Welcome to Accounting Fulfillment Services, LLC doing business as 1099vibe (“we,” “us,” or “1099vibe”), a provider of a wide variety of information, products, and services related to tax preparation, tax planning, bookkeeping, and business planning via our website at www.1099vibe.com (the “Site”) and our mobile applications available for download (the “Applications”). Please read these Terms of Service, together with the 1099vibe.com Privacy Policy which is incorporated here by reference (together, the “Terms”). These Terms are a legal agreement between you and 1099vibe. If you do not agree with these Terms, do not use any content, products, and/or services made available by us (together with this website, the “Services”).
You acknowledge that the quality of the Services provided by 1099vibe are dependent upon the accuracy of the information provided by you. You also acknowledge it is your sole responsibility to provide complete and accurate information and you will review all final document(s) before approving, signing, submitting, and or filing them with designated recipients.
The 1099vibe Services are only available to users and businesses who are located in the United States. If you or your business is located outside the United States, you may not use the Services. To be “located in the United States,” a business must be both operated and legally established within the United States.
If you have billing questions, please contact our billing department at 800-222-6868 option 3 Monday through Friday between 9 am and 6:30 pm Eastern time.
THESE TERMS ARE A LEGAL AGREEMENT BETWEEN YOU AND 1099vibe. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT PROCEED WITH THE USE OF THIS SERVICE OR DOWNLOAD THE APPLICATIONS. By clicking “I accept,” you agree to be bound by this Agreement. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT ACCESS OR USE THE SITE OR MOBILE APPLICATIONS OR ANY OF THE INFORMATION, PRODUCTS OR SERVICES PROVIDED ON, BY OR THROUGH THE SITE OR MOBILE APPLICATIONS.
THESE TERMS CONTAIN:
- A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS (SECTION 17); AND
- A CONSENT TO RECEIVE AUTOMATED TELEPHONE CALLS AND SMS MESSAGES AND RECORDING OF CALLS (SECTION 16); AND
- A FIFTEEN (15) DAY FREE TRIAL THAT CONVERTS AUTOMATICALLY INTO A PAID MONTHLY SUBSCRIPTION OF $19.99 PER MONTH, WHICH WILL AUTOMATICALLY RENEW AND CHARGE YOUR PAYMENT METHOD EACH MONTH UNTIL YOU CANCEL (SECTION 1)
1. Notice / Cancellations / Refunds / Acceptance of Terms / Billing Errors
a. Notice
This Agreement governs your use of the Site and the Applications. It is your responsibility to carefully read, review and fully understand the terms and conditions of this Agreement. You agree and acknowledge that we are willing to provide you with access to the Site and the Applications on the sole condition that you accept all of the terms and conditions contained herein.
b. Cancellations
Many of our products and services are available on a subscription basis, which you may cancel at any time. In order to minimize any confusion, we can accept cancellations in writing ONLY. If you signed up for products and services via phone or online, you may cancel by written notice to us by email to 1099vibe@1800accountant.com, by phone to 800-222-6868 option 3, or by sending us a letter at 260 Madison Avenue, Suite 1001, New York, NY 10016. Please first contact our billing department at 1099vibe@1800accountant.com to resolve any cancellation or refund questions or issues. Charges from us will appear on your billing statement as “1-800Accountant”.
Cancellation during the free trial. If you cancel at any time during the fifteen (15) day free trial period described in Section 1(c), your cancellation will take effect immediately, your access to the Services will end, and you will not be charged.
Cancellation after the free trial. If you cancel after the free trial period has concluded, cancellation will become effective as of the next monthly billing cycle following receipt of your request. Monthly fees already charged are non-refundable and are not pro-rated for partial months.
If you have purchased a Service that requires your participation, such as filing income tax returns or filing documents to establish a corporation, once our Service is correctly provided to you, you cannot cancel that previously provided Service, even if you decide not to participate further.
c. Refunds / Prepaid Services / Payment
Payment. You must make payments with a valid credit card acceptable to 1099vibe. If your payment and registration information is not accurate, current, and complete and you do not notify us promptly when such information changes, we may suspend or terminate your account and refuse any use of the Services. 1099vibe will automatically renew your Services at the then-current rates unless the Services are canceled or terminated under these Terms.
