Terms of Use and Privacy Policy

Statement of Rights and Responsibilities and Privacy Policy

This Statement of Rights and Responsibilities and Privacy Policy (“Terms”) sets forth the terms of service that governs our relationship with users and others who interact with DFS Accounting, LLC (“DFS”). All rights and interests related to DFS’s website www.DFSaccounting.com (“DFS Website”) and the Questionnaire and other materials found on the website are owned exclusively by DFS. By using or accessing the DFS Website, you agree to these Terms as updated from time to time as set forth below.

Privacy

Your privacy is very important to us. We designed our data usage policy to make important disclosures about how you can use the DFS Website and related tools and materials to acquire and disseminate information and how we collect and can use any content or information entered into our system or disseminated through the DFS Website and/or related processes. We encourage you to read these Terms in full, including the data use policies set forth herein and the other information and materials provided or otherwise available to you so that you can make an informed decision whether or not to use the DFS Website and related content.

Sharing Your Content and Information

  1. For content that is covered by intellectual property rights (“IP”) which we obtain through your use of the DFS Website, you specifically give us permission to use that content.  You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license (“IP License”) to use any IP content that is entered into our system or obtained through your use of the DFS Website.  This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
  2. When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but likely will not be available to others).
  3. When you use an application, the application may ask for your permission to access your content and information as well as content and information that others have shared with you. Your agreement with that application will control how the application can use, store, and transfer that content and information.
  4. When you input content or information on the DFS Website, it means that you are allowing DFS to use and access and use that information.

Safety

You agree to the following.

  1. You will not use the DFS Website to upload viruses or other malicious code.
  2. You will not use the DFS Website to post unauthorized commercial communications (such as spam).
  3. You will not use the DFS Website to collect users’ content or information by automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
  4. You will not use the DFS Website to engage in unlawful multi-level marketing, such as a pyramid scheme.
  5. You will not use the DFS Website to solicit login information or access an account belonging to someone else.
  6. You will not use the DFS Website to bully, intimidate, or harass any user.
  7. You will not use the DFS Website to create content that is hate speech, threatening, or pornographic.
  8. You will not use the DFS Website to create content that incites violence, contains nudity or graphic or gratuitous violence.
  9. You will not use the DFS Website to develop or operate an application containing alcohol-related, dating or other mature content (including advertisements) without appropriate age-based restrictions.
  10. You will not use the DFS Website to do anything unlawful, misleading, malicious, discriminatory, or unethical.
  11. You will not do anything that could disable, overburden, or impair the proper working or appearance of the DFS Website, such as a denial of service attack or interference with page rendering or other DFS Website functionality.
  12. You will not facilitate or encourage any violations of these Terms or our policies.

Registration and Account Security

In order to use certain functions of the DFS Website, users are required to provide certain personal information.  In doing so, you agree to the following:

  1. You will not provide any false personal information to DFS, or create an account for anyone other than yourself without permission.
  2. You will not create more than one personal account.
  3. If we disable your account, you will not create another one without our permission.
  4. You will not use the DFS Website if you are under 18.
  5. You will keep your contact information accurate and up-to-date.
  6. You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
  7. You will not transfer your account to anyone without first getting our written permission.
  8. We reserve the right to remove, reclaim, restrict or deny any account in our sole discretion.

Protecting Other People’s Rights

You agree:

  1. To not post content or take any action with DFS that infringes or violates someone else’s rights or otherwise violates the law.
  2. We can remove or delete any content or information if we believe that it violates these Terms or our policies.
  3. If we remove your content for infringing someone else’s copyright or IP or for any other reason whatsoever, and you believe we removed it by mistake, you have no right to appeal our decision.
  4. We can disable your account for any or no reason at all.
  5. You will not use our IP, copyrights or trademarks or any confusingly similar marks, except as expressly permitted by us with our prior written permission.
  6. If you collect information from the DFS Website, you will do so in accordance with applicable law and IP rights.

About Advertisements and Other Commercial Content Served or Enhanced by the DFS Website

To help us deliver ads and commercial content that are valuable to you, our users and advertisers, you agree to the following:

  1. You give us permission to use any information entered into our website or disseminated through the DFS Website.
  2. We may give your content or information to advertisers without your consent.
  3. You understand that we may not always identify paid services and communications as such.

Amendments

  1. You agree that we may make changes to these Terms without any notice to you whatsoever.
  2. If we make changes to policies referenced in or incorporated by these Terms, we may provide notice on our website but are under no obligation to do so.
  3. Your continued use of the DFS Website following changes to our terms constitutes your acceptance of our amended terms.

