Terms of Service
Last Updated: December 2023
Our mission at Lieberman Accounting Services, (“we,” “our” or “us”) is help small business ("customer", "client", or "you") tackle the overwhelm of tax preparation (the “Services”) to thrive in their business. The websites and software applications governed by this policy include google workspace, stripe, our website, and Lacerte.
By using the Service, you are subject to the following Terms of Use (“Terms”). Every time users (“users,” “you” or “your”) visit or use features of the Service, you agree to be bound by these Terms. These Terms outline your rights, obligations and restrictions regarding your use of the Service, please read them carefully. If you do not agree to be bound by the Terms and all applicable laws, you should discontinue use of the Service immediately. Lieberman Accounting Services may modify the Terms from time to time and each modification will be effective when it is posted on the Service. You agree to be bound to any changes to the Terms through your continued use of the Service.
In addition to these Terms, we have adopted We encourage you to read this Terms of Service and our Privacy Policy carefully. Please read our Privacy Policy carefully for information relating to our collection, use, and disclosure of your personal information.
1. OUR SERVICES
The Services consist of cloud-based financial tools and services which may include (i) bookkeeping, accounting, and access to banking services, (ii) financial information storage and reporting, (iii) tax preparation and advisory services, and (iv) the service of communicating information to, from and among third party service providers, as per the Client's instructions. The Client may make certain selections of Services that they wish to procure through the websites or the Account.
Lieberman Accounting Services will provide the Services to the Client until terminated by either Lieberman Accounting Services or the Client, subject to the payment of applicable fees and compliance with these Terms. As part of the Services, Lieberman Accounting Services hereby grants to the Client a non-exclusive, non-transferable, non-assignable right to use the Services, as per these Terms. The Client acknowledges that the Services are cloud-based and hosted services and no copies of the Services or Lieberman Accounting Services platform will be delivered to Client. The Services shall be used by Client solely for Client's own purposes and Lieberman Accounting Services does not convey any right, title or interest in the Services or Lieberman Accounting Services platform to client.
Financial Transactions
Lieberman Accounting Services shall not perform any financial transactions for the Client. The Client may, however, use the Services to communicate instructions to a third-party servicer, such as the IRS payment platform, to perform a financial transaction on behalf of the Client pursuant to the third-party servicer’s privacy policy and terms of service.
Errors
Client shall immediately notify Lieberman Accounting Services of any errors by Lieberman Accounting Services, Client, or third-party service provider in the supply or use of the Services. Where practicable, Lieberman Accounting Services shall use commercially reasonable efforts to investigate errors, but makes no representation as to its ability to correct the error. Client shall provide Lieberman Accounting Services with any information necessary to investigate an error.
2. LIMITATIONS
Prohibited Customers
The following persons are prohibited from using the Services: (i) Persons who appear on the U.S. Department of the Treasury, Office of Foreign Assets Control (OFAC), Specially Designated Nationals List (SDN); (ii) Persons who are less than 18 years of age; and (iii) Persons, or their Affiliates who have procured services from Lieberman Accounting Services and have been terminated by Lieberman Accounting Services. Lieberman Accounting Services reserves the right to decline to provide Services or terminate Services to any business. In any case, any business that is illegal or operates in support of illegal activity is prohibited from using the Services.
