Accounting for Jewelers, LLC is an online accounting community and accounting firm based in Nashville, TN that provides accounting and inventory services, information and consults for Jewelry Businesses.
FULL DISCLAIMER
Due to the nature of Accounting for Jewelers, we address financial matters on our site and social media, videos, newsletters or other content. While it is our goal to accurately represent what we put out into the world, we are humans behind this screen and are not perfect.
The information, products and services we provide is meant to improve your jewelry business. However, there is no guarantee that you will get any results or earn any money using any of our ideas, tools, strategies or recommendations.
Nothing on Accounting for Jewelers or other outlets is a promise or guarantee of earnings. Your level of success is determined on what you do. Please use our offerings to help you on your way.
By using our site, you agree that it is your responsibility to make our suggestions, free resources and programs work for you and you take 100% responsibility for your life including, but not limited to decisions, actions and results. You understand that we are offering ways to improve your jewelry business and agree not to hold us liable at any time, under any circumstance.
In no respect shall Accounting for Jewelers incur any liability for any damages, including, but not limited to, direct, indirect, special, or consequential damages arising out of, resulting from the item, or any services that may be provided by Accounting for Jewelers. No guarantee of any kind is implied or possible where projections of future conditions are attempted.
In no event should the content of this site be construed as an express or implied promise, guarantee or implication by or from the services, accountingforjewelers.com or any of its officers, directors, employees, affiliates or other agents that you will profit or that losses can or will be limited in any manner whatsoever. Past results are no indication of future performance.
All investments are subject to risk, which should be considered prior to making any investment decisions. Consult your personal investment, accounting and tax advisers before making a money decision.
Sometimes, we provide case studies of jewelers. While these individuals had great results, results are not the same for everyone. Work smart and hard in order to see results.
TERMS OF USE
Well, hello! Congratulations on being the sort of person who reads terms of use. We applaud you. Below, you’ll see the terms and conditions (“Terms of Use”) to which you must agree if you’re going to use any of Accounting for Jewelers’ services. Each section is summarized in simple terms to help you make sense of this document, so that you can understand what you’re consenting to. Thanks for joining the Accounting for Jewelers community!
You agree that this agreement complies with the terms of any applicable electronic documents legislation, including the requirement that this agreement is in writing, and is capable of being retrieved, reviewed, printed, and stored for further use.
These Terms of Use are intended to explain our obligations as a service prodder and your obligations as a user and subscriber. IT IS IMPORTANT THAT YOU REAL ALL THE TERMS AND CONDITIONS CAREFULLY.
If you use this website, you are agreeing to be bound by these Terms of Use without any modification of qualification. IF YOU ARE DISSATISFIED WITH THE TERMS, CONDITIONS, RULES, POLICIES, GUIDELINES OR PRACTICES OF OPERATING OUR SERVICE, UNLESS EXPRESSLY SET OUT IT THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE. If for any reason you are unable to meet all the conditions set forth in these Terms of Use, or if you breach any of the Terms of Use contained herein, your permission to use or access Accounting for Jewelers or any of Accounting for Jewelers’ services or products (defined below) immediately lapses and you must destroy any materials downloaded or printed from the Accounting for Jewelers and BenchWorks websites.
Accounting for Jewelers offers a number of Additional Services each with their own Terms of Service applicable in addition to these Terms of Use. When you use an Additional Service, you will be subject to the Specific Additional Service Terms. Note that if these Terms of Use are inconsistent with the Specific Additional Service Terms, those Specific Additional Service Terms will control.
Accounting for Jewelers reserves the right to modify or change these Terms of Use at any time without giving prior notice. We shall, however, notify you of significant changes by posting an announcement on the Site. Your use of Accounting for Jewelers is subject to the most current Terms of Use posted on the Site at such time. The most current version can be reviewed by clicking “Terms of Use” hyperlink at the bottom of our Site pages.
Definitions
The following terms shall have the following meaning throughout the Terms of Use.
General
Accounting for Jewelers grants you a non-exclusive, non-transferable limited license to use Accounting for Jewelers and related resources in accordance with these Terms of Use. You agree not to infringe our intellectual property and the intellectual property of any third parties with whom we have partnerships, and you will comply with the terms of any applicable license agreements.