Free Trial and Automatic Renewal. 1099vibe offers a fifteen (15) day free trial. You may cancel at any time during the fifteen (15) day free trial period in accordance with Section 1(b) and you will not be charged. IF YOU DO NOT CANCEL BEFORE THE END OF THE FIFTEEN (15) DAY FREE TRIAL PERIOD, YOUR PAID SUBSCRIPTION WILL BEGIN AUTOMATICALLY AND THE PAYMENT METHOD YOU PROVIDED AT SIGN-UP WILL BE CHARGED $19.99. THEREAFTER, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AND YOUR PAYMENT METHOD WILL BE CHARGED $19.99 EACH MONTH UNTIL YOU CANCEL. YOU AUTHORIZE US TO CHARGE YOUR PAYMENT METHOD ON THIS RECURRING MONTHLY BASIS WITHOUT FURTHER AUTHORIZATION FROM YOU UNTIL YOU CANCEL.
Fee Changes. 1099vibe may change the amount of the subscription fee in its sole discretion from time to time upon notice to you.
Prepaid Services. Any prepaid Services must be used within one year from the service start date. Any unused Services after one year from the service start date will automatically expire and are non-refundable.
Monthly and Quarterly fees are non-refundable prior to cancellation and are NOT pro-rated for partial months. All refunds will be made using the same form of payment you used to pay the fees: if you paid via credit card, any refund will be credited to you in the next monthly billing cycle following receipt of your cancellation notice. YOU ACKNOWLEDGE AND AGREE THAT WE MAY SUBMIT MONTHLY OR QUARTERLY CHARGES WITHOUT FURTHER AUTHORIZATION FROM YOU UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD.
Annual, Bi-Annual, and One-Time initial cost of service fees are up to 90% refundable only within 30 days from your initial purchase date, less services rendered. After 30 days from the initial purchase date, the fees paid are non-refundable. We strongly encourage our customers to fully utilize our products and services in the first 30 days following their purchase to determine if the service is a good fit for you and/or your business. We will withhold a $200 fee for entity classification election filings completed.
d. Third Party Agreements
To the extent that you elect to purchase any goods or services from third parties (which may be combined with our offerings) you are subject to and agree to be bound by any applicable agreements (the “Third Party Agreements”) that you may be required to accept in order to access such third party services, as well as any guidelines or rules applicable to such information, products or services. The third party may contact you by email and/or phone regarding the Third Party Agreements or their products or services. 1099vibe HEREBY DISCLAIMS LIABILITY FOR ANY INFORMATION, MATERIALS, PRODUCTS OR SERVICES POSTED OR OFFERED AS PART OF ANY THIRD PARTY SERVICES. 1099vibe IS NOT LIABLE FOR ANY FAILURE OF PRODUCTS OR SERVICES OFFERED OR ADVERTISED AT THOSE SITES. A THIRD PARTY MAY HAVE A PRIVACY POLICY DIFFERENT FROM THAT OF 1099vibe AND THE THIRD PARTY WEBSITE MAY PROVIDE LESS SECURITY THAN OUR SITE OR APPLICATIONS.
e. Billing Errors
In the event that you believe you have been incorrectly billed, or have any questions regarding your bill from 1099vibe, please contact our billing department at 1099vibe@1800accountant.com to resolve any issues before contacting your credit card company. Charges from us will appear on your billing statement as “1-800Accountant”.
2. Eligibility
You are not permitted to use the Site, any of our products or services if you are under the age of 18.
3. Products and Services
a. Your purchase receipt provides the details of the Services to which you are entitled pursuant to your subscription. Your eligibility for any of our particular Services is subject to our final acceptance and approval. To use and access the Site or the Applications, you will need access to the Internet, either directly or through devices that access web-based content, and pay any service fees associated with such access, including data charges associated with use of the Applications. You are responsible for providing all equipment necessary to make such connection to the Internet. Access to the Site or Applications and certain services may be limited or delayed based on problems inherent in the use of the Internet and electronic communications and you agree that we are not responsible for delays, deletion of data, timeliness of services, or the failure to store any of your data or personalization settings. WE ALSO MAKE NO REPRESENTATIONS, WARRANTIES OR ASSURANCES AS TO THE AVAILABILITY OF THE SITE AS THE SITE MAY BE LIMITED OR UNAVAILABLE FOR REASONS SUCH AS TELECOMMUNICATIONS FAILURE, HARDWARE FAILURE, SOFTWARE FAILURE OR ANY OTHER REASON NOT WITHIN 1099vibe’S CONTROL.
b. Bookkeeping Transactions: We will prepare up to the number of transactions paid for or the number of months paid for, whichever comes first. For example, 0-75 transactions would account for 900 transactions to be categorized for the year or 12 months of bookkeeping. If we finish 900 transactions before the 12-month term, the service will be completed based on the 900 transactions done first.
c. You acknowledge that some of our services are dependent on your cooperation. It is your responsibility to provide us with complete and accurate information in order to properly and adequately provide you with any of our services and it is your responsibility to verify the completeness and accuracy of information submitted for tax preparation services including, but not limited to, W-2, 1099 and other supporting tax documents imported from any financial institutions. If you choose to electronically import tax documents such as W-2 and 1009’s from a financial institution directly into our tax software, it is your responsibility to verify the accuracy of such tax information and to verify the accuracy of your tax returns prior to filing.