Termination

If you violate the letter or spirit of these Terms, or otherwise create risk or possible legal or financial exposure for us, we can stop providing all or part of services to you without refund. We may delete your account or disable your application at any time, with or without cause. In all such cases, these Terms, as amended from time to time, will remain in full force and effect.

Disputes

  1. You will resolve any claim, cause of action or dispute (“Claim”) you have with us arising out of or relating to these Terms or the DFS Website exclusively in a state or federal court located in Cook County, Illinois. The laws of the State of Illinois will govern these Terms, as well as any Claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Cook County, Illinois for the purpose of litigating all such claims.
  2. If anyone brings a claim against us related to your actions, content or information, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users’ actions who use the DFS Website and are not responsible for the content or information users transmit, share or disseminate using our website.
  3. WE TRY TO KEEP THE DFS WEBSITE UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING THE DFS WEBSITE AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE DFS WEBSITE WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT THE DFS WEBSITE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. DFS IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, OWNERS, INVESTORS AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE DFS WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THESE TERMS OR THE DFS WEBSITE WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, DFS’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Special Provisions Applicable to Users Outside the United States

The following provisions apply to users and non-users who interact with DFS outside the United States:

  1. You consent to having your personal data transferred to and processed in the United States.
  2. If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department’s list of Specially Designated Nationals you will not engage in commercial activities with the DFS Website (such as advertising or payments) or operate a platform application or website.

Definitions

  1. By “DFS Website” we mean (a) our website at dfsaccounting.com and any other branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; (c) other media, software (such as a toolbar), devices, or networks now existing or later developed; and our applications for smart phones.
  2. By “Platform” we mean a set of services that enable others, including application developers and website operators, to retrieve data from the DFS Website or provide data to us.
  3. By “information” we mean facts and other information about you, including actions taken by users and non-users who interact with the DFS Website.
  4. By “content” we mean any information you or other users provide via the DFS Website that would not be included in the definition of information.
  5. By “data” or “user data” or “user’s data” we mean any data, including a user’s content or information that you or third parties can retrieve from the DFS Website or provide to DFS through the Platform.
  6. By “use” we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
  7. By “application” we mean any application or website that uses or accesses the Platform, as well as anything else that receives or has received data from us. If you no longer access the Platform but have not deleted all data from us, the term application will apply until you delete the data.

Other

  1. These Terms are an agreement between you and DFS. References to “us,” “we,” and “our” mean DFS.
  2. These Terms make up the entire agreement between the parties regarding the DFS Website, and supersedes any prior agreements.
  3. If any portion of these Terms are found to be unenforceable, the remaining portion will remain in full force and effect.
  4. If we fail to enforce any of these Terms, it will not be considered a waiver.
  5. In order for any amendment to or waiver of these Terms to be enforceable against us, such amendment or waiver must be in writing and signed by us.
  6. You will not transfer any of your rights or obligations under these Terms to anyone else without our consent.
  7. All of our rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition, sale of assets or other such similar transfer or disposition, or by operation of law or otherwise.
  8. Nothing in these Terms shall prevent us from complying with the law.
  9. These Terms do not confer any third party beneficiary rights.
  10. We reserve all rights not expressly granted to you.
  11. You will comply with all applicable laws when using or accessing the DFS Website.

Information we receive about you

We receive a number of different types of information about you, including but not limited to information entered into the DFS Website by completion of the Questionnaire.   We may use all such information as provided herein.

We also receive other types of information about you:

  1. We receive data from the computer, mobile phone or other device you use to access the DFS Website, including when multiple users log in from the same device. This may include your IP address and other information about things like your internet service, location, the type (including identifiers) of browser you use, or the pages you visit. For example, we may get your GPS or other location information so we can tell you if any of your friends are nearby.
  2. We receive data through cookies.
  3. Sometimes we get data from our affiliates or our advertising partners, customers and other third parties that helps us deliver ads, understand online activity, and generally make the DFS Website better.

We also put together data from the information we already have about you and others who have used the DFS Website.  We may put together your current city with GPS and other location information we have about you to, for example, tell you and your friends about people or events nearby, or offer deals to you that you might be interested in. We may also put together data about you to serve you ads that might be more relevant to you.

When we get your GPS location, we put it together with other location information we have about you (like your current city). But we only keep it until it is no longer useful to provide you services, like keeping your last GPS coordinates to send you relevant notifications.