You agree that any notices, disclosures, agreements, and other communications that we may deliver or communicate to you from time to time comply with the terms of any applicable electronic documents legislation, including the requirement that such documents be in writing, are capable of being retrieved, reviewed, printed and stored for further use by you.
Electronic Delivery
By accepting this Agreement, you agree and consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, “Communications”) that we provide in communication with your Account and your use of the Service. Communications include but are not limited to:
We will provide these Communications to you by emailing them to you at the primary email address you provided. Communications are considered received by you within 24 hours of the time they are emailed to you or posted to our Website. You further agree that your electronic signature has the same effect as your manual, physical signature.
By giving your consent, you are confirming that you are able to receive, open, and print or download a copy of any Communications for your records. It is important for you to retain copies of Communications because they may not be accessible at a later date.
How to Withdraw Your Consent
You may withdraw your consent to receive Communications electronically by contacting us through Customer Support or as outlined in our Privacy Policy. If you withdraw your consent to receive Communications electronically, Accounting for Jewelers may deny your registration for an Account, restrict or close your Account, or charge you additional fees for any paper materials.
Accounting for Jewelers may, without notice or liability, add, discontinue, or revise any aspect, mode or design of the Service which include, but not limited to the scope of service, time of service, or to the software/hardware required for access to the Services. Accounting for Jewelers may also limit the geographic locations or jurisdictions where certain Services may be available.
Without prejudice to the foregoing, should there be a failure of or error, omission, defect, deficiency, delay causing downtime, or inability of a subscriber to access the Services for any length of time, including as a result of the permanent termination of service, the subscriber acknowledges and agrees that, except as otherwise set out herein, its only remedy for any error, omission, defect, deficiency, delay or other failure of Accounting for Jewelers or the Services whatsoever is to discontinue using Accounting for Jewelers and the Services.
You assume sole responsibility for and shall ensure that any information, data, documents or materials used, disclosed, entered into or created using Accounting for Jewelers or in connection with the Services is accurate, reliable and complete and does not violate our content guidelines. You authorize us and our service providers and their vendors and subcontractors to monitor your use of the website and Services. You represent and warrant that you have obtained all required consents and comply with all applicable legislation, including without limitation privacy legislation, in connection with any use and disclosure of information relating to the use of Accounting for Jewelers and the Services. Accounting for Jewelers accepts no responsibility for the accuracy of any information, data, documents or materials entered into or created using Accounting for Jewelers, BenchWorks or the Services except as otherwise set out herein. The input, posting or uploading of any information and the storage of any information, data, documents or materials on the Service by us does not constitute our endorsement nor warranty as to the compliance of such information or materials with applicable legislation, nor to the accuracy, timeliness, materiality, completeness, or reliability of such information or materials.
Other Information You Provide Us
While using the Services, we may also collect information from you about someone else. If you provide us with personal information about someone else, you are obligated to ensure that you are authorized to disclose that information to us, and that we, without further action, may collect, use, and disclose that information for the purposes described in this policy.
You agree to use Accounting for Jewelers and the Services for the purposes that they were intended and only in accordance with the terms of this agreement.
If you register an account, you agree, represent and warrant that you will provide us with true, current, complete and accurate information requested in the client interview form and from time to time in connection with your use of Accounting for Jewelers. Your registration for any of Accounting for Jewelers services and programs constitutes consent to use any personal information which you provide us in such registration for the purposes set out in our Privacy Policy and for all uses ancillary thereto for which your consent may reasonably be implied. You also will select a username and password for some of our services. You are responsible for keeping your user name, password, account details, and all information required in connection with your use of Accounting for Jewelers confidential and up to date. If you are not the business owner and are registering an account on behalf of a business, you represent and warrant that you have been authorized and directed by your business’s principals to open the account and that you have shared all user names, passwords and access credentials with other authorized and primary representatives in your business and that you have provided us with the business contact information of at least one other person. If you leave the business and your business’s principal contacts us we may be required to provide access to the Accounting for Jewelers account. You agree to hold harmless and release the Accounting for Jewelers Parties from any liability if we do so.
Furthermore, you are entirely responsible for any activities that occur under your account. You agree to notify us immediately of any unauthorized access to or use of your account. You agree to hold harmless and release the Accounting for Jewelers Parties from any loss or liability whatsoever that you may incur as a result of someone other than you using your username, password or account, either with or without your knowledge. You agree to indemnify the Accounting for Jewelers Parties for any damages, third-party claims or liabilities whatsoever that we may incur as a result of activities that occur on or through your account, whether or not you were directly or personally responsible.
