PEASE BELL, CPAS, LLC
WEBSITE AND MOBILE APPLICATION TERMS OF USE AND PRIVACY POLICY
Introduction – Pease Bell, CPAs, LLC, including Pease Bell, CPAs, Pease Capital Advisors, and any other of its subsidiaries, division, affiliates and brands (collectively “the Company”, “we”, “us” or “our”) respects your privacy and we are committed to protecting it through our compliance with this Website and Mobile Application Terms of Use and Privacy Policy (the “Policy”). This Policy explains our website use and privacy practices with our customers and visitors, including, but not limited to: (i) use of our websites, mobile and desktop applications (the “Site” or “Sites”); (ii) phone or email communications; (iii) social media interactions on our Sites and other third-party websites such as Facebook, YouTube, Pinterest, Instagram and Twitter; and (iv) viewing our online advertisements or emails. This Policy shall govern the relationship between the Company and any person (hereafter referred to as “you”) visiting the Sites.
If you do not agree with any of the terms and conditions in this Policy, please do not access or otherwise use this Site or any information contained on this Site. Your use of the Site shall be deemed to be your agreement to be bound by this Policy.
We reserve the right to amend the Policy at any time, for any reason, and with or without notice of any kind. We may post a notice on the Sites to alert you to any changes or updates. We encourage you to review this Policy regularly to stay informed of the latest changes. Your continued use of the Sites after we make changes to the Policy is deemed to be your acceptance of those changes, so please check the Policy periodically for updates.
General Disclaimer – All information on the Sites is intended for the purpose of facilitating your use of our services and any communications between us. All information on the Sites are exclusive property of the Company. The Company grants you no license or any property rights to any such information. The Company does not represent and warrant the accuracy, completeness, or reliability of the information and other items contained on the Sites. Therefore, you shall not rely on any information provided on the Sites unless the Company expressly approves such in writing.
Legal Disclaimer
Information We Collect – When you browse the Sites and do not interact for any online service or product from the Company, we do not collect personally identifiable information, such as your name, address, phone number, and e-mail address. When you become a registered user on our Sites or provide personally identifying information on our Sites, we will retain certain personal information from you. The type of personal information collected may include name, address, phone number, birth date, billing and delivery information, e-mail address, credit card or other financial account information, other demographic information, and whatever information or documents you provide to us. The type of information you provide will determine the nature and scope of the personal information that is collected.
How Information Is Collected –
- We collect information directly from you. The following are a few examples of when we collect information from you: during Sites or survey registration; if you subscribe to correspondence or newsletters of the Company; if you submit a request, information or other digital content through our Sites or via social media interactions on a third-party website; if you provide information through a mobile application or a Site; if you apply or inquire about employment; if you enter a contest or promotion sponsored by us; when you report a problem with the Sites, etc.
- We collect information from you passively. We may use tracking tools like browser cookies, flash cookies, and web beacons. We use your IP address, cookies, and tags to track user behavior on our Sites and to make usability improvements. We may collect location information regarding your device to enhance our Sites and services and to determine how the mobile applications are being used. We also use cookies to maintain user session identity to store your username and password locally for ease of access.
- “Cookies” are small pieces of information that are stored on your computer’s hard drive. Most Web browsers automatically accept cookies. You can edit your browser options to block cookies in the future or delete pre-existing cookies.
- An IP address identifies every computer on the Internet. Each time you connect to the Internet, your machine is assigned an IP address.
- “Tags” refer to scripts that are used to track a visitor’s activity on our Sites by Web analytics software. A visitor’s activity is anonymous if he/she is not logged in. If a visitor has logged in using his or her username and password, additional information is passed through these tags.
- Flash Cookies. Certain features of our Sites may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on the Sites. Flash cookies are not managed by the same browser settings as are used for browser cookies.
- Web Beacons. Pages of our Sites and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
How we use personal information – Once collected, we may use your personal information for the following purposes:
- Performance of services for you;
- Answer your e-mails or requests;
- Send information that you requested;
- Send and process surveys;
- Ensure the Sites are relevant to your needs;
- Communicate general substantive information about the Company or its products and services;
- Notify you about new products, services, special offers, upgrades, and other related information from the Company and other approved third parties;
- Make improvements to Sites, products or services;
- Send push notifications to your mobile device (which you may opt out of or deactivate by changing the settings on your mobile device);
- To carry out our obligations and enforce our rights arising from any contracts entered into between you and the Company, including billing and collection; and
- For other uses we may disclose to you.
E-mail Policy – For some e-mail messages distributed by the Company, specific information on recipient response is collected. For example, we may review how many recipients open and subsequently choose to click through to links provided in an e-mail message. We may use this information for the purposes of analyzing areas of interest, improving our products, and enhancing the usefulness of our Sites. You can opt-out of receiving e-mail notifications by using the account feature to be opted-out or sending an e-mail to info@peasebell.com
With Whom We May Share Information – We may share your information for our business purposes and as legally required or permitted. For example, your information may be used in connection with the preparation of tax returns and financial statements, in connection with compilations, reviews or audits, in connection with business with our affiliates, and other such purposes.
