Terms Of Service

Effective: February 7, 2022

Thank you for using our services! These terms of service (“Terms”) govern your use and access to our services, client software, and websites (“Services”). We use Linda Magalona Accounting, as our technology platform to provide our services securely. By using our Services, you agree to be bound by these Terms and our Privacy Policy. If you are using our Services on behalf of an organization, you are agreeing to these Terms on behalf of that organization.

Your Stuff & Your Permissions

When you use our Services, you provide us with your files, content, messages, contacts, and other data (“Your Stuff”). Your Stuff remains yours. These Terms do not grant us any rights to Your Stuff except for the limited rights necessary to offer the Services.

We need your permission to perform tasks such as hosting Your Stuff, backing it up, and sharing it upon your request. Our Services include features like eSign, file sharing, email newsletters, appointment setting, and more, which may require us to access, store, and scan Your Stuff. You grant us permission to do these things, extending this permission to our affiliates and trusted third parties.

Sharing Your Stuff

Our Services allow you to share Your Stuff with others. Please consider carefully what you share.

Your Responsibilities

You are responsible for your conduct and Your Stuff. Your Stuff must comply with applicable laws and should not infringe on others’ intellectual property rights. We may review your conduct and content for compliance with these Terms, though we are not obligated to do so. We are not responsible for the content shared by users via the Services.

Please safeguard your password and keep your account information current. Do not share your account credentials or allow others access to your account.

You may use our Services only as permitted by applicable law, including export control laws and regulations. To use our Services, you must meet the age requirements specified by your local law, which may be 13, 16, or older.

Software

Some of our Services allow you to download client software (“Software”), which may update automatically. We grant you a limited, nonexclusive, nontransferable, revocable license to use the Software solely to access the Services, as long as you comply with these Terms. If any part of the Software is offered under an open-source license, that license may override some of these Terms. You agree not to reverse engineer or decompile the Services or assist others in doing so, unless permitted by law.

Beta Services

We may release beta, preview, early access, or evaluation features that may not be as reliable as other services. Please use these features with that understanding.

Our Stuff

The Services are protected by copyright, trademark, and other laws. These Terms do not grant you any rights to our Services, content, trademarks, logos, or brand features. We welcome feedback and may use comments or suggestions without obligation to you.

Copyright

We respect others’ intellectual property rights and expect you to do the same. Notices of alleged copyright infringement should be reported to legal@lindamagalona.com. We may remove or disable content that infringes on copyright and terminate accounts of repeat infringers. Our designated agent for copyright issues is:

Copyright Agent
Linda Magalona Accounting,
177 E. Colorado Blvd.
Pasadena, CA 90031
legal@lindamagalona.com

Termination

You may stop using our Services at any time. We reserve the right to suspend or terminate your access to the Services with notice if:

(a) you breach these Terms,
(b) your use of the Services poses a risk of harm or loss to us or other users.

We may terminate your access without notice if:

(a) you are in material breach of these Terms,
(b) doing so would result in legal liability for us or compromise our Services, or
(c) prohibited by law.

Discontinuation of Services
We may discontinue the Services due to unforeseen circumstances or legal requirements. If this happens, we will provide reasonable prior notice to allow you to export Your Stuff from our systems.

Services “AS IS”

We aim to provide great Services, but we cannot guarantee certain aspects. TO THE FULLEST EXTENT PERMITTED BY LAW, Linda Magalona Accounting AND ITS AFFILIATES, SUPPLIERS, AND DISTRIBUTORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, ABOUT THE SERVICES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Limitation of Liability

We do not limit our liability where it would be illegal to do so. In countries where exclusions are not allowed, we are responsible only for losses and damages that are reasonably foreseeable. Otherwise, Linda Magalona Accounting and its affiliates, suppliers, or distributors are not liable for indirect, special, incidental, punitive, or consequential damages, loss of use, data, business, or profits.

Resolving Disputes

Let’s try to resolve disputes informally first. Contact us at legal@lindamagalona.com before filing a formal claim. If necessary, judicial proceedings will occur in federal or state courts in Orange County, California, unless laws of your country provide otherwise.

Mandatory Arbitration Provisions (U.S. Residents Only):

We both agree to resolve disputes through binding arbitration by a single arbitrator under AAA rules.
No class actions or similar claims are allowed.

Controlling Law

These Terms are governed by California law, except for its conflicts of laws principles. This does not override local laws of consumer countries.

Entire Agreement

These Terms constitute the entire agreement between you and Linda Magalona Accounting, replacing any prior agreements.

Waiver, Severability & Assignment

Our failure to enforce any provision is not a waiver of our right to do so later. If a provision is unenforceable, the remaining terms remain in effect. You cannot assign your rights under these Terms, but Linda Magalona Accounting can assign its rights.

Modifications

We may revise these Terms to reflect changes in law, regulatory requirements, or improvements to our Services. We will notify you of significant changes at least 30 days in advance. If you do not agree to the changes, please cancel your account. Continued use of the Services after updates take effect means you agree to the revised Terms.

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