We are responsible for the security of Cardholder Data that is collected, transmitted, stored, or processed by Us when we provide services to you. “Cardholder Data” is defined as being the cardholder’s primary account number, and where a full unmasked card number is present, any of the cardholder name, expiration date, and/or service code. It is required that this data only be used in anticipated ways and stored in appropriate places.
YOU ACKNOWLEDGE AND AGREE THAT YOU ARE PROHIBITED FROM ENTERING CARDHOLDER DATA INTO ANY FORM OR DATA ENTRY FIELDS IN BENCHWORKS and ACCOUNTING FOR JEWELERS, EXCEPT INTO THOSE FIELDS INTENDED SOLELY FOR THAT PURPOSE (i.e. where Accounting for Jewelers or BenchWorks explicitly requests such data be entered into such fields).
Appropriate fields are clearly marked with labels such as ‘Card number’ or by having a credit card icon precede them. For clarity, it is not permissible to store cardholder data in fields with labels such as ‘memo’ or ‘note’. Similarly, excluding payment forms, you must never enter CVV2 data into any fields. You assume all responsibility for any cardholder data entered into Accounting for Jewelers in violation of this Agreement.
Payment processing services for Accounting for Jewelers, LLC and our web application BenchWorks Inventory and our online Impact Accounting Course are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these terms or continuing to operate as a user on our platforms, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Accounting for Jewelers, LLC enabling payment processing services through Stripe, you agree to provide Accounting for Jewelers, LLC accurate and complete information about you and your business, and you authorize AccountingforJewelers.com, getBenchWorks.com, and diy.accountingforjewelers.com to share it and transaction information related to your use of the payment processing services provided by Stripe.
Payment Obligations:
Invoicing for the access fee will be issued each month or annually based on the payment plan selected, starting with the month from when you changed your Trial subscription to another subscription plan. Access fees are invoiced for the following period. Accounting for Jewelers | BenchWorks will continue to invoice you until such time as this agreement is terminated in accordance with clause 9 of these terms and conditions.
All invoices are made available on the website for download. Payment must be made, or suitable arrangements entered into, of all specified amounts on the invoice, by the due date or within 5 days of the invoice date.
Invoices do not include taxes and duties, they remain the sole responsibility of the subscriber.
Inactive subscribers will be automatically removed from Accounting for Jewelers | BenchWorks inventory after 6 months of unpaid subscription as a result of subscription cancellation or failed monthly payments. Subscribers on a free trial basis will be removed from Accounting for Jewelers | BenchWorks inventory after 2 weeks from the expiry of the trial date if paid subscription has not been initiated.
Cancellation of active monthly or yearly subscriptions will not result in the refund of payments. No refund will be provided for any remaining prepaid period for a prepaid access fee subscription.
Accounting for Jewelers | BenchWorks asserts the right to vary subscription prices over time.
Preferential pricing or discounts on your access fee may be offered to you from time to time. Eligibility for any such preferential pricing or discounts is at the discretion of Accounting for Jewelers | BenchWorks and is conditional on your acceptance of responsibility for payment.
Without prejudice to any other rights that Accounting for Jewelers | BenchWorks have outlined in these terms, or to any relevant law, Accounting for Jewelers | BenchWorks reserves the right to issue full invoices, without discounts, or to suspend or terminate your use of the service in respect any or all of your organizations, in the event that access fees are not paid in full by the due date stated on the invoice.
The cancellation of an active subscription will result in any and all current discounts to be waived and the preceding month’s access fees will need to be paid in full without discount.
Our referral program offers a discount for all new tenants who use valid promo codes upon their registration. After successful registration, each tenant receives a personal promo code, which can be used multiple times to invite new tenants to BenchWorks Inventory. For each new tenant creating a new subscription (without having previously subscribed to the service), using the referrer’s promo code, the referrer will receive a discount on their subscription. These discounts can accumulate for the referrer up to a total 100% discount on their subscription: Free BenchWorks inventory usage. If total discount exceeds 100% of your subscription price, however, no refunds are payable to the referrer.
Online Access to Financial Institutions, Accounting for Jewelers and Other Services.
