdale, AZ 85255.
12. Trademarks
âAccountGroovetmâ is a trademark used by AccountGroove to uniquely identify our Site, Service, and business. Â You agree not to use this phrase anywhere without our prior written consent. Â Additionally, you agree not to use our trade dress, or copy the look and feel of our Site or its design, without our prior written consent. Â You agree that this paragraph goes beyond the governing law on intellectual property law and includes prohibitions on any competition that violates the provisions of this paragraph, including starting your own competing website or business.
13. Revocation of Consent
We may revoke our consent for your use of our intellectual property, or any other permission granted to you under this Agreement, at any time. Â You agree that if we so request, you must take immediate action to remove any usage of our intellectual property that you may have engaged in, even if it would cause a loss to you.
14. Limitations of Warranties & Liabilities
WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE. Â YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR SERVICES, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, NEGLIGENCE, OR ANY OTHER TORT.
To the fullest extent permitted by applicable law, in no event will Company or its affiliates, contractors, employees, officers, agents, counsel, or third party partners, licensors, or suppliersâ total liability to you for all damages, losses, and causes of action, arising out of or relating the use or misuse of the Site, or any part thereof, (whether in contract, tort, warranty or otherwise) exceed the amount paid by you, of any, to Company during the six months period immediately preceding the date of the claim or one hundred US dollars, whichever is lesser.
YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR DAMAGES CAUSED BY THIRD PARTIES WHO MAY USE OUR SERVICES, INCLUDING BUT NOT LIMITED TO PEOPLE WHO COMMIT INTELLECTUAL PROPERTY INFRINGEMENT, DEFAMATION, TORTIOUS INTERFERENCE WITH ECONOMIC RELATIONS, OR ANY OTHER ACTIONABLE CONDUCT TOWARDS YOU.
YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY FAILURE ON THE PART OF A PAYMENT PROCESSOR TO DIRECT PAYMENTS TO THE CORRECT DESTINATION, OR ANY ACTIONS ON THEIR PART IN PLACING A HOLD ON YOUR FUNDS.
UNLESS A SLA IS IN PLACE, YOU AGREE THAT WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR COMPANY OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR SITE WHICH PREVENT ACCESS TO OUR SITE TEMPORARILY OR PERMANENTLY.
THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. Â NOTHING IN THE PROVISIONS OF THIS âREPRESENTATIONS & WARRANTIESâ SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Â Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
15. Indemnity
You agree to indemnify and hold us harmless for any claims by you or any third-party actions, causes of action, liability, damages, reasonable costs, and expenses, including reasonable attorneys fees (collectively, âLossesâ) which may arise from or relate to this Agreement or the provision of your use of our Service, including any damages caused by your use of our Site or acceptance of the offers contained on it, including but not limited to claims that: content or materials you provided to us for use in the delivery of the Services, infringes on a third partyâs intellectual property rights; the Services you approved includes content that is false, offensive, deceptive, or defamatory, or may otherwise cause harm to us or a third party; content or materials you provided to us contained bugs, viruses, or malicious code; your use of the Services failed to comply with applicable laws, rules, or regulations; or you failed to comply with applicable third-party terms of service made known to you by us. Â You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. Â You agree that this indemnity extends to requiring you to pay for our reasonable attorneysâ fees, court costs, and disbursements. This Section 15 does not apply to Losses resulting from the gross negligence or intentional misconduct of AccountGroove. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial.
16. Choice of Law
This Agreement shall be governed by the laws in force in the State of Arizona. Â The offer and acceptance of this contract are deemed to have occurred in the State of California.
17. Forum of Dispute; limitations of Claims
Any dispute, claim or controversy arising out of or relating to this Agreement or the other agreements and documents contemplated hereby or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, shall be determined by arbitration in San Diego, California, before one (1) arbitrator. The arbitration shall be administered by JAMS (or any like organization successor thereto). The arbitrator shall follow any applicable federal law and California state law in rendering an award. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude the Parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The Parties further understand and agree that the arbitratorâs decision shall be final and binding to the fullest extent permitted by law and enforceable by any court having jurisdiction thereof. If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneysâ fees, court costs, and disbursements in doing so. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one personâs claims with your claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that partyâs individual claim. Notwithstanding the foregoing, you and we both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights. In the event a court or arbitrator having jurisdiction finds any portion of this Agreement unenforceable, that portion shall not be effective and the remainder of the Agreement shall remain effective. No waiver, express or implied, by either party of any breach of or default under this Agreement will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.
You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful partyâs reasonable attorneysâ fees, court costs, and disbursements.
No claim arising out of or related to any Service may be brought by either party more than 18 months after the Service ends, except that we may bring an action to collect unpaid charges at any time prior to the expiration of the applicable statute of limitations.
17. Force Majeure
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control (âForce majeure Eventsâ), including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, pandemics, shortage of components, Â or any other event beyond our control. Either party may terminate this Agreement if a Force Majeure Event affecting the other party continues substantially uninterrupted for a period of 45 days or more. Such termination shall take effect fifteen (15) days after notification. In the event of any failure or delay caused by a Force Majeure Event, the affected party shall give prompt notice to the other party, stating the period of time the occurrence is expected to continue and use diligent efforts to end the failure or delay and minimize the effects of such Force Majeure Event.
18. Severability
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it. If two or more provisions of this Agreement are deemed to conflict with each otherâs operation, AccountGroove shall have the sole right to elect which provision remains in force.
19. Non-Waiver
AccountGroove reserves all rights afforded to us under this Agreement as well as under the provisions of any applicable law. Â Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
20. Assignment of Rights
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. Â We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
21. Amendments
AccountGroove may amend this Agreement from time to time. Â When we amend this Agreement, we will e-mail you to inform you that there has been a change and update this page accordingly. Â Your continued use of our Service shall constitute your acceptance of any such amendments.
22. Third Party Providers
Our Service may include data and/or software from third parties. Some third-party providers require us to pass additional terms through to you. The third-party providers change their additional terms occasionally and new third party providers are added from time to time. You agree to comply with all applicable third-party additional terms.
23. California Users and Residents
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about AccountGroove must be addressed to our agent for notice and sent via certified mail to that agent. Â For our agentâs most current contact information, please send a request to support@AccountGroove.com.
Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.