Some of the tasks you would like us to help you with not only require your participation, but also require you to file documents with state government agencies or others. You, and not 1099vibe, will be responsible for all filing and other third-party fees.
d. Through the use of the Site or the Applications, we are not providing investment advice or legal advice, and the material on the Site or the Applications should not be regarded as an offer to sell, or a solicitation of an offer to buy, any securities from us.
4. Mobile Application
Your access to, and availability of the Applications is dependent on (i) your computer, mobile device, home wiring, home Wi-Fi network, Bluetooth connection, and other related equipment, (ii) your Internet service provider, and (iii) your mobile device carrier.
You acknowledge and agree that the availability of the Applications is dependent on the third party websites from which you download the Applications, e.g. the App Store from Apple or the Android app market from Google (each, an “App Store”). You acknowledge that this Agreement is between you and 1099vibe and not with an App Store. Each App Store may have its own terms and conditions to which you must agree before downloading mobile applications from it. You agree to comply with, and your license to use the Applications is conditioned upon your compliance with, such App Store terms and conditions. To the extent such other terms and conditions from such App Store are less restrictive than, or otherwise conflict with, the terms and conditions of this Agreement, the more restrictive or conflicting terms and conditions in this Agreement apply. If you downloaded the Application from the Apple Store, you agree that the following terms apply: You agree and acknowledge that Apple is not responsible for the software and its content. In addition, your use of such software downloaded from such location is limited to a non-transferable license to use the software on any Apple branded products running iOS (including but not limited to iPad, iPhone, and iPod touch) (“iOS Devices”) or Mac OS X (“Mac Computers”), as applicable (collectively “Apple Device(s)”) that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service. Moreover, we hereby inform you and you acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the software. Apple has no warranty obligation with respect to the software and any claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty set forth in this License Agreement is the responsibility of 1099vibe. Please note that 1099vibe has disclaimed all warranties to the extent permitted (see section above). Apple is not responsible for addressing any claims relating to the Software or your possession and/or use of the Software, including, but not limited to: (i) product liability claims; (ii) any claim that the software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for any third-party infringement claims that the software or your possession and use of the Software infringe a third party’s intellectual property rights.
Third Party Beneficiary: 1099vibe and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this License Agreement with respect to any such Software, and that Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof as set forth herein.
5. No Unlawful or Prohibited Use; User Content
As a condition of your use of the Site or the Applications, you warrant to us that you will not use, or permit any third party to use, the Site for any purpose that is unlawful or prohibited by these terms and conditions. Any violation of these terms will result in automatic termination of your permission to use the Site or the Applications.
You agree not to: (a) decompile, reverse engineer, disassemble, modify, reduce the Site or the Applications to human perceivable form or create derivative works based upon the Site or the Applications or any part thereof; (b) disable any licensing or control features of the Site or the Applications; (c) merge the Site or the Applications with another program or create derivative works based on the Site or the Applications; (d) remove, obscure, or alter any notice of the copyright or other proprietary legends on the Site or the Applications; (e) sublicense, assign, translate, rent, lease, lend, resell for profit, distribute or otherwise assign or transfer the or access to the Site or Applications to others; (f) use, or allow the use of, the Site or Applications in contravention of any federal, state, local, foreign or other applicable law, or rules or regulations of regulatory or administrative organizations; or (g) otherwise act in a fraudulent, illegal, malicious or negligent manner when using the Site or the Applications. Except as expressly provided herein, 1099vibe and the third parties reserve all rights with respect to the Site and the Applications, and may pursue all legally available options under both civil and criminal laws (and may cooperate with law enforcement agencies) in the event of any violations.
6. License
Except as otherwise provided in this Agreement, we grant you a personal, limited, revocable, non-transferable and non-exclusive license to display on your computer or your mobile devices, print, download and use screen content that is made available to you on the Site or the Applications, solely as necessary to receive the products and services provided on the Site or the Applications. No other use is permitted. You may not modify or create a derivative work of any such content nor may you include such content on another website or with any product or service that you create or distribute. It is further prohibited that you reproduce, duplicate, copy, sell, rent, resell or exploit for any commercial purposes any portion of this Site.