Certain online services (including access to online banking, online payments, online invoicing, digitization, storage of receipts, certain payroll related services, and other online services related to the use of the Site) are provided by financial institutions and other third-party service providers and not by us. You agree to hold harmless and release the Accounting for Jewelers Parties from any liability relating to your use of such online services, including BenchWorks. Your access to and conditions of use of such services may be limited in accordance with the terms of use published by such third-party provider. You represent and warrant that you have the right to provide us with usernames, passwords, personal information and other access credentials which we may require access to any third-party services or accounts in connection with the Services.
Accounting for Jewelers does provide professional accounting services. If you use Accounting for Jewelers, you agree that you do so at your own risk. Unless expressly stated to the contrary, Accounting for Jewelers does not pre-qualify, review, or endorse Accounting for Jewelers Community Members and third-party providers, and we provide no representation or warranty as to the background, reputation, character, qualifications, skills, insurance, work product, services, advice, recommendations or quality of the Accounting for Jewelers Member. If you use an Accounting for Jewelers recommended provider, you acknowledge that you are doing so at your own risk and hereby agree to release and hold Accounting for Jewelers Financial harmless from any or Claims arising from your use of the Accounting for Jewelers provider, as further set out in section I below. Accounting for Jewelers does not purport to provide you with any financial or accounting advice and you agree to release and hold Accounting for Jewelers Financial harmless for and from any Claims (as defined below) arising from your use of a Accounting for Jewelers Pro to provide you with technical support in relation to Accounting for Jewelers, as further set out in section I below. Sometimes you can use Accounting for Jewelers in conjunction with services from other companies.
Software Notice
In the event that a user is required to download or use software in connection with the Services, he or she shall be unable to download and access such software unless he or she first agrees to the license agreement relating to such software. Use of any such software is governed by these Terms of Use and any such license agreement.
Reasonable Use Policy
Accounting for Jewelers | BenchWorks Inventory is to be used in reasonable way. If your use of Accounting for Jewelers | BenchWorks Inventory is deemed not reasonable or your use is causing performance degradation for other Users, we may impose limits on your use of Accounting for Jewelers | BenchWorks Inventory. Where possible, you will be given at least 24 hours prior notice and request for your usage to be reduced before imposing any limits
Limitations on your use of Accounting for Jewelers | BenchWorks Inventory may include (but are not limited to) the quantities and volumes of the following parameters, per account
Help Desk
If for any reason, Accounting for Jewelers | BenchWorks needs to interrupt services for longer periods, we will take all reasonable steps to ensure that you are notified, by publication on the website, in advance of such activity.
Copyrights, Trademarks and Intellectual Property.
Accounting for Jewelers and its licensors and suppliers own both the proprietary rights as well as the intellectual property rights to all URLs, materials, products, web content, web page designs, web page layouts, images, text, tools, utilities and software that make up the Services, but excluding your data and information which you provide to us or input using Accounting for Jewelers and the Services. The technical procedures, processes, concepts and methods of operation that are inherent within Accounting for Jewelers constitute trade secrets. The usage of our Services does not constitute a sale or transfer of any intellectual property rights to the users. Without any prejudice to the foregoing, any information or data entered using Accounting for Jewelers by a user or otherwise provided for accessing Accounting for Jewelers on the user’s behalf shall at all material times remain the property of the user. The user hereby grants to Accounting for Jewelers a worldwide, perpetual, royalty free, nonexclusive right and license to use all content provided by the user in connection with Accounting for Jewelers and the Services for uses related to the delivery of the Services
Materials on and relating to Accounting for Jewelers, including the content of Accounting for Jewelers and anything downloaded from Accounting for Jewelers, are protected by copyright, trade-mark and other intellectual property laws. Subject to your ownership of your user content and data, Accounting for Jewelers reserves all rights in and to such materials. The subscriber will not make store, download, transfer, sell, reproduce, redistribute, transfer to any other server, modify, reverse engineer or copy the Services or any of the materials or software or any part of Accounting for Jewelers or any content therefrom without Accounting for Jewelers’ express written consent. You will also take all reasonable steps to forestall any unauthorized use, copying or transfer of materials on or relating to Accounting for Jewelers.
