Terms & Conditions

Updated: 05.15.24

These terms and conditions (these “Terms”) are entered into by and between any user (“you”) that visits stuartaccounting.com (the “Website”) and Stuart Accounting LLC (“Stuart”, “we” or “us”). The Website and affiliated web pages owned by Stuart, or an authorized third party, provides users with information concerning Stuart’s products and services (collectively, the “Services”). Stuart provides the Website to you subject to the Terms, and your use of the Website is governed by the Terms, which may be updated from time to time without notice to you. The Terms govern your access to and use of the Website and any content, functionality and Services offered on or through the Website, whether your access to and use of the Website is as a guest or as a registered user. Your access to and use of any third-party websites or services in connection with the Services rendered by Stuart is subject to and governed by the terms and conditions that apply to your access to and use of such third-party websites or services.

Acceptance of Agreement

Please read the Terms carefully before you start to use the Website. By accessing the Website, using any Services offered on or through the Website, or clicking to accept or agree to the Terms when that option is made available to you, you accept and agree to be bound and abide by the Terms and by our Privacy Policy, found at https://www.stuartaccounting.com/privacy, which is incorporated herein by reference (the “Privacy Policy”). If you do not want to agree to the Terms or the Privacy Policy, you must not access or use the Website.

In consideration for being provided access to and use of the Website, you represent and warrant that you are of legal age to form a binding contract and are not prohibited from obtaining the Services under the laws of your jurisdiction. In order to access the Website or any of the content, functionality or Services offered through or on the Website, you may be asked to register with the Website and provide certain information about yourself as prompted by the Website’s registration forms or other interactive features on the Website (such information being the ”Client Data”).  As a condition to your use of the Website, you agree to (a) provide true, accurate, current, and complete Client Data about yourself, and (b) maintain and promptly update the Client Data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or if Stuart has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Stuart has the right to suspend or terminate your account and refuse any and all current or future use by you of the Website (or any portion thereof).

Changes to the Terms of Use

We may revise, update, add to, or delete from, the Terms from time to time in our sole discretion. Unless otherwise stated, all changes are effective immediately when we post them on the Website and such changes apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set forth in the Terms will not apply to any disputes of which the parties have actual notice on or prior to the date such changes are posted on the Website.

Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes. You are expected to check the Terms each time you access the Website so you are aware of any changes, as they are binding on you.

Accessing the Website and Account Security

We reserve the right to withdraw, change, or amend the Website and any functionality offered on the Website from time to time in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users. You are responsible for both:

• Making all arrangements necessary for you to have access to the Website; and
• Ensuring that all persons who access the Website through your internet connection are aware of these Terms and comply with them.

You agree that all Client Data you provide to us is governed by the Privacy Policy, and you consent to all actions we take with respect to your Client Data consistent with the Privacy Policy. You understand that through your access to and use of the Website, you consent to the collection, use and disclosure of your Client Data as permitted by our Privacy Policy. If you choose, or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

The Website is not intended to be used by you in any jurisdiction or country outside of the United States, and Stuart makes no claims that the Website or any of the Content is accessible or appropriate outside of the United States. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. Applicable federal and state laws of the United States shall govern your use of this Website. If you are a non-U.S. resident, these laws may not provide the same level of protection as the laws of the country of your residence.

Changes to Services, Rates or Fees

We reserve the right from time to time in our sole discretion, and subject to applicable law, to make any updates, modifications, and adjustments at any time to the Services offered, the content on the Website about the Services, including any descriptions thereof, and any rates or fees associated with any Services, without prior notice. Stuart endeavors to provide content on the Website that is current and accurate; however, errors and misprints may occur. Stuart reserves the right to reject, correct, cancel, or terminate any request for Services for which the price was incorrectly displayed or for which the Website displayed erroneous or inaccurate information. Stuart is not obligated to provide the Services in accordance with any erroneous or inaccurate information contained on the Website.

Authorized Use of Materials on Website

All information and content on the Website, including, without limitation, logos, service names, trademarks, trade names, trade dress, text, graphics, images, audio and video (the “Content”), and the selection, arrangement and orientation of the Content, are protected by copyright, trademark and other intellectual property and proprietary rights and laws. You are authorized to view, copy and print the Content for your personal use only. Except as expressly provided above, all rights are reserved. You may not modify, copy, distribute, transmit, display, perform, reproduce, or use for commercial purposes any Content without prior written authorization from Stuart.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with the Terms. You agree not to use the Website:

In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

• In any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any third party (including by any unauthorized access to, misappropriation, use, alteration, destruction, or disclosure of the data of any other user)
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
• To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Web Content Accessibility Guidelines (WCAG) 2 Level AA Content Standards.
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
• To access or use the Website for purposes of competitive analysis of the Services or the Content, the development, provision, or use of a competing software service or product or any other purpose that is to Stuart’s detriment or commercial disadvantage.
• To impersonate or attempt to impersonate Stuart, a Stuart employee, another user or any other person or entity including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing.
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Stuart or users of the Website, or expose us or them to liability.

Additionally, you agree not to:

Attempt to log on to the Website from any country under sanctions by the Office of Foreign Assets Control (OFAC). Information regarding which countries are under sanctions may be obtained on the U.S. Department of the Treasury website. Any attempt to log on to the Website from one of these countries may result in your access being restricted and/or terminated.

• Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including any other party’s ability to engage in real-time activities through the Website.
• Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the Content on the Website.
• Use any manual process to monitor or copy any of the Content on the Website for any purpose.
• Use any device, software or routine that interferes with the proper working of the Website.
• Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
• Bypass or breach any security device or protection used by the Services or Website or access or use the Services or Website, other than access or use of the Services or Website by an authorized user through such authorized user’s own valid access credentials.
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
• Copy, modify, or create derivative works or improvements of the Services, Content or Website.
• Reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to the source code of the Services or Website, in whole or in part.
• Remove, delete, alter, or obscure any trademarks, documentation, warranties, or disclaimers, or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from any Content, including any copy thereof.
• Otherwise attempt to interfere with the proper working of the Website.

Links to Third Parties

Links to third-party websites from the Website are intended for convenience only. Stuart does not review or control any third-party websites and is not responsible for any third-party websites or the content of any third-party websites. Inclusion of a link to any third-party website does not imply our approval or endorsement of, or our acceptance of any responsibility for, the content or use of such third-party website. Your use of any links or third-party websites is at your own sole risk and Stuart will not be responsible or liable for any damages associated with your access to or use of any links or third-party websites. 

Disclaimer of Warranties

Stuart provides the Website and all Content and Services available through the Website “as is”, without warranties or representations of any kind, whether express or implied. Neither Stuart nor any person associated with Stuart makes any representations or warranties of any kind regarding the Website, the Content, and the Services, or their completeness, security, reliability, quality, accuracy or availability, whether express, implied, statutory, or otherwise, and all representations or warranties of any kind, including any implied warranty of merchantable quality, merchantability, fitness for a particular use or purpose, or non-infringement of third-party rights, are disclaimed by Stuart to the maximum extent permitted by applicable law. WITHOUT LIMITING THE FOREGOING, NEITHER STUART NOR ANYONE ASSOCIATED WITH STUART REPRESENTS OR WARRANTS THAT THE WEBSITE, THE CONSENT OR ANY SERVICES OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT HOSTS THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE, THE CONSENT OR ANY SERVICES OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. 

WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE, ANY SERVICES OR CONTENT PROVIDED THROUGH THE WEBSITE, OR ANY THIRD-PARTY WEBSITE LINKED TO ON THE WEBSITE, OR DUE TO YOUR DOWNLOADING OF ANY CONTENT POSTED ON THE WEBSITE OR ON ANY THIRD-PARTY WEBSITE LINKED TO ON THE WEBSITE.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL STUART OR ANY OF ITS PARTNERS, ASSOCIATES, EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY OTHER USER OR ANY THIRD PARTY FOR ANY:  (a) LOSS OF PRODUCTION, USE, BUSINESS, REVENUE, OR PROFIT OR DIMINUTION IN VALUE; (b) IMPAIRMENT, INABILITY TO USE OR LOSS, INTERRUPTION OR DELAY OF THE SERVICES; (c) LOSS, DAMAGE, CORRUPTION OR RECOVERY OF DATA, OR BREACH OF DATA OR SYSTEM SECURITY; (d) COST OF REPLACEMENT GOODS OR SERVICES; (e) LOSS OF GOODWILL OR REPUTATION; OR (f) DIRECT, INDIRECT, EXEMPLARY, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; ANY OF WHICH ARISE OUT OF THE POSTING OR NON-POSTING OF DOCUMENTS OR INFORMATION ON THE WEBSITE, THE DESIGN, FUNCTIONALITY OR USE OF THE WEBSITE, THE RELIANCE ON ANY STATEMENT OR ADVICE FROM ANY OTHER USER OF THE WEBSITE, THE INABILITY TO GAIN ACCESS TO OR USE THE WEBSITE OR ANY PART THEREOF, OR ANY BREACH OF ANY WARRANTY, EXPRESS OR IMPLIED.

Entire Agreement

The Terms, together with any other terms herein incorporated by reference, constitute the entire agreement between you and Stuart regarding, and govern your use of, the Website and the Content, and supersede any other agreement between you and Stuart, whether oral or written, regarding your use of the Website and the Content. If you obtain any of the Services, you will be subject to additional terms and conditions that will apply to the Services.

Waiver

Any failure of Stuart to enforce any provision of the Terms shall not constitute a waiver of such provision. A waiver of any provision on one occasion shall not be construed as a bar to or waiver of the enforcement of such provision or any other provisions on other occasions.

No Third Party Rights

No provision of this Agreement provides any person or entity not a party to this Agreement with any remedy, claim, liability, reimbursement, or cause of action or creates any other third-party beneficiary rights.

Forum Choice

The Terms shall be governed and construed by the laws of the State of Florida and the applicable laws of the United States, without regard to its conflict of laws provisions. You hereby consent and submit to the personal and exclusive jurisdiction of the courts of the State of Florida located in the county of Martin, in any action or dispute related to the Terms.

Arbitration and Class Action Waiver

At Stuart’s sole discretion, Stuart may require you to submit any disputes arising from your use of the Website or the Terms, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Florida law.

To the extent allowed by law, you agree to irrevocably waive any right you may have to a trial by jury or other court trial (other than small claims court) or to serve as a class representative, as a private attorney general, or in any other representative capacity, or to participate as a member of a class of claimants, in any lawsuit, class arbitration, consolidation of individual arbitrations, or other proceeding filed against us and/or related third parties.