We may share information that does not identify you regarding, for example, the nature and frequency of the use of the Sites, including for statistical analysis and other business purposes.
Exclusions – We reserve the right to transfer any and all information that we collect from you to third parties in the event that we sell or transfer substantially all of our assets related to the Company to such third party or in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other business transaction.
We may disclose information that we collect if we believe the disclosure is required by law, required to enforce our policies and agreements, or to protect the rights of our clients.
Limits of Policy – This Policy only covers our own collecting and handling of data. We only work with partners, affiliates and third-party providers whose privacy policies align with ours, but we cannot accept responsibility or liability for their respective privacy practices.
Banner advertisements and external links on our Sites – Online advertisements on the Sites do not collect any personally identifiable information on individual visitors. The Company may collect aggregate data on visitors such as time of day and web browser type. This Site may contain links to other web sites, but these linked web sites are neither owned by nor under the control of the Company, and the Company is not responsible for their contents. The fact that we have linked to a third party’s web site does not imply that the Company endorses the site or associates with its operators. Our Sites may contain links to third party websites. If you click on those links, you will be taken to websites we do not control. This Policy does not apply to the information practices of those websites. You should read the privacy policies of other websites carefully. We are not responsible for third party websites.
Children Under the Age of 13 – Pursuant to the Children’s Online Privacy Protection Act, our Sites are not intended for children under 13 years of age. No one under age 13 shall provide any information to or on the Sites. We do not knowingly collect personal information from children under 13 on the Sites. If you are under 13, do not use or provide any information on the Sites or on or through any of its features, register on the Sites, use any of the interactive or public comment features of the Sites or provide any information about yourself to us. If you believe we might have any information from or about a child under 13, please contact us at: info@peasebell.com.
Voluntary Disclosures – You may voluntarily provide information to be published or displayed (hereinafter, “posted”) on public areas of the Sites, or transmitted to other users of the Sites or third parties (collectively, “Voluntary Disclosures”). Your Voluntary Disclosures are posted on and transmitted to others at your own risk. Although we strive to maintain a secure Site, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Sites with whom you may choose to share your Voluntary Disclosures. Therefore, we cannot and do not guarantee that your Voluntary Disclosures will not be viewed by unauthorized persons. If you delete your Voluntary Disclosures from the Sites, copies of your Voluntary Disclosures may remain viewable in cached and archived pages, or might have been copied or stored by other users of the Sites. Proper access and use of information provided on the Sites, including Voluntary Disclosures, is governed by our Terms of Service.
User Comments – If, at our request, you send certain specific submissions, or without a request from us you send comments, creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), unless you request that we keep such Comments in confidence, you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you send to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may monitor, edit or remove Comments in our sole discretion. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third party.
Information Security – The Company implements commercially reasonable security measures to protect against unauthorized access to or unauthorized alteration, disclosure, or destruction of data and personal information. We restrict access to personal information to the Company’s employees and affiliates who may need to know that information in order to perform services for you or improve our products and/or services. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination, if they fail to meet these obligations.
User ID and Password – Certain areas of the Site require the use of a user ID or email address and a password as an additional security measure that helps protect your information. When you have finished using a secure area of a Site, make sure you always click on the “Sign Out” or “Log Out” link. When you click on that link, your secured session will end. No further secure transactions can be conducted without re-entering your user ID and password. You should be aware that browser software often “caches” a page as you look at it, meaning that some pages are saved in your computer’s temporary memory. Therefore, you may find that clicking on your “Back” button shows you a saved version of a previously viewed page. Caching in no way affects the security of your confidential user ID or password. You are responsible for maintaining the confidentiality of your login name and password and you accept responsibility for all activities, charges, and damages that occur under your account. If you have reason to believe that someone is using your account without your permission, you should immediately contact us by telephone or in person . We will not be responsible for any loss or damage resulting from your failure to promptly notify us of unauthorized use.
Note that regular email correspondence is not secure. Do not provide to us sensitive or confidential information (social security number, etc.) through regular email.
No Guarantee – Unfortunately, no data transmission over the internet can be guaranteed to be 100% secure. Accordingly, and despite our efforts, the Company cannot guarantee or warrant the security of any information you transmit to us, or to or from our online products or services. The Company further disclaims all warranties regarding the security of personal information in the hands of payment processors.
Protection From Harm – You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Company disclaims any responsibility for any harm resulting from the use of content posted on the Sites.
Indemnification – You agree to indemnify and hold harmless the Company, and its subsidiaries, affiliates, members, managers, officers, agents, or other partners, and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your participation in the Sites, your violation of this Policy, or your actions that harm the rights of another person or entity.