Notwithstanding the above, you may, subject to the following conditions, use individual screen displays (screenshots) which you generate as a subscriber using the Services. Your use of screenshots is subject to the following:
The users shall access the information stored using the Services for lawful purposes only and may not use such information for the purpose of committing or furthering fraudulent acts or for committing any acts that would give rise to both or either civil and criminal liability.
The users agree not to publish, post, upload, distribute, provide or enter any material or information that is illegal, unlawful or can be regarded as fraudulent, libelous, malicious, threatening, offensive, profane, obscene, fanning ethnic or racial tensions, immoral or any such information which any reasonable person would consider objectionable on grounds of good conscience.
No user shall use any means to restrict or prevent another user from accessing or enjoying Accounting for Jewelers.
No user shall be permitted to upload material into Accounting for Jewelers that he or she ought to know infringes on the intellectual property of others, or upload material that places unnecessary load as to affect the performances of our websites, systems and equipment. You may not use Accounting for Jewelers and the Services in a manner which could block access to, impair, damage or otherwise disable Accounting for Jewelers or any of our servers. You may not attempt to gain unauthorized access to Accounting for Jewelers or to any other user’s accounts, computer systems or networks through password mining, keystroke logging, hacking or any other means. You will not upload any files that contain viruses, Trojan horses, malware, spyware, worms, corrupted files or any other material or software that may damage the operation of another computer. Any and all materials uploaded are subject to applicable laws.
No user shall lease, sell, pledge, sublicense, assign or otherwise deal with the software belonging to Accounting for Jewelers in a manner that is inconsistent with our intellectual property rights over the software.
No user shall promote any commercial interest, falsify or delete any information on Accounting for Jewelers, collect personal information without express authority to do so, violate any applicable laws, create a false identity or utilize Accounting for Jewelers under false pretenses.
Limitation of Liability
THE SUBSCRIBERS AND THE USERS HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE THE ACCOUNTING FOR JEWELERS PARTIES FROM ANY AND ALL MANNER OF RIGHTS, LOSSES, COSTS, CLAIMS, COMPLAINTS, DEMANDS, DEBTS, DAMAGES, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY LOST PROFIT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES (COLLECTIVELY, A “CLAIM”) WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH (I) THIS AGREEMENT; (II) THE USE OF ACCOUNTING FOR JEWELERS AND ITS SERVICES AND ANY RELATED APPLICATIONS INCLUDING THE PRO NETWORK AND THIRD-PARTY SERVICES; (III) THE USE OF ANY SOFTWARE RELATED TO ACCOUNTING FOR JEWELERS; (IV) VIRUSES, SPYWARE, SERVICE PROVIDER FAILURES OR INTERNET ACCESS INTERRUPTIONS; (V) LOSS OF USE, LOSS OF DATA, ERROR, INACCURACY OF DATA, PAYMENT FAILURE, PAYMENT DEFECT, INACCURATE CALCULATIONS (EXCEPT AS OTHERWISE SET OUT HEREIN), DOWNTIME, IDENTITY THEFT, FRAUD OR UNAUTHORIZED ACCESS; OR (VI) ANY INFORMATION, DOCUMENT, MATERIALS, TOOLS, UTILITIES, PRODUCT OR DATA THAT RELATING TO THE USE OF ACCOUNTING FOR JEWELERS AND THE SERVICES; WHETHER SUCH CLAIM IS BASED IN CONTRACT OR TORT OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM, OR SUCH CLAIM WAS REASONABLY FORESEEABLE AND NOTWITHSTANDING THE SUFFICIENCY OR INSUFFICIENCY OF ANY REMEDY PROVIDED FOR HEREIN OR IN ANY LICENSE.
FOR GREATER CERTAINTY, IN NO EVENT SHALL WE (AND OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, ACCOUNTING FOR JEWELERS AND SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE, MISUSE, ERROR, OR LOSS OF DATA ARISING FROM SUCH ACCESS AND USE.
