Website Terms of Use

Welcome

Thank you for using engage-cpa.com. The engage app is an automated engagement letter and online payment processing systems for tax preparers (the “Service”). Engage and engage-cpa.com (the "Website" or “App”) are owned by Pine Street Software LLC, a Delaware limited liability company.

These are the Terms of Use. These terms of use are an agreement between You (the “User” or “Subscriber”) and Pine Street Software LLC (the "Company", "we" or "us"). These terms and conditions, and other documents expressly incorporated by reference (collectively, these "Terms of Use" or “Agreement”), govern your use of engage-cpa.com. This agreement covers all content, functionality and services we offer through engage-cpa.com whether you are a guest, an account owner, an authorized user, or a client of a authorized user.

By subscribing to engage and using the website, you are agreeing to the Terms. Please read this document carefully. This is a legal agreement.

Acceptance of the Terms of Use

Please read the Terms of Use carefully before you start to use the Website. By using the website, you agree to follow these Terms. If you do not want to agree to these Terms of Use, you must not use the Website.

Authorized Users

This Website is offered and available to users who are 18 years of age or older who reside in the United States. By using this Website, you are confirming that you are of legal age to form a contract with the Company and that you reside in the United States. If you don’t meet these requirements, you must not access or use the Website.

Only Authorized Users can use the website. An Authorized User is the person who registers as a new user and who enters complete and accurate account information. By creating an account for a business, you represent and warrant that you are authorized to accept these Terms on behalf of the business.

Duration of Subscription

The subscription to use the website begins when you create an account and continues until the account is closed. You or the Company may terminate this Agreement and close the account at any time by giving Notice to the other party. However, the Company may suspend Service to you at any time, with or without cause, and the Company will immediately suspend Service if any transaction charged to you is declined for any reason.

Subscription Charges and Fees

Use of the website is by subscription (the “Subscription Fee”). The Subscription Fee is due on the same day of the month that you created the account and made the first monthly payment. Monthly payments pay for Service in one month increments only.

You are required to provide valid credit card information and authorize us to charge the monthly Subscription Fee against that card when the fee is due. You may need to update this information from time to time for valid expiration dates or other reasons. By providing credit card information to us, you warrant that you are authorized to use that credit card and affirm that any charges to the credit card account are valid.

The Company uses Stripe, a third-party payment processing service. All transactions processed by Stripe are governed by the Stripe Services Agreement – United States and Stripe’s Privacy Policy – Worldwide.

Refund of Charges and Fees

We will refund your payment if we stop providing Services to you for reasons other than those described in these Terms. This includes any extraordinary events, acts or occurrences beyond our control that prevent us from providing Service. You are not entitled to a refund for any other reason.

Changes to the Terms of Use

We may change the Terms of Use from time to time and in our sole discretion. All changes are immediately in effect when posted and apply to all access to and use of the Website. However, any changes to the dispute resolution provisions set forth in the Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Website.

Continuing to use the Website after we change the Terms of Use means that you agree to the changes. You need to check this page from time to time so you are aware of any changes because they are part of the agreement.

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion and 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 or all parts of the Website.

You are responsible for:

To access the Website, you may be asked to provide some information. It is a condition of your use of the Website that all the information you provide is correct, current and complete. You agree that all information, including information when using any interactive feature on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

Your user name and password are confidential, and you must not disclose these to anyone. Your account is personal to you and you agree not to let anyone else access the Website with your user name, password or other security information. You must notify us immediately of any unauthorized use of your security credentials or any other breach of security. You must exit your account at the end of each session. You should be extra careful when accessing your account from a public or shared computer so that others are not able to see your password or other personal information.

We have the right to disable any user name, 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 of Use.

Intellectual Property Rights

The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for professional use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:

You must not:

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Trademarks

The Company name, the terms Engage, engage-cpa.com, and get-engage-cpa.com as used to identify the Website and any related service through the Website, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

Prohibited Uses

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

Additionally, you agree not to:

Reliance on Information Posted

The information on the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. You rely on this information strictly at your own risk. We disclaim all liability and responsibility arising from any reliance on these materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

Disclaimer of Legal Advice

Pine Street Software LLC and the Engage application are not law firms. Nothing herein, including but not limited to the content, processes and systems, shall be construed as legal advice or legal representation. By using the application, you expressly acknowledge the absence of an attorney-client relationship both in fact and appearance. Engage is not a substitute for legal advice. You must consult a lawyer for legal advice pertaining to your circumstances.

Changes to the Website

We may update the content on this Website from time to time. We will make every effort to maintain currency, but the content is not necessarily complete or up-to-date. Anything on the Website may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to Our using your information according to the Privacy Policy.

Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

This Website may provide certain social media features that enable you to:

You may use these features only as they are provided by us and solely in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

You agree to cooperate with us to immediately end any unauthorized framing or linking. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

Links from the Website

If the Website contains links to other sites and third-party resources, these links are provided for your convenience only. This includes links contained in advertisements, banner advertisements and sponsored links. We have no control over the these sites or resources, and We accept no responsibility for the content or for any loss or damage that may arise from your use of them. If you decide to access a third-party website linked to this Website, you do so at your own risk and subject to the terms and conditions of use for the third-party website.

Geographic Restrictions

The owner of the Website is based in the state of California in the United States. We provide this Website for use only in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by some people or in certain countries. 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.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient anti-virus protection procedures and for ensuring the accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. 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 OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to any use of the Website's content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of California in each case located in the City and County of San Francisco. We retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration

At Company's sole discretion, it may require You to submit any disputes arising from the use of these Terms of Use or the Website, 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 Delaware State law.

Notices and Electronic Signature Consent

By registering as a user, you agree that such registration is your electronic signature, and you consent to getting all disclosures and notices from the Company electronically, including those required by Law. You also agree that your electronic consent will have the same legal effect as a physical signature.

Notices may be provided to You through our website or by sending Notices to the contact information in your account. Notices include information about your account, the Services, or other information we are required to provide to you. You also agree that electronic delivery of a Notice has the same legal effect as if we provided you with a physical copy. We will consider a Notice to have been received by you within 24 hours of the time a Notice is either posted to our website or emailed to you.

Limitation of Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver of by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use, our Privacy Policy and the Terms of Sale constitute the sole and entire agreement between you and Pine Street Software LLC with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

Your Comments and Concerns

This website is operated by Pine Street Software LLC P.O. Box 235, San Francisco, CA 94104.

All notices of copyright infringement claims should be sent to:

Haverstock & Owens LLP
162 North Wolfe Road
Sunnyvale, CA 94086

All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to support@engagecpa.com.