Date Last Revised: July 01, 2010
- Accepting the Terms
- Privacy and your Personal Information
- Description of the Service
- Your Registration Information
- Your Use of the Service
- Rights You Grant to Us
- AccPal.com's Intellectual Property Rights
- Access and Interference
- Rules for Posting
- Disclaimer of Representations and Warranties
- Not a Financial Planner, Broker or Tax Advisor
- Limitations on AccPal.com’s Liability
- Your Indemnification of AccPal.com
- Governing Law and Disputes
Back to Top1. Accepting the Terms
By using the information, tools, features and functionality located on AccPal.com (together the “Service”), you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the AccPal.com website) or you are a “Member” (which means that you have registered with AccPal.com). The term “you” or “User” refers to a Visitor or a Member. The term “we” refers to AccPal.com. If you wish to become a Member, communicate with other Members and make use of the Service, you must read this Agreement and indicate your acceptance during the Registration process.
You may not use the Service and you may not accept this Agreement if you are not of a legal age to form a binding contract with AccPal.com.
If you accept this Agreement, you represent that you have the capacity to be bound by it or if you are acting on behalf of a company or entity that you have the authority to bind such entity. Before you continue, you should print or save a local copy of this Agreement for your records.
Back to Top2. Privacy and your Personal Information
Back to Top3. Description of the Service
The Service is a personal finance information management service that allows Members to track their financial status on AccPal.com. Based on such information, the Service may also present information relating to third party products or services.
The Service is provided to you by AccPal.com without charge and is meant as an aid to assist you in organizing and managing your finances. It is not intended to provide legal, tax or financial advice.
Back to Top4. Your Registration Information
You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your e-mail address, allows you to access the Service.
By providing us with your e-mail address, you agree to receive all required notices electronically, to that e-mail address. It is your responsibility to update or change that address, as appropriate. Notices will be provided in plain-text or HTML in the text of the e-mail or through a link to the appropriate page on our site, accessible through any standard, commercially available internet browser.
If you become aware of any unauthorized use of your Registration Information, you agree to notify AccPal.com immediately at the email address - security@AccPal.com.
Back to Top5. Your Use of the Service
Your right to access and use AccPal.com and the Service is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use AccPal.com for lawful purposes.
In order for the Service to function effectively, you must also keep your financial records up to date and accurate. If you do not do this, the accuracy and effectiveness of the Service to you will be affected.
Your access and use of AccPal.com may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of AccPal.com or other actions that AccPal.com, in its sole discretion, may elect to take.
Back to Top6. Rights You Grant to Us
By submitting information, data, passwords, email, other log-in information, materials and other content to AccPal.com through the Service, you are licensing that content to AccPal.com solely for the purpose of providing the Service. AccPal.com may use and store the content, but only to provide the Service to you. By submitting this content to AccPal.com, you represent that you are entitled to submit it to AccPal.com for use for this purpose, without any obligation by AccPal.com to pay any fees or other limitations.
Back to Top7. AccPal.com’s Intellectual Property Rights
The contents of AccPal.com, including its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under both international and other applicable copyright, trademark and other laws. AccPal.com grants you the right to view and use AccPal.com subject to these terms. You may download or print a copy of information provided on AccPal.com for your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from AccPal.com in whole or in part for any other purpose is expressly prohibited without our prior written consent.
Back to Top8. Access and Interference
You agree that you will not:
- Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor AccPal.com or any portion of AccPal .com, without AccPal.com’s express written consent, which may be withheld in AccPal.com’s sole discretion;
- Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search AccPal.com, other than the search engines and search agents available through the Service and other than generally available third-party web browsers (such as Microsoft Explorer);
- Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of AccPal.com or the Service; or
- Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of AccPal.com or the Service.
Back to Top9. Rules for Posting
As part of the Service, AccPal.com allows Members to post content on Forums, blogs and at various other publicly available locations on AccPal.com. These forums may be hosted by AccPal.com or by one of our third party service providers on AccPal.com’s behalf. You agree in posting content to follow certain rules.
- You are responsible for all content you submit to AccPal.com.
- By submitting content to us, you represent that you have all necessary rights and hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the content in connection with AccPal.com and our business, including without limitation for promoting and redistributing part or all of the site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User a non-exclusive license to access your posted content through AccPal.com, and to use, reproduce, distribute, prepare derivative works of, display and perform such content as permitted through the functionality of AccPal.com and under this Agreement.
- You may not post or transmit any message which is libelous or defamatory, or which discloses private or personal matters concerning any person. You may not post or transmit any message, data, image or program that is indecent, obscene, pornographic, harassing, threatening, abusive, hateful, racially or ethnically offensive; that encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; or that is otherwise inappropriate.
- You may not post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion.