How we use the information we receive

We use the information we receive about you in connection with the services and features we provide to you and other users.  In addition, we may use the information we receive about you:

  1. as part of our efforts to keep the DFS Website, products, services and integrations safe and secure;
  2. to protect the DFS Website and others’ rights or property;
  3. to provide you with location features and services;
  4. to measure or understand the effectiveness of ads you and others see, including to deliver relevant ads to you;
  5. to make suggestions to you and other users of the DFS Website; and
  6. for internal operations, including troubleshooting, data analysis, testing, research and service improvement.

We store data for as long as it is necessary to provide products and services to you and others, including those described above. In most but certainly not all cases, information associated with your account will be kept until your account is deleted.

Credit Card Information

If you are making a purchase on our website, you may be asked to provide credit card information. In such event, it is our policy to redirect you to a payment processing portal hosted by a third party payment processor.

WE DO NOT COLLECT, ACCESS, STORE, OR PROCESS ANY CREDIT CARD INFORMATION. PLEASE READ THE PRIVACY POLICY ON OUR PAYMENT PROCESSOR’S WEBSITE REGARDING THE USE, STORAGE, AND PROTECTION OF YOU CREDIT CARD INFORMATION BEFORE SUBMITTING ANY CREDIT CARD INFORMATION.

HOW WE PROTECT CUSTOMER INFORMATION

We are committed to ensuring that your information is secure. We have taken commercially reasonable precautions and have implemented commercially reasonable technical measures to protect against the risks of unauthorized access to, erroneous disclosure of, and unlawful interception of personal information submitted via our website or otherwise collected or possessed by us. Once we have received your personal information, we have taken commercially reasonable steps to limit access thereto to only those employees and service providers whom we determine need access to such personal information to provide the requested products, services, offers, or opportunities that may be of interest to you.

Unfortunately, even after we receive your personal information, we cannot guarantee that your information may not be accessed, disclosed, altered, or destroyed as a result of a breach of our commercially reasonable efforts or as a result of any other event beyond our reasonable control. Accordingly, we cannot and do not guarantee that your information is complete secure and safe from such risk. FOR THE AVOIDANCE OF DOUBT, WE EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO ENSURING, GUARANTEEING, OR OTHERWISE OFFERING ANY DEFINITIVE PROMISE OF SECURITY IN CONNECTION WITH YOUR INFORMATION THAT WE COLLECT.

Service Providers

We give your information to the people and companies that help us provide, understand and improve the services we offer. For example, we may use outside vendors to help host our website, process payments, analyze data, conduct and publish research, or measure the effectiveness of ads. In some cases we may provide the service jointly with another company.  In all of these cases our partners must agree to only use your information consistent with the agreement we enter into with them, as well as within the parameters of these Terms.

Change of Control

If the ownership of our business changes, we may transfer your information to the new owner so they can continue to operate the service.

Deleting and deactivating your account

If you want to stop using your account, you can either deactivate or delete it.  We reserve the right, however, to retain, use or allow others to use information created through your account.

OPTING OUT

At the time that you register and/or subscribe with our site, you will be asked to agree to receive communications about our special offers or services. We provide you the opportunity to opt out of receiving these communications. To request that your information be removed from our database; that certain information previously provided to use be updated or modified; or that we not send you any future communications, simply contact us at support@dfsaccounting.com.

YOUR CONSENT

THESE TERMS DESCRIBE THE TERMS AND CONDITIONS GOVERNING YOUR ACCESS TO AND USE OF THIS WEBSITE. YOUR USE OF OUR WEBSITE SIGNIFIES YOUR AGREEMENT TO BE BOUND BY BOTH THIS PRIVACY POLICY AND THE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THE TERMS OF THIS PRIVACY POLICY OF TERMS OF SERVICE, PLEASE DO NOT USE THE WEBSITE OR PROVIDE ANY INFORMATION TO US.

FURTHERMORE, WE MAY AMEND THIS PRIVACY POLICY AT ANY TIME. IF WE MAKE A MATERIAL CHANGE TO THE WAY IN WHICH WE COLLECT, USE, AND/OR SHARE YOUR INFORMATION, WE WILL POST A NOTICE ON THE WEBSITE AND/OR SEND AN EMAIL TO USERS WHO HAVE PROVIDED AN EMAIL ADDRESS. CONTINUED ACCESS OR USE OF OUR WEBSITE OR SERVICES SHALL CONSTITUTE YOUR EXPRESS ACCEPTANCE OF ANY MODIFICATIONS TO THIS PRIVACY POLICY.

CONTACT US

If you have any questions regarding this information or our privacy practices, or if you wish to make a complaint, email us at support@dfsaccounting.com, or write to us at 1440 W. Taylor Street, #417, Chicago, IL 60607.