Limitations on Use
Client shall not itself and shall not permit any client employees or affiliates, or any other third party to, (i) permit any party to access or use the Services other than the client personnel authorized under this Agreement; (ii) modify, adapt, alter or translate any software underlying the Services; (iii) license, lease, rent, loan, distribute, or otherwise transfer the Services to any third party; (iv) except if, and solely to the extent that, such a restriction is impermissible under Law, reverse engineer, decompile, disassemble, or otherwise derive or determine or attempt to derive or determine the source code (or algorithms, structure or organization) of any software underlying the Services; (v) use or copy the any software underlying the Services except as expressly allowed hereunder; (vi) conduct or promote any illegal activities while using the Services; (vii) use the Services to generate unsolicited email advertisements or spam; (viii) use the Services to stalk, harass or harm another individual; (ix) use any high volume automatic, electronic or manual process to access, search or harvest information from the Services (including without limitation robots, spiders or scripts); (x) except if, and solely to the extent that, such a restriction is impermissible under Law, interfere in any way with the proper functioning of the Services or interfere with or disrupt any servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; (xi) attempt to gain access to secured portions of the Services to which it does not possess access rights; (xii) upload or transmit any form of virus, worm, Trojan horse, or other malicious code; (xiii) use any robot, spider, other automatic device, or manual process to extract, “screen scrape”, monitor, “mine”, or copy any static or dynamic web page on the Services or the content contained on any such web page for commercial use without our prior express written permission; (xiv) impersonate any person or entity, or otherwise misrepresent its affiliation with a person or entity; (xv) mirror or frame the Services or any content, place pop-up windows over its pages, or otherwise affect the display of its pages; or (xvi) publicly display or publicly perform any part of the Services. Client may not use the Services for any purpose other than a purpose for which the Services are expressly designed. If client is prohibited under applicable law from using the Services, client may not use them.
3. INTELLECTUAL PROPERTY RIGHTS
We and our licensors own and retain all proprietary rights in the Service. The Service or any portion of the Service may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Lieberman Accounting Services. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Lieberman Accounting Services without express written consent. You may not use any meta tags or any other “hidden text” utilizing Lieberman Accounting Services name or trademarks without the express written consent of Lieberman Accounting Services. You may not (directly or indirectly) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive source code or underlying ideas or algorithms of any part of the Service, or modify, translate, or otherwise create derivative works of any part of the Service. Any modification of content, or any portion thereof, or use of the content for any other purpose constitutes an infringement of trademark or other proprietary rights of Lieberman Accounting Services or third parties, and any unauthorized use terminates the permission to use the Service granted by Lieberman Accounting Services.
All content included on this Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Lieberman Accounting Services or its content/software suppliers or third-party partners and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Lieberman Accounting Services and protected by U.S. and international copyright laws. All software used on this site is the property of Lieberman Accounting Services or its software suppliers or third-party partners and protected by United States and international copyright laws.
The marks appearing on this Service, including but not limited to Lieberman Accounting Services and any respective logos, emblems, slogans and designs, are trademarks of Lieberman Accounting Services. All other marks used on this Service are the property of their respective owners.
4. CONSENT
Client hereby authorizes Lieberman Accounting Services to, directly or through third parties, make any inquiries and conduct any investigation to verify client identity.
The Services requires certain information concerning client, including but not limited to client name, address, phone number, email address, bank account information and other account information. Client agrees that all information it provides to Lieberman Accounting Services shall be complete and accurate and client shall promptly correct any errors in the information provided to Lieberman Accounting Services.
Subject to the Lieberman Accounting Services Privacy Policy, incorporated herein by reference, and any other separate agreement between client and Lieberman Accounting Services, client and each of client personnel hereby grant Lieberman Accounting Services the right to collect, store, use and disclose client data for the purpose of providing the Services and its integration with Lieberman Accounting Services third party partners. Where client data includes data concerning third parties, client states that it has obtained the necessary consents for Lieberman Accounting Services to collect, process, store such data hereunder from the relevant data subjects.
Subject to any separate agreement between client and Lieberman Accounting Services, client hereby authorizes Lieberman Accounting Services and each third-party partner to each obtain from the others and disclose to the others client data in so far as is necessary to supply their respective services either hereunder or under their respective third-party partner agreements. Where required by law, Lieberman Accounting Services will disclose client data to law enforcement agencies.
5. CLIENT DATA
Accuracy
Client has sole responsibility for the accuracy, appropriateness, and completeness of all provided data. Lieberman Accounting Services will use the data it is provided in performing the Services and is not responsible for reviewing, validating, or otherwise confirming the accuracy, appropriateness or completeness of Client Client data.