- You may not interfere with other Users' use of the Service, including, without limitation, disrupting the normal flow of dialogue in an interactive area of AccPal.com, deleting or revising any content posted by another person or entity, or taking any action that imposes a disproportionate burden on the Service infrastructure or that negatively affects the availability of the Service to others.
- Except where expressly permitted, you may not post or transmit charity requests; petitions for signatures; franchises, distributorship, sales representative agency arrangements, or other business opportunities (including offers of employment or contracting arrangements); club memberships; chain letters; or letters relating to pyramid schemes. You may not post or transmit any advertising, promotional materials or any other solicitation of other users to use goods or services except in those areas (e.g., a classified bulletin board) that are designated for such purpose.
- You agree that any employment or other relationship you form or attempt to form with an employer, employee, or contractor whom you contact through areas of AccPal.com that may be designated for that purpose is between you and that employer, employee, or contractor alone, and not with us.
- You may not copy or use personal identifying or business contact information about other Users without their permission. Unsolicited e-mails, mailings, telephone calls, or other communications to individuals or companies whose contact details you obtain through the Service are prohibited.
- You agree that we may use any feedback, suggestions, or ideas you post in any way, including in future modifications of the Service, other products or services, advertising or marketing materials. You grant us a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to us in any way.
Back to Top10. Disclaimer of Representations and Warranties
THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH ACCPAL.COM OR PROVIDED THROUGH THE SERVICE (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU ON AN "AS-IS" AND "AS AVAILABLE" BASIS. ACCPAL.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF ACCPAL.COM OR OF THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
ACCPAL.COM MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON ACCPAL.COM OR OF THE SERVICE (WHETHER OR NOT SPONSORED), AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. ACCPAL.COM MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.
Back to Top11. Not a Financial Planner, Broker or Tax Advisor
NEITHER ACCPAL.COM NOR THE SERVICE IS INTENDED TO PROVIDE LEGAL, TAX OR FINANCIAL ADVICE. ACCPAL.COM IS NOT A FINANCIAL PLANNER, BROKER OR TAX ADVISOR. The Service is intended only to assist you in your financial organization and decision-making and is broad in scope. Your personal financial situation is unique, and any information and advice obtained through the Service may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any financial strategy, you should consider obtaining additional information and advice from your accountant or other financial advisers who are fully aware of your individual circumstances.
Back to Top12. Limitations on AccPal.com’s Liability
ACCPAL.COM SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO ACCPAL.COM, YOUR USE OF THE SERVICE OR THIS AGREEMENT, EVEN IF ACCPAL.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, ACCPAL.COM'S LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $100.00 (ONE HUNDRED UNITED STATES DOLLARS).
Back to Top13. Your Indemnification of AccPal.com
You shall defend, indemnify and hold harmless AccPal.com and its officers, directors, shareholders, and employees, from and against all claims and expenses, including but not limited to attorneys fees, in whole or in part arising out of or attributable to any breach of this Agreement by you.
Back to Top14. Terminations
This Agreement will continue to apply until terminated by either you or AccPal.com as set out below. If you want to terminate your legal agreement with AccPal.com, you may do so by closing your account for the Service. You may terminate your account by sending an e-mail with your account information including password from the email address registrated with us to terminate@AccPal.com.
AccPal.com may at any time, terminate its legal agreement with you:
- if you have breached any provision of this Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this Agreement);
- if AccPal.com in its sole discretion believes it is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful); or
- immediately upon notice, to the e-mail address provided by you as part of your Registration Information.
Back to Top15. Modifications
AccPal.com may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the AccPal.com site. In addition, the Agreement will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Service after those changes are posted.
Back to Top16. Governing Law and Disputes
This Agreement, and your relationship with AccPal.com under this Agreement, shall be governed by the laws of Macao without regard to its conflict or choice of laws provisions. Any dispute with AccPal.com, or its officers, directors, employees, agents or affiliates, arising under or in relation to this Agreement shall be resolved exclusively through the court of Macao, except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case AccPal.com may seek such relief in any court with jurisdiction over the parties. You understand that, in return for agreement to this provision, AccPal.com is able to offer the Service at the terms designated, without charge to you, and that your assent to this provision is an indispensable consideration to this Agreement.
You also acknowledge and understand that, with respect to any dispute with
AccPal.com, its officers, directors, employees, agents or affiliates,
arising out of or relating to your use of the Service or this Agreement:
- YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and
- YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A 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 INVOLVING ANY SUCH DISPUTE.
Back to Top17. Miscellaneous
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
You agree that if AccPal.com does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which AccPal.com has the benefit of under any applicable law), this will not be taken to be a formal waiver of AccPal.com's rights and that those rights or remedies will still be available to AccPal.com.
All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement.
This Agreement represents the entire understanding and agreement between you and AccPal.com regarding the subject matter of the same, and supersedes all other previous agreements.