EXCEPT IN THE MANNER PROVIDED FOR IN THESE TERMS OF USE, ACCOUNTING FOR JEWELERS FINANCIAL, ITS LICENSEES, AFFILIATES, AND THIRD-PARTY SERVICE PROVIDERS, DISCLAIM, AND EXPRESSLY DO NOT PROVIDE ANY DIRECT OR INDIRECT, EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY AS TO TITLE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OR MERCHANTABILITY OR MERCHANTABLE QUALITY; OR THAT ACCOUNTING FOR JEWELERS, THE SERVICES, ANY THIRD-PARTY SERVICES AND ONLINE SERVICES, AND ANY CONTENT, MATERIALS, TOOLS, UTILITIES, SOFTWARE AND FUNCTIONALITY WILL: (I) BE FIT OR SUITABLE FOR ANY SPECIFIC PURPOSE OR INTENDED USE; (II) MEET THE USERS’ REQUIREMENTS AND EXPECTATIONS; (III) BE UNINTERRUPTED, FLAWLESS, TIMELY, ACCURATE, RELIABLE, SECURE OR ERROR FREE, OR; (IV) BE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ACCOUNTING FOR JEWELERS AND THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS AND YOU AGREE TO USE ACCOUNTING FOR JEWELERS, THE SERVICES, ANY THIRD-PARTY SERVICES AND ONLINE SERVICES, AND ANY CONTENT, MATERIALS, TOOLS, UTILITIES, SOFTWARE AND FUNCTIONALITY RELATED TO ACCOUNTING FOR JEWELERS AT YOUR OWN RISK. YOU AGREE TO DETERMINE THE SUITABILITY OF ACCOUNTING FOR JEWELERS AND SERVICES FOR YOUR INTENDED USE AND AGREE TO VERIFY ALL RESULTS OBTAINED USING ACCOUNTING FOR JEWELERS AND THE SERVICES.
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE 1542 IN CONNECTION WITH ANY RELEASE PROVIDED BY YOU IN THESE TERMS OF USE, INCLUDING THE FOREGOING, WHICH SECTION STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
Termination of Service
Accounting for Jewelers may terminate this agreement and your use of Accounting for Jewelers at any time and for any reason with reasonable notice to you and without notice if you breach any of these terms or we suspect you of fraud or suspect that your Account has been compromised in any way. Subscribers may use Accounting for Jewelers on an at-will basis until the agreement has been terminated by either party pursuant to the terms of this agreement or any related license agreement. You may also terminate this agreement by following the “Close your Accounting for Jewelers Account” instructions found on your Account page. In the case of a company, upon an order or a resolution being passed for the purposes of winding up the business activities other than for the purposes of amalgamation, merger or reconstruction or upon a composition agreement being made with the creditors.
Upon such termination, you must immediately cease using Accounting for Jewelers indefinitely. We may at our option immediately block your access to Accounting for Jewelers.
Ownership and Disclosure of Information
You own all of your business’s private data, content and all information which you enter and use in connection with the Services. We do not claim any rights, proprietary or otherwise over any data or information which you may use or disclose in connection with the Service and Accounting for Jewelers. Notwithstanding the above, there may be circumstances in which we may be required to disclose data, such as the following:
If we are required to disclose your data or information, we will use our best efforts to provide you with reasonable notice in the circumstances and if appropriate the right to challenge any such request. Accounting for Jewelers Privacy Policy sets out in greater detail how we strive to protect your privacy and limit disclosure of your personal information.
Third-party Links, APIs and Content
You may when using our Site and Services be directed to websites maintained by other third-party service providers.
There are links on the site to third-party sites in order to share products, services, and information that is valuable to our readers.
These links are sometimes affiliate links. This means that if you click a link to a third-party website and ultimately buy something on that website, we might receive a small payment from that website as a small percentage of your sale.
Accounting for Jewelers only promotes products and services we have investigated and truly feel deliver value to you, but we are not responsible for your experience with third-parties. Information is obtained from sources believed to be reliable, but is in no way guaranteed.
Please note that we do not receive free products, services or anything from these companies in exchange for mentioning them on the site. The only consideration is sometimes in the form of affiliate commissions. Not all links are affiliates.
If you ever have a bad experience with a product or service we have recommended, please let us know so that we can update our content and alert subscribers or partners when needed. You can contact us at support@accountingforjewelers.com
Some of the functionality of the Services and Accounting for Jewelers inter-operate with, and are highly dependent upon, application programming interfaces (APIs) from third parties, such as Google, Xero and Amazon Web Servers. If at any point such third-party services cease to make themselves or their APIs available to us on reasonable terms, we may cease to provide those third-party services without entitling you to a refund, credit or other compensation. Your only recourse shall be to stop using Accounting for Jewelers and the Services. In addition, if you authorize us to do so, we may grant third parties access to some or all (depending on the permission you give) of your private data, content and information through our own API for use in connection with their services.