7. Intellectual Property
The trade names, trademarks and logos used on the Site and the Applications are 1099vibe’s trademarks, service marks, trade dress (“Trademarks”) and these Trademarks are protected under United States and international law. All text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, software, and all other content on the Site or the Applications, is also property of 1099vibe or its licensors and is also protected by United States and international copyright laws. The Trademarks and the associated products and services and their display on and availability through the Site does not convey or create any license or other rights in these Trademarks. You may not use any meta tags or any other hidden text using the Trademarks. Unauthorized copying, reverse engineering, redistribution, reproduction, publication or modification of Site and Applications content by any person without our prior written authorization is strictly prohibited and may be a violation of federal or common law, trademark, patent and copyright laws. You are also strictly prohibited from using content from the Site and the Applications on any other web site, from creating works or materials that derive from or are based on the Site and the Applications content, regardless of the intended use of the derivative materials.
8. Modifications to Sites
The content on the Site and the Applications is subject to change and we reserve the right to modify, suspend or discontinue the Site or the Applications, temporarily or permanently, at any time, for any reason and without notice. You agree that we are not liable to you or to any third party for any modification, suspension or discontinuance of the Site or the Applications.
9. User Obligations; Right to Refuse Service
You agree that all information submitted to 1099vibe for registration and with respect to the Services and will be accurate, current and complete. In consideration of your use of the Site and Applications and our Services, you agree to provide us with truthful, accurate, current and complete information. You acknowledge and understand that it is our role to provide bookkeeping and tax preparation services and you agree that it is your responsibility to provide (a) accurate and complete records, documents, explanations and other information to enable us to provide the Services, (b) to review the information we provide for errors and notify us on a timely basis, and (c) to provide us with additional information that may be requested for the preparation of taxes, and access to persons within your business with whom we determine necessary to communicate. You have the final responsibility for income tax returns; therefore you should review them carefully before you sign them. Our work in connection with tax preparation does not include any procedures designed to discover irregularities, should any exist.
It is each individual user’s responsibility to remember and protect such password and not to disclose it to any other person. Remember to choose a strong password, including numbers, capital letters, special characters, etc., and is not typically found in a dictionary. If we suspect that any information submitted to us is untrue, inaccurate, incomplete or not current, we have the right to suspend or terminate your account and all future use of the Site or the Applications. You further acknowledge that 1099vibe reserves the right to refuse or terminate service to you for any reason no reason, including without limitation, any violation of these Terms.
You should retain all original documentation and provide only copies of originals, canceled checks, and other information for the basis of providing the Services. 1099vibe expressly excludes liability for any loss of data, no matter how caused.
10. Client Account; Password and Security
The use of our online Services require registration and/or Client Account set up and upon completing registration, 1099vibe may supply you with a user name. You are responsible for maintaining the confidentiality and security of the user name and your password and for ensuring that you are properly closed out of your account after each session. You acknowledge that you are fully responsible for all activities that occur under your online account, and you agree to immediately notify us of any unauthorized use of your password or account, or any other breach of security of which you are aware. We are not responsible for any loss or damage resulting from your failure to comply with the obligations provided in this section.
11. Transactions with Third Parties
You acknowledge that any business dealings with, or participation in promotions of, advertisers or third parties found on or through our Site or Applications, are solely between you and such parties and we are not be responsible for any losses, damages, liabilities, claims, judgments, costs or expenses of any nature or kind that you incur as a result of any such dealings. You further agree to indemnify us from any claims asserted against us as a result of any such dealings.
12. Third Party Links
The Site or the Applications may display links or references to third party sites, the content of which 1099vibe makes no assurances or warranties. We may also include widgets to connect or link you with various social media sites or pages. The Site and the Applications do not incorporate any materials appearing in such linked sites by reference. We make no representations with respect to the content on such sites and disclaim any opinions expressed on these sites. We are not responsible for the content on any of these third party sites and shall not be liable for damages or injury incurred by you as a result of any use or reliance on content or information contained in these third party sites. 1099vibe reserves the right to terminate a link to a third party web site at any time. The third party sites are not controlled by 1099vibe, and may have different terms of use and privacy policies, which 1099vibe encourages you to review.