Feedback
In the event that client provides Lieberman Accounting Services any ideas, thoughts, criticisms, suggested improvements or other feedback related to the Services (collectively “Feedback”), Customer agrees that Lieberman Accounting Services may use the Feedback to modify the Services and that client will not be due any compensation, including any royalty related to the product or service that incorporates the Feedback. Client hereby grants Lieberman Accounting Services a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made, and otherwise exploit the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same. This is true whether client provides the Feedback on the Services or through any other method of communication with Lieberman Accounting Services.
Limitations
Client shall not take possession of or enter into the Account any data: (i) that Client does not have the lawful right to copy, transmit, distribute, and display (including any Client data that would violate any confidentiality or fiduciary obligations that Client might have with respect to the Client data); (ii) for which Client does not have the consent or permission from the owner of any personally identifiable information contained in the Client data; (iii) that infringes, misappropriates or otherwise violates any Intellectual Property Rights or violates any privacy rights of any third party; (iv) that is false or misleading; (v) that is defamatory, obscene, or offensive; (vi) that violates, or encourages any conduct that would violate, any laws or regulation or would give rise to civil or criminal liability; or (vii) that contains any viruses, trojan horses, spyware, malware, worms, time bombs, cancelbots, or other disabling devices or other harmful component intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
6. INDEMNIFICATION
Client shall defend, indemnify, and hold harmless Lieberman Accounting Services, its employees, officers, directors, affiliates, suppliers, licensors, third party partners and other customers against any and all liability including damages, recoveries, deficiencies, interest, penalties, losses and reasonable attorney’s fees arising out of or relating to: (i) any breach of the terms hereof; (ii) any breach of a third party partner service agreement; (iii) any violation of any laws; (iv) any use of client data by client or other third party; (v) client use of the Services, including in combination with any third party service; (vi) any transaction; (vii) any financial transaction occurring as a result of data communicated via the Services; (viii) any act or omission of any third party partner or client; (ix) costs incurred by Lieberman Accounting Services enforcing the terms hereof or responding to any subpoena relating to client or client data; (x) any claim by a governmental taxing authority; or (xi) any dispute between client and any third party or client personnel.
7. TERMINATION AND SUSPENSION
Lieberman Accounting Services may, in its sole discretion, terminate or suspend your access to all or part of the Service, for any reason, including without limitation, your breach of these Terms. In the event these Terms are terminated, the restrictions regarding content appearing on the Service, and the representations and warranties, indemnities, and limitations of liabilities set forth in these Terms will survive termination. In the event that you are unsatisfied with the services provided by Lieberman Accounting Services, your sole remedy is to terminate your use of the Service.
8. FEES, PAYMENT, AND REFUNDS
Fees
Access to the Services may require client to pay fees, as may be further described on the websites or in the Account. All fees are in U.S. dollars and are non-refundable, unless otherwise provided herein. Lieberman Accounting Services reserves the right to amend the fees by posting new fees on the websites, in the Account, or by providing notification via email; such changes shall take effect within thirty (30) days unless accepted by client earlier.
Payment
Client shall authorize Lieberman Accounting Services and Lieberman Accounting Services third party partners, such as Stripe, to collect payment of fees from a credit card, debit card or other means of payment; Client authorizes Lieberman Accounting Services to charge all fees and other amounts owing hereunder from such payment method.
Without limitation, Lieberman Accounting Services reserves the right to suspend the Services until all fees or other amounts owing hereunder are paid in full or terminate your access to the Service for late payment.
Fees quoted do not include, and Client shall pay, and hold Lieberman Accounting Services harmless from all sales, use, gross receipts, value-added, personal property or other taxes, and all applicable duties, tariffs, assessments, export and import fees or similar charges (including interest and penalties imposed thereon) on the transaction contemplated herein, other than taxes based on the net income or profits of Lieberman Accounting Services.
