StartUP Academy Terms of Service

Effective as of May 2018.

General Terms

  1. By using StartUP Academy ("Service"), or any other Whitedove Gannon (In The Books, LLC) websites, applications or services operated by Whitedove Gannon (In The Books, LLC), you are agreeing to be bound by the following terms and conditions (“Terms of Service”).
  2. If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions, in which case the terms “you” or “your” shall refer to such entity and its affiliates. If you do not have such authority, or if you do not agree with these terms and conditions, you must not accept this agreement and may not use the services.
  3. Whitedove Gannon (In The Books, LLC) reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time here.
  4. Violation of any of the terms below will result in the immediate termination of your Account. While Whitedove Gannon (In The Books, LLC) prohibits such conduct and Content on the Service, you understand and agree that Whitedove Gannon (In The Books, LLC) cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.

Definitions

  • Monthly Plan: The payment option where customers pay a month in advance for the StartUP Academy service. They are charged their Current Subscription Price and can cancel at any time.
  • Monthly Billing Date: This is the day of the month that customers on the Monthly Plan are charged.

Account Terms

  1. You must be 18 years or older to use this Service.
  2. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
  3. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
  4. Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as you'd like, and acknowledge that additional users may be subject to additional subscription fees.
  5. You are responsible for maintaining the security of your account and password. Whitedove Gannon (In The Books, LLC) cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  6. You are responsible for all Content posted and activity that occurs within your account (even when Content is posted by others who have access to your account)
  7. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use or by the user of the Service, violate any laws in your and any other applicable jurisdiction (including but not limited to copyright laws).
  8. You expressly understand and agree that Whitedove Gannon (In The Books, LLC) shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Whitedove Gannon (In The Books, LLC) has been advised of the possibility of such damages), resulting from your use of the StartUP Academy.

Payment, Refunds Terms

  1. A valid payment method (such as a credit card) is required for paying accounts.
    1. For your convenience, your Monthly subscriptions will auto-renew until you cancel the service in accordance with the terms.
  2. For Monthly Plan:
    1. The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, or refunds for months unused with an open account.
  3. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
  4. Your Service may cause the loss of Content, features, or capacity of your Account. Whitedove Gannon (In The Books, LLC) does not accept any liability for such loss.
  5. If you have multiple StartUP Academy accounts, they are billed separately and based on their own usage and payment plan. Additional Professional Services charges may apply should you choose to engage Whitedove Gannon (In The Books, LLC) staff for consulting, or any other services.
  6. You agree that your purchases are not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments made by us regarding future functionality or features.
  7. You agree that the scope of the membership is for support. Whitedove Gannon (In The Books, LLC) reserves the right to charge for additional work to trouble shoot, fix, or otherwise spend additional time outside the scope of support provided in the membership. Any additional charges would be agreed upon prior to performance.

Cancellation and Termination

  1. You are responsible for properly canceling your account. Just an email or phone voice mail or any other “one-way” communication to cancel your account is not considered cancellation. You must confirm your cancellation with your Whitedove Gannon (In The Books, LLC) and receive a response.
  2. All of your content and customizations, such as emailed correspondence and/or documents, not saved in the provided vault, will be immediately deleted from the Service upon cancellation. This information can not be recovered once your account is cancelled. Your Quickbooks Online file belongs to you and will not be deleted. Upon cancellation you will assume required payment responsibility directly to Intuit.
  3. For Monthly Plans: If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
  4. Whitedove Gannon (In The Books, LLC), in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Whitedove Gannon (In The Books, LLC) reserves the right to refuse service to anyone for any reason at any time. You will not be eligible for any refunds or credit on any outstanding balance.

Copyright and Content Ownership

  1. We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. 
  2. The look and feel of the Service is copyrighted by Whitedove Gannon (In The Books, LLC) All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from Whitedove Gannon (In The Books, LLC).
  3. Subject to the limited rights expressly granted hereunder, Whitedove Gannon (In The Books, LLC) reserves all of our right, title and interest in and to the Services and Content, including all of our related intellectual property rights. No rights are granted to You hereunder other than as expressly set forth herein.

General Conditions

  1. Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
  2. Technical support is only provided to paying account holders.
  3. You understand that Whitedove Gannon (In The Books, LLC) uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
  4. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Whitedove Gannon (In The Books, LLC), or any other Whitedove Gannon (In The Books, LLC) service.
  5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Whitedove Gannon (In The Books, LLC).
  6. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
  7. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Whitedove Gannon (In The Books, LLC) customer, employee, member, or officer will result in immediate account termination.
  8. You understand that the technical processing and transmission of the service, including your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
  9. You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
  10. You must not transmit any worms or viruses or any code of a destructive nature.
  11. Whitedove Gannon (In The Books, LLC) does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
  12. You expressly understand and agree that Whitedove Gannon (In The Books, LLC) shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Whitedove Gannon (In The Books, LLC) has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
  13. In no event shall the aggregate liability of each party together with all of its affiliates arising out of or related to this agreement exceed the total amount paid by you and your affiliates hereunder for the services giving rise to the liability in the twelve months preceding the first incident out of which the liability arose. The foregoing limitation will apply whether an action is in contract or tort and regardless of the theory of liability, but will not limit your and your affiliates’ payment obligations to Whitedove Gannon (In The Books, LLC) for products and services provided.
  14. The failure of Whitedove Gannon (In The Books, LLC) to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Whitedove Gannon (In The Books, LLC) and govern your use of the Service, superceding any prior agreements between you and Whitedove Gannon (In The Books, LLC) (including, but not limited to, any prior versions of the Terms of Service).
  15. You will defend and indemnify Whitedove Gannon (In The Books, LLC) against any claim, demand, suit or proceeding made or brought against Whitedove Gannon (In The Books, LLC) by a third party alleging that any of Your Data infringes or misappropriates such third party’s intellectual property rights, or arising from Your use of the Services or Content in violation of the Agreement, the Documentation, Order Form or applicable law (each a “Claim Against Us”), and You will indemnify Whitedove Gannon (In The Books, LLC) from any damages, attorney fees and costs finally awarded against Whitedove Gannon (In The Books, LLC) as a result of, or for any amounts paid by Whitedove Gannon (In The Books, LLC) under a settlement approved by You in writing of, a Claim Against Us, provided We (a) promptly give You written notice of the Claim Against Us, (b) give You sole control of the defense and settlement of the Claim Against Us (except that You may not settle any Claim Against Us unless it unconditionally releases Us of all liability), and (c) give You all reasonable assistance, at Your expense.
  16. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the provision will be deemed null and void, and the remaining provisions of this Agreement will remain in effect.
  17. Irrespective of where you are domiciled, the governing laws will be applicable laws of United States of America; with the Courts of Toronto, Ontario, Canada having an exclusive jurisdiction.
  18. You may not access the Services if You are Our direct competitor, except with Our prior written consent. In addition, You may not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
  19. Questions about the Terms of Service should be sent to info@whitedove-gannon.com.