13. Disclaimer of Warranties
EXCEPT AS PROVIDED HEREIN AND TO THE EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES FOR PRODUCTS AND SERVICES OFFERED ON THE SITE AND THE APPLICATIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ALL STATUTORY WARRANTIES, WARRANTIES OF MERCHANTABILITY, WARRANTIES OF ACCURACY, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES OF NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
YOU ACKNOWLEDGE AND AGREE THAT USE OF THE SITE AND THE APPLICATIONS IS DONE SO AT YOUR OWN RISK AND YOU AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA WHICH OCCURS AS A RESULT OF DOWNLOADING OR OBTAINING ANY MATERIAL FROM THE SITE OR THE APPLICATIONS.
Except as expressly provided in this Agreement, we are not responsible for the timeliness, sequence, quality, accuracy, content, completeness, legality, reliability, operability or availability of information or material contained on the Site and the Applications. You understand and agree that 1099vibe is not a law firm and it is in no way providing legal advice of any kind and communications with representatives of 1099vibe may not be privileged. Any and all content and information on the Site or the Applications or communications sent to you via the Site or the Applications, or otherwise received from us, is provided only for informational purposes and not to provide legal, investment, tax or accounting advice. Please consult with a 1099vibe or other qualified professional.
IRS Circular 230 Notice. Nothing in our communications with you (including, but not limited to, any emails, web site content, attachments, enclosures or other accompanying materials) relating to any federal tax transaction or matter are considered to be “covered opinions” as described in Circular 230.
14. Limitation of Liability
EXCEPT AS EXPRESSLY PROVIDED HEREIN OR AS PROHIBITED BY LAW, WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CLAIMS OF ANY KIND ARISING IN CONNECTION WITH YOUR USE OF THE SITE OR ARISING OUT OF COMMUNICATIONS FROM US INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS AND LOST OPPORTUNITIES. IF THERE IS LIABILITY FOUND ON THE PART OF 1099vibe, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
15. Indemnification
EXCEPT AS EXPRESSLY PROVIDED HEREIN OR AS PROHIBITED BY LAW, YOU AGREE TO HOLD 1099vibe AND ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT ARISING OUT OF YOUR VIOLATION OF THIS AGREEMENT OR OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF 1099vibe HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
16. Consent to Telephone Calls and SMS Messages
a. You acknowledge that by voluntarily providing your telephone number(s) to 1099vibe, you authorize us to contact you using automatic telephone dialing systems, artificial or pre-recorded voice message systems and automated text messaging systems in order to provide you with information regarding your Client Account, promotional offers, any transaction with us, and/or your relationship with 1099vibe. You agree to receive such calls and text messages even if you cancel your account or terminate your relationship with, except if you opt out, as provided below. You expressly authorize us to make such contacts using any telephone numbers (including wireless, landline and VOIP numbers) you have supplied or will supply to us in connection with your Account or any other phone numbers we can reasonably associate with your Account through lawful means, such as skip tracing, caller ID capture, or other means. You understand that anyone with access to your telephone may listen to or read the messages we leave or send you. You agree that we will have no liability in connection with third parties accessing your telephone. Consent to receive promotional automated marketing calls/texts is not a condition of purchasing the Services. Calls or text messages to you may be made by or on behalf of 1099vibe even if your telephone number is registered on any state or federal Do Not Call list.
b. You represent and warrant that you are the owner and/or primary user of any phone number you provide to us. Should any of your telephone numbers change, you agree to notify us before the change goes into effect by email and/or updating your account profile. You agree to indemnify, defend and hold us harmless from and against any and all claims, losses, liability, costs, and expenses (including reasonable attorneys’ fees) arising from failure to update your contact information (including your telephone number), your voluntary provision of a telephone number that is not your own, and/or your violation of any federal, state, or local law, regulation, or ordinance.
You understand that your cellular or mobile telephone provider may charge you fees for calls that we make or texts that we send to you according to the type of plan you carry, and you agree that we will have no responsibility or liability whatsoever for such fees.
c. At any time, you may withdraw your consent to receive (1) automated telephone calls; (2) automated SMS messages, and/or (3) telemarketing calls. You must (i) provide us with written notice revoking your consent; (ii) in that written notice, you must include your full name, mailing address, email address used to contact you, and the specific phone number(s) for which you are revoking consent; and (iii) send this written notice to 1099vibe, 260 Madison Avenue, Suite 1001, New York, NY 10016. Alternatively, to stop marketing text messages, simply reply “STOP” to any marketing text message that we send you. You acknowledge and agree to accept a final text message confirming your opt-out. Opting out may prevent you from receiving messages regarding products, services, updates, improvements, or special promotions. Please allow up to thirty (30) days to process any opt-out request. To stop receiving automated telephone calls, automated SMS messages and/or telemarketing calls from our Providers, you must follow their procedures on their respective websites.