You acknowledge that such sites and services are completely independent of Accounting for Jewelers and as we have no control over them, we accept no liability in respect of your use, ability or inability to use them or any of the content of such sites. In addition, we may at any time in our discretion and without notice to you, discontinue providing our API to such third-party services. You acknowledge that any use of the products and services offered by such third-party services providers (eg. for the purposes of payment processing, direct deposit services, payroll tax return preparation, filing and government remittances) will be at your sole risk. You acknowledge that use of such third-party service providers and their websites and services is, except where prohibited or modified by applicable law, subject to the terms, conditions and policies established by the third-party service providers. You expressly hold us harmless and hereby release us from any liability whatsoever whether arising out of contract, tort or otherwise for and from any Claims (defined below) arising out of your use of, or inability to use, the products and services of third-party service providers whether or not such use is ancillary to your use of Accounting for Jewelers. The availability of such third-party services in connection with Accounting for Jewelers does not constitute an endorsement, warranty, or representation as to the fitness, suitability, merchantability, title, non-infringement, quality, or accuracy of the third-party provider or its products or services.
Authorization to Export Data
The subscriber and the user acknowledge that we may retain a copy of his/her/its transactional information gathered through the use of Accounting for Jewelers and other information uploaded on the subscriber’s account. We may in certain circumstances export user information outside the Province of Tennessee and outside of United States of America. We shall not share personal information with anyone except in the manner provided in our Privacy Policy.
Force Majeure
Neither party should be held liable for a delay or failure in performance of the agreement for services caused by reason of any occurrence of unforeseen event beyond its reasonable control, including but not limited to, acts of God, natural disasters, power failures, server failures, third party service provider failures or service interruptions, embargo, labor disputes, lockouts and strikes, riots, war, floods, insurrections, legislative changes, and governmental actions. The party so affected by the unforeseen event shall be so excused on a day-to-day basis for the period of time equal to that of the underlying cause of delay.
Severance
All provisions of these Terms of Use are, notwithstanding the manner in which they have been grouped together or linked grammatically, are severable from each other. If any of these Terms of Use should be determined to be unenforceable the remaining Terms of Use shall survive and remain in full force and effect and continue to be binding and enforceable.
Governing Law and Dispute Resolution
Except as otherwise set out herein, this Agreement shall in all respects be governed by and interpreted, construed and enforced in accordance with the laws of the State of Tennessee and the laws of United States of America applicable therein as applied to agreements entered into and to be performed entirely within Tennessee, without regard to its choice of law or conflicts of law principles that would require application of law of a different jurisdiction. This agreement and any actions whatsoever taken by you in connection herewith and with any Service, software, tool, application or functionality, will be deemed to have been performed in Tennessee, United States of America. The parties hereto irrevocably submit and attorn to the exclusive jurisdiction and venue of the courts of the State of Tennessee, United States of America.
You waive all rights to a trial by jury in connection with any legal proceeding or dispute against us. You further agree that any dispute or proceeding which you may bring against us shall be conducted on an individual basis and not a class-wide basis and that any such proceeding or dispute shall not be consolidated with any other dispute or proceeding which might arise between us and any other user.
No Warranties
Accounting for Jewelers | BenchWorks does not guarantee that the services will meet your requirements or that it will be suitable for your particular purposes. All implied conditions or warranties are excluded in so far as is permitted by law, including warranties of merchantability, fitness for purpose, title and non-infringement.
Legal Status of Accounting for Jewelers, LLC
The websites www.accountingforjewelers.com, diy.accountingforjewelers.com, and www.getbenchworks.com, and the names Accounting for Jewelers, A4J, BenchWorks, BenchWorks Inventory, A4J Apps and Accounting for Jewelers Apps are property of Accounting for Jewelers, LLC. a company organized under the United States of America.
Language
You and we expressly acknowledge and agree that this agreement and all related agreements, schedules, materials, licenses and policies be drafted in the English language only.
Privacy Policy
Accounting for Jewelers’ Privacy Policy is hereby incorporated into this Agreement and applies to the collection, use, disclosure, retention, protection and accuracy of your personal information and your business’ financial information (the “Information”) collected for the purposes of the Services offered through our websites and portals. The Accounting for Jewelers’ Privacy Policy is based on applicable legislation as well as 10 fair information principles, and may be updated from time to time.