Limitations of Liability – IN NO EVENT SHALL COMPANY, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, OR AGENTS, BE LIABLE TO USER FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO DIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, ARISING OR RESULTING FROM ANY (i) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (ii) LOST DATA, INTERRUPTIONS IN SERVICE, OR INABILITY TO USE OR ACCESS THE WEBSITE OR SERVICE; (iii) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM USER’S ACCESS TO AND/OR USE OF THE WEBSITE; (iv) ANY UNAUTHORIZED ACCESS TO OR USE OF COMPANY’S SECURE SERVERS AND/OR ANY PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (v) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR; (vi) ANY ERRORS OR OMISSIONS IN ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
USER SPECIFICALLY ACKNOWLEDGES THAT THE WEBSITE AND COMPANY SHALL NOT BE LIABLE FOR USERS’ SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT RISK OF HARM OR DAMAGE FROM THE FORGOING RESTS ENTIRELY WITH USER.
YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USAGE, INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO LOSS OF SERVICE OR DATA. WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR ANY OTHER DAMAGES WHATSOEVER, WHETHER IN AN ACTION OF CONTRACT, STATUTE, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE, RELATING TO OR ARISING OUT OF THE USE OF THIS WEBSITE, EVEN IF WE KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY OF SUCH DAMAGES.
No Warranties. USER AGREES THAT THE SITES AND SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USER’S USE OF THE SITES IS AT USER’S SOLE RISK. COMPANY DISCLAIMS ANY AND ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT ALLOWED BY LAW, AS TO THE OPERATION OF THE SITES, THE SERVICE OR THE INFORMATION, SITES CONTENT, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO USER THROUGH THE SITES AND SERVICE, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY MAKE NO WARRANTY THAT (I) THE SERVICE WILL MEET USER’S REQUIREMENTS; (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY USER THROUGH THE SERVICE, INCLUDING THE CONTENT, WILL MEET USER’S EXPECTATIONS; AND (V) THE CONTENT IS CURRENT AND ACCURATE AND DOES NOT CONTAIN ANY ERRORS OR MISREPRESENTATIONS.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT USER’S OWN DISCRETION AND RISK, AND USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM COMPANY OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF THIS SECTION MAY NOT APPLY TO USER.
THE SITES (INCLUDING, WITHOUT LIMITATION, ANY CONTENT OR OTHER PART THEREOF) CONTAIN GENERAL INFORMATION ONLY, AND WE ARE NOT, BY MEANS OF THIS SITES, RENDERING PROFESSIONAL ADVICE OR SERVICES. BEFORE MAKING ANY DECISION OR TAKING ANY ACTION THAT MIGHT AFFECT YOUR FINANCES OR BUSINESS, YOU SHOULD CONSULT A QUALIFIED PROFESSIONAL ADVISOR.
THE ABOVE DISCLAIMERS AND LIMITATIONS OF LIABILITY ARE APPLICABLE TO THE FULLEST EXTENT PERMITTED BY LAW, WHETHER IN CONTRACT, STATUTE, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE.
CERTAIN LINKS ON THIS WEBSITE MAY LEAD TO WEBSITES, RESOURCES, OR TOOLS MAINTAINED BY THIRD PARTIES OVER WHOM WE HAVE NO CONTROL. WITHOUT LIMITING ANY OF THE FOREGOING, WE MAKE NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES WHATSOEVER REGARDING SUCH WEBSITES, RESOURCES, AND TOOLS, AND LINKS TO ANY SUCH WEBSITES, RESOURCES, AND TOOLS SHOULD NOT BE CONSTRUED AS AN ENDORSEMENT OF THEM OR THEIR CONTENT BY US. YOU ASSUME ALL RISKS FOR USE OF THE SITES, THE APP STORE, YOUR DEVICE, AND THE INTERNET IN GENERAL.
Intellectual Property – You may not use, copy, or distribute the information, designs, or data found on the Sites, except for personal or noncommercial purposes. You are not granted any right or license under any copyright, trademark, service mark, patent or other intellectual property right in the information, services, processes or technology of the Company, and the Company retains all such rights. You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our Sites without liability to you.
California Privacy Rights – California law permits users of our Sites that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to: info@peasebell.com
Contact Information:
Pease Bell CPAs, LLC
1111 Superior Avenue, Suite 2500
Cleveland, OH 44114
Phone: 216-348-9600
Email: info@peasebell.com
Miscellaneous
A. If any provision in this Policy is found by a court of competent jurisdiction to be invalid, the Company and you agree that the court should give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Policy will remain in full force and effect.
B. Any disputes relating in any way to User’s visit to and use of the Sites shall be submitted to confidential arbitration in Cleveland, Ohio, except that, to the extent User has in any manner violated or threatened to violate Company’s Intellectual Property Rights, Company may seek injunctive or other appropriate relief in any state of federal court in the state of Ohio, and User consents to exclusive jurisdiction and venue in such courts. Arbitration under this Agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. You agree that any lawsuit relating to the Sites or any activity thereon, but not subject to the foregoing arbitration clause, must be brought in state courts located in Cuyahoga County, Ohio, USA, and in no other court. You agree to submit to the personal and exclusive jurisdiction in such courts and waive all questions of jurisdiction and venue. The terms of this Policy and the relationship between you and the Company will be governed by Ohio law, without regard to conflicts of state law.
C. The section headings used herein are for convenience only and shall not be given any legal import.