Refunds
In the event of termination of the Services for any reason except for Client's breach of this Agreement, Lieberman Accounting Services may provide Client with a refund of any pre-paid, but unused fees related to such Services. Client is not entitled to any refund for Lieberman Accounting Services termination of the Services based upon Client's breach.
9. NOT LEGAL, TAX, OR ACCOUNTING ADVICE
Lieberman Accounting Services may provide client with legal, tax or accounting information as part of Lieberman Accounting Services tax preparation, payroll information, and advisory services or on the Lieberman Accounting Services website. Unless such information was provided by a Lieberman Accounting Services licensed professional pursuant to a written agreement between client and Lieberman Accounting Services, such information is not intended to constitute specific legal, tax, accounting, or other professional advice, and may not reflect recent developments in the law, may not be complete, and may not be accurate in or applicable to Client's particular circumstances. As such, Client agrees not to act based on any information provided by Lieberman Accounting Services, unless such information was provided by a Lieberman Accounting Services licensed professional pursuant to a written agreement between Client and Lieberman Accounting Services, or before obtaining advice from other professional counsel qualified in the applicable subject matter and jurisdiction.
10. NO WARRANTIES BY Lieberman Accounting SERVICES
Content; Third Party Servicers
Content from third party partners, other users, suppliers, advertisers, and other third parties may be made available to Client through the Services. Client agrees that Lieberman Accounting Services is not responsible for any such content. Lieberman Accounting Services does not make any guarantees about the accuracy, currency, suitability, or quality of the information in such content and Lieberman Accounting Services assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content made available by other users, advertisers, and other third parties or violation of any third-party rights related to such content. The Services may contain links to websites not operated by Lieberman Accounting Services. Lieberman Accounting Services is not responsible for the content, products, materials, or practices (including privacy practices) of such websites. Lieberman Accounting Services makes no warranty, representation, endorsement, or guarantee regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party websites, products, or services accessible by hyperlink or otherwise from the websites or Services including but not limited to third party partner services. Lieberman Accounting Services provides these links and integrations for Client's convenience only and does not control such third parties. Lieberman Accounting Services inclusion of links to such links or integrations does not imply any endorsement of the materials on such third-party services or any association with their operators. The Services may contain links to sites that are operated by Lieberman Accounting Services but which operate under different terms. It is Client's responsibility to review the privacy policies and terms and conditions of any other site Customer visits or contacts with, including through integration with the Lieberman Accounting Services services. CUSTOMER AGREES THAT IN NO EVENT WILL Lieberman Accounting SERVICES BE LIABLE TO CLIENT IN CONNECTION WITH ANY WEBSITES, CONTENT, MATERIALS, OR PRACTICES OF ANY THIRD PARTY.
Services
THE SERVICES AND ALL MATERIAL OR CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS”, “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Lieberman Accounting SERVICES HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, REPRESENTATIONS OR CONDITIONS, WHETHER WRITTEN OR ORAL, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NONINFRINGEMENT, SECURITY, RELIABILITY, COMPLETENESS, QUIET ENJOYMENT, ACCURACY, QUALITY, INTEGRATION OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. Lieberman Accounting Services DOES NOT WARRANT THAT THE SERVICE WILL OPERATE WITHOUT INTERRUPTION OR BE ERROR FREE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY CUSTOMER FROM THE SERVICES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICES WILL CREATE ANY WARRANTY REGARDING ANY OF THE Lieberman Accounting SERVICES ENTITIES OR THE SERVICES THAT IS NOT EXPRESSLY STATED IN THIS AGREEMENT. CUSTOMER ASSUMES ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM CUSTOMER’S USE OF OR ACCESS TO THE SERVICES, CUSTOMER’S DEALING WITH ANY OTHER USER, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICES. CUSTOMER UNDERSTANDS AND AGREES THAT CUSTOMER USES THE SERVICES, AND USES, ACCESSES, DOWNLOADS, OR OTHERWISE OBTAINS MATERIALS OR CONTENT THROUGH THE SERVICES AND ANY ASSOCIATED SITES OR SERVICES, AT CUSTOMER’S OWN DISCRETION AND RISK, AND THAT CUSTOMER IS SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER’S PROPERTY (INCLUDING CUSTOMER’S COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICES), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OR USE OF MATERIAL OR CONTENT.
SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND CUSTOMER MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION
11. LIMITATION OF LIABILITY
IN NO EVENT WILL Lieberman Accounting SERVICES BE LIABLE FOR DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED TO THIS AGREEMENT EXCEEDING FEES PAID IN RESPECT OF THE SERVICES DURING THE THREE (3) MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY. THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THIS AGREEMENT WILL NOT INCREASE THE MAXIMUM LIABILITY AMOUNT. IN NO EVENT SHALL Lieberman Accounting Services’S SUPPLIERS OR THIRD-PARTY SERVICERS HAVE ANY LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED TO THIS AGREEMENT.
IN NO EVENT SHALL Lieberman Accounting Services BE LIABLE TO CUSTOMER FOR ANY (I) SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, (II) LOST SAVINGS, PROFITS, DATA, USE, OR GOODWILL, (III) BUSINESS INTERRUPTION EVEN IF NOTIFIED IN ADVANCE OF SUCH POSSIBILITY, OR (IV) PERSONAL OR PROPERTY DAMAGE ARISING OUT OF OR IN ANY WAY CONNECTED TO THIS AGREEMENT, REGARDLESS OF CAUSE OF ACTION OR THE THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, GROSS NEGLIGENCE, FUNDAMENTAL BREACH, BREACH OF A FUNDAMENTAL TERM) OR OTHERWISE. IN NO EVENT SHALL Lieberman Accounting Services BE LIABLE FOR PROCUREMENT OR COSTS OF SUBSTITUTE PRODUCTS OR SERVICES. THE FOREGOING LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY HEREIN.
TO THE EXTENT THAT Lieberman Accounting Services MAY NOT, AS A MATTER OF LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF Lieberman Accounting Services’S LIABILITY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW.
12. NOTICES
By providing Lieberman Accounting Services with Client's mobile telephone number, Client consents to receiving text messages and calls at that number as requested for account verification, invitations, and other purposes related to the Services. While Lieberman Accounting Services does not charge a fee for text messages or calls, Client's carrier may charge standard messaging, data, and other fees. Client is responsible for these charges. Lieberman Accounting Services may send and receive text messages and make calls through cellular telephone operators or other networks, and the level of reliability may vary. Lieberman Accounting Services is not responsible for the timeliness or final delivery of the message, as this is out of our control and is the responsibility of the cellular telephone operator or other networks.
13. JURISDICTION AND SEVERABILITY
Lieberman Accounting Services operates the Service from within the United States. Lieberman Accounting Services makes no representations that content and materials on the Service are legal or appropriate for use from outside the United States. If you choose to access the Service from other locations, you do so at your own risk and are responsible for compliance with any and all local laws. You may not use the Service in violation of U.S. export laws and regulations.
These Terms are personal to you, and are not assignable, transferable, or sublicensable by you except with Lieberman Accounting Services prior written consent. Lieberman Accounting Services may assign, transfer, or delegate any of its rights and obligations hereunder without consent.
These Terms will be governed by and construed in accordance with the laws of the state of California. Any action brought to enforce these Terms or matters related to the Service will be brought in either the State or Federal Courts of the state of California. Any claim or cause of action you have with respect to use of the Service must be commenced within one (1) year after the claim arises. In any action or proceeding to enforce rights under the Terms, the prevailing party will be entitled to recover costs and attorneys' fees.
If any provision of these Terms is deemed void, unlawful, or otherwise unenforceable for any reason, that provision will be severed from these Terms and the remaining provisions of these Terms will remain in force.
14. HOW TO CONTACT US
If you have any questions about these Terms, please contact us at:
Email address: jason@liebermanaccountingservices.com
Postal address: 3955 Freshwind Circle, Westlake Village, CA 91361