Information Received from Third Party Services
The Services offered by Accounting for Jewelers allow subscribers to: direct Accounting for Jewelers to access and retrieve their own financial and inventory information maintained online by third party institutions (e.g. eCommerce sites and Accounting Programs, Xero and QuickBooks Online) with which they have pre-existing relationships (e.g. to make sales or maintain bookkeeping respectively); use third-party service providers to accept and make payments on the subscriber’s behalf; make bank deposits using third-party services; file tax returns and pay tax remittances on behalf of subscribers using third-parties; and other services related to Accounting for Jewelers. Accounting for Jewelers works with financial institutions and other third-party service providers to retrieve financial and other information for the purpose of providing the Services. However, Accounting for Jewelers may but is not obligated to review this information for any purpose, including but not limited to accuracy. It is entirely your responsibility to ensure the accuracy, completeness and timeliness of any information required by us or any third-party service providers in connection with any of the Services.
Registration Information
You and your users are responsible for maintaining the confidentiality and security of usernames, passwords and other access credentials which allow the use of Accounting for Jewelers and access to the Services. You understand and agree that the you are liable for unauthorized use of your account.
Consumer Issues
Unless your Specific Additional Service allows personal or mixed-use accounts, you acknowledge and agree that you will only use Accounting for Jewelers and the Services for business purposes and not for personal, family or household purposes.
No Waiver
No delay or omission to exercise any right or remedy accruing upon any breach or default hereunder shall impair any such right or remedy nor be construed as a waiver of any such breach or default or of any similar breach or default thereafter occurring, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right or remedy. No waiver (or consecutive waivers) of any single breach or default shall operate or be construed as a waiver of any subsequent breach or default.
Terms for Additional Services
The use of certain Additional Services is subject to and governed by additional terms of service (i.e. the Specific Additional Service Terms, noted in the recitals at the beginning of this agreement). If you use any of the Services listed immediately below, the linked Specific Additional Service Terms apply. In the event such additional or specific terms are inconsistent with the Specific Additional Service Terms, those Specific Additional Service Terms will control.
Xero Terms: Terms of Service If you use Xero Accounting Software, you’re bound by their Terms of Service.
QuickBooks Terms: Terms of Service If you use QuickBooks Accounting Software, you’re bound by their Terms of Service.
Stripe Terms: Terms of Service If your processing of credit card payments is powered by Stripe, you’re bound by their Terms of Service.
Yodlee Terms: Terms of Service If you connect your financial institution to Xero for automatic transaction importing, you are bound by this agreement with our data provider.
Digital Millennium Copyright Act
Some of the content provided on Accounting for Jewelers from time to time may be contributed by users. You represent and warrant that any content or material provided to us does not breach the rights, including copyright, of others.
PRIVACY POLICY
Privacy statement for www.accountingforjewelers.com, diy.accountingforjewelers.com, and www.getbenchworks.com
We, at Accounting for Jewelers | BenchWorks treat the privacy of our visitors with the highest importance. This policy details the measures we take to preserving and safely guarding your privacy when you visit or communicate with our site or personnel.
A detailed explanation of how we may store or otherwise use personal information about you is explained in this Privacy Policy.
Regular updates of the Privacy Policy are completed, requiring you to check back on this Policy from time to time.
Our advertisers and us may have the occasion to collect information in regard to your computer for our services. The information is gained in a statistical manner for our use or advertisers on our site.
Data gathered will not identify you personally. It is strictly aggregate statistical data about our visitors and how they used our resources on the site. No identifying personal information will be shared at any time via cookies.
Close to the above, data gathering can be about general online use through a cookie file. When used, cookies are automatically placed in your hard drive where information transferred to your computer can be found. These cookies are designed to help us correct and improve our site’s services or products for you.
You may elect to decline all cookies via your computer. Every computer has the ability to decline file downloads like cookies. Your browser has an option to enable the declining of cookies. If you do decline cookie downloads Accounting for Jewelers | BenchWorks will not be available for you since it requires cookies to work properly.
Any of our advertisers may also have a use for cookies. We are not responsible, nor do we have control of the cookies downloaded from advertisements. They are downloaded only if you click on the advertisement.