Terms of Use

ACCOUNTME WEBSITE AND/OR APP TERMS AND CONDITIONS



Introduction
These terms and conditions govern your use of this website and/or app; by using this website and/or app, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website and/or app. 
 
You must be at least [18] years of age to use this website and/or app.  By using this website and/or app and by agreeing to these terms and conditions you warrant and represent that you are at least [18] years of age.
 
License to use website and/or app
 
Unless otherwise stated, Jared McCluskey and/or its licensors own the intellectual property rights in the website and/or app and material on the website and/or app.  Subject to the license below, all these intellectual property rights are reserved.
 
You may view, download for caching purposes only, and print pages or screenshots from the website and/or app for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.  
 
You must not:
 
republish material from this website and/or app (including republication on another website and/or app);
sell, rent or sub-license material from the website and/or app;
show any material from the website and/or app in public;
reproduce, duplicate, copy or otherwise exploit material on this website and/or app for a commercial purpose;
edit or otherwise modify any material on the website and/or app;
redistribute material from this website and/or app except for content specifically and expressly made available for redistribution.
 
Where content is specifically made available for redistribution, it may only be redistributed within your organization.
 
Billing
 
By entering your payment information, you agree to allow Jared McCluskey/AccountMe to charge you for the amount specified for the plan you sign up for, on a recurring basis and/or one-time basis. Please direct any billing questions to hello@accountmeapp.com.
 
Acceptable use
 
You must not use this website and/or app in any way that causes, or may cause, damage to the website and/or app or impairment of the availability or accessibility of the website and/or app; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
 
You must not use this website and/or app to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
 
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website and/or app without Jared McCluskey’s express written consent.
 
Restricted access
 
Access to certain areas of this website and/or app is restricted.  Jared McCluskey reserves the right to restrict access to other areas of this website and/or app, or indeed this entire website and/or app, at Jared McCluskey’s discretion.
 
If Jared McCluskey provides you with a user ID and password to enable you to access restricted areas of this website and/or app or other content or services, yxou must ensure that the user ID and password are kept confidential.  
 
Jared McCluskey may disable your user ID and password in Jared McCluskey’s sole discretion without notice or explanation, without refund, without any stated reason.
 
User content
 
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website and/or app, for whatever purpose.
 
You grant to Jared McCluskey a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media.  You also grant to Jared McCluskey the right to sub-license these rights, and the right to bring an action for infringement of these rights. You also agree to subscribe your email to the AccountMe mailing list by registering.
 
Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Jared McCluskey or a third party (in each case under any applicable law).  
 
You must not submit any user content to the website and/or app that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
 
Jared McCluskey reserves the right to edit or remove any material submitted to this website and/or app, or stored on Jared McCluskey’s servers, or hosted or published upon this website and/or app. 
 
No warranties
 
This website and/or app is provided “as is” without any representations or warranties, express or implied.  Jared McCluskey makes no representations or warranties in relation to this website and/or app or the information and materials provided on this website and/or app.  
 
Without prejudice to the generality of the foregoing paragraph, Jared McCluskey does not warrant that:
 
λ this website and/or app will be constantly available, or available at all; or
λ the information on this website and/or app is complete, true, accurate or non-misleading.
 
Nothing on this website and/or app constitutes, or is meant to constitute, advice of any kind.  If you require advice in relation to any legal or financial matter you should consult an appropriate professional.
 
Limitations of liability
 
Jared McCluskey will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website and/or app:
 
λ for any indirect, special or consequential loss; or
λ for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
 
These limitations of liability apply even if Jared McCluskey has been expressly advised of the potential loss.
 
Exceptions
 
Nothing in this website and/or app disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website and/or app disclaimer will exclude or limit Jared McCluskey’s liability in respect of any:
 
λ death or personal injury caused by Jared McCluskey’s negligence;
λ fraud or fraudulent misrepresentation on the part of Jared McCluskey; or
λ matter which it would be illegal or unlawful for Jared McCluskey to exclude or limit, or to attempt or purport to exclude or limit, its liability. 
 
Reasonableness
 
By using this website and/or app, you agree that the exclusions and limitations of liability set out in this website and/or app disclaimer are reasonable.  
 
If you do not think they are reasonable, you must not use this website and/or app.
 
Credit
 
This document was created using a Contractology template available at http://www.freenetlaw.com.
 
Other parties
 
You agree that you will not bring any claim personally against Jared McCluskey and/or Jared McCluskey’s officers or employees in respect of any losses you suffer in connection with the website and/or app.
 
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website and/or app disclaimer will protect Jared McCluskey’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Jared McCluskey. 
 
Unenforceable provisions
 
If any provision of this website and/or app disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website and/or app disclaimer.
 
Indemnity
 
You hereby indemnify Jared McCluskey and undertake to keep Jared McCluskey indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Jared McCluskey to a third party in settlement of a claim or dispute on the advice of Jared McCluskey’s legal advisers) incurred or suffered by Jared McCluskey arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
 
Breaches of these terms and conditions
 
Without prejudice to Jared McCluskey’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Jared McCluskey may take such action as Jared McCluskey deems appropriate to deal with the breach, including suspending your access to the website and/or app, prohibiting you from accessing the website and/or app, blocking computers using your IP address from accessing the website and/or app, contacting your internet service provider to request that they block your access to the website and/or app and/or bringing court proceedings against you.
 
Variation
 
Jared McCluskey may revise these terms and conditions from time-to-time.  Revised terms and conditions will apply to the use of this website and/or app from the date of the publication of the revised terms and conditions on this website and/or app.  Please check this page regularly to ensure you are familiar with the current version.
 
Assignment
 
Jared McCluskey may transfer, sub-contract or otherwise deal with Jared McCluskey’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
 
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.  
 
Severability
 
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect. 
 
Entire agreement
 
These terms and conditions constitute the entire agreement between you and Jared McCluskey in relation to your use of this website and/or app, and supersede all previous agreements in respect of your use of this website and/or app.
 
Law and jurisdiction
 
These terms and conditions will be governed by and construed in accordance with Texas and the United States, and any disputes relating to these terms and conditions will be subject to the Texas/U.S. law.
 
Knowledge
 
By using this app, you agree that Jared McCluskey/AccountMe is not responsible for any data you input. Jared McCluskey/AccountMe does not guarantee the encryption nor safety of any data entered into the app and/or website.
 
By using this app, you understand that Jared McCluskey/AccountMe does not provide financial advice and does not claim to provide financial advice. Please consult professional services if needed. 
 
Agreement to Arbitrate
 
By using this app and/or paying for a subscription, you waive your right to litigate in court with AccountMe and/or Jared McCluskey.
Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The number of arbitrators shall be one. The place of arbitration shall be Dallas-Fort Worth, Texas.
Texas law shall apply. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. 
 
Jared McCluskey’s details
 
The full name of Jared McCluskey is Jared Daniel McCluskey, but may function DBA (doing business as) AccountMe.  
 
You can contact Jared McCluskey by email to hello@accountmeapp.com.