Please note that if you opt out of automated calls, we reserve the right to make non-automated calls to you relating to your account, any transaction, or your relationship with us. Your obligations under this Section shall survive termination of these Terms of Service. If you have any questions about opting out, please contact us via email at support@1800accountant.com or by calling Customer Support at 800-222-6868, option 3.
17. Arbitration and Class Action Waiver
1099vibe and you agree to arbitrate all disputes and claims between us before a single arbitrator. You agree that, by entering into these Terms, you and 1099vibe are each waiving the right to a trial by jury or to participate in a class action. These Terms evidence a transaction or website use in interstate commerce, and thus the Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of this provision. This arbitration provision will survive termination of these Terms.
(a) Arbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section.
(b) Arbitration Location and Procedure. Unless otherwise agreed, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and we submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
(c) Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable.
(d) Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.
(e) Changes. Notwithstanding the provisions of the modification-related provisions above, if we change this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice within 30 days of the date such change became effective, as indicated in the “Last Updated Date” above. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and us in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
18. Data Processing and AI Analysis
By using our Services, you expressly acknowledge and agree that your messages, chats, and conversations may be processed and analyzed by non-public Artificial Intelligence (AI) applications, large language models (LLMs), and machine learning tools. This data processing is conducted strictly to improve service functionality, provide automated assistance, and enhance your overall user experience. We utilize secure, enterprise-grade, non-public AI environments to ensure that your conversations are not used to train publicly accessible models, and all such processing is subject to strict confidentiality and data security protocols in accordance with our Privacy Policy.
19. Miscellaneous
a. Applicable Law and Venue. This Agreement shall be governed and construed in accordance with the laws of the State of New York without regard to conflicts of law or choice of law principles. Any proceeding arising between the parties in any manner pertaining to this Agreement shall be held in New York County, New York.
b. Entire Agreement. This Agreement and the Privacy Policy sets forth all the promises, covenants, agreements, conditions, and understandings between the parties hereto, and supersedes all prior and contemporaneous agreements, understandings, inducements or conditions, expressed or implied, oral or written, relating to the subject matter contained herein.
c. Modifications. You may not modify or amend this Agreement in whole or in part without the prior written consent of one of our authorized representatives. We may replace or modify this Agreement at any time by posting new terms of service to the Site. You are responsible for checking the terms of service periodically for changes and your use of the Site, or any products or services provided through the Site, will be subject to the terms of service in force at the time of such use.
d. No Waiver. No waiver of any provision of this Agreement shall be effective unless it is in writing and signed by the party against whom it is asserted, and any such written waiver shall only be applicable to the specific instance to which it relates and shall not be deemed to be a continuing or future waiver. Our failure to insist upon or enforce strict performance of any provision of this Agreement or any right shall not be construed as a waiver of any such provision or right.
e. Severability. If any provision of this Agreement, or the application thereof to any person or circumstance shall, for any reason or to any extent, be invalid or unenforceable, the remainder of this Agreement and the application of such provision to other persons or circumstances shall not be affected thereby, but rather shall be enforced to the greatest extent permitted by law. The invalidity of any part of this Agreement shall not render invalid the remainder of this Agreement.
f. Successors and Assigns. This Agreement and any amendments thereto shall inure to our benefit and to the benefit of our successors and assigns. We reserve the right to assign our rights and duties under this Agreement to any party at any time without notice to you. Any and all references in this Agreement to us shall include our parent companies, sister companies, and their respective subsidiaries, affiliates, directors, officers, employees, contractors and agents.
g. Headings. The headings contained herein are for convenience only and shall have no legal or interpretive effect.
h. Site Controlled from the United States. This Site and the Applications are controlled from offices within the United States. 1099vibe makes no representation that content or materials in this Site or the Applications are appropriate or available for use in other jurisdictions. Access to this Site or the Applications content or materials from jurisdictions where such access is illegal is strictly prohibited. If you choose to access this Site or the Applications from other jurisdictions, you do so at your own risk. You are always responsible for your own compliance with applicable laws.
i. Not Authorized to Do Business In Every Jurisdiction. 1099vibe is not authorized to do business in every jurisdiction. Information published on this Site may contain references or cross-references to goods or services that are not available in your state or country.
Contact Us
For further information, or inquiries about this Agreement, please contact: