WEBSITE TERMS AND CONDITIONS
WWW.MCDONALDBOOKKEEPING.COM
These Terms and Conditions set out the terms governing access to and use of the website operated by McDonald Bookkeeping Services, LLC, a limited liability company organized under the laws of the State of Nevada, with its principal place of business at 354 Lyon Dr., Henderson, Nevada 89074.
The Website provides information regarding the bookkeeping, accounting support, and related services offered by the Business, and also facilitates the sale of Digital Products and the provision of Subscription Services. These Terms and Conditions are intended to define the rights, responsibilities, and obligations of all Users who access or interact with the Website or engage with the Services made available through it.
Users are encouraged to review these Terms and Conditions carefully prior to accessing or using the Website, as they govern all interactions, transactions, and use of the Content, Services, and Digital Products provided by the Business.
1. DEFINITIONS
1.1. For the purposes of these Terms and Conditions, the following terms shall have the meanings set forth below:
a. “Business” means McDonald Bookkeeping Services, LLC, a limited liability company organized under the laws of the State of Nevada.
b. “Website” means the online platform operated by the Business and accessible at its official domain, through which information, Digital Products, and Services are made available.
c. “User” means any individual or entity that accesses or uses the Website in any manner.
d. “Services” means the bookkeeping, accounting support, subscription-based services, and any related offerings provided by the Business through the Website.
e. “Subscription Services” means recurring or prepaid service offerings made available by the Business through the Website, which may include ongoing bookkeeping or accounting related support.
f. “Digital Products” means any downloadable or electronically delivered content made available for purchase through the Website, including but not limited to books and written materials.
g. “Payment Processor” means any third-party platform used by the Business to process payments, including but not limited to WooCommerce and PayPal.
h. “Third-Party Platforms” means external systems or services utilized in connection with the Services, including but not limited to QuickBooks, Google Drive, and OneDrive.
i. “Confidential Information” means any non-public, sensitive, financial, or business-related information provided by a User in connection with the Services.
j. “Content” means all materials, text, graphics, logos, documents, and other information made available on or through the Website.
k. “Intellectual Property” means all rights, title, and interest in and to the Content, Digital Products, and any proprietary materials of the Business.
l. “Account” means any registered profile or subscription arrangement created by a User for the purpose of accessing Services or purchasing Digital Products.
m. “Billing Cycle” means the recurring period for which a User is charged for Subscription Services, as determined at the time of purchase.
n. “Applicable Law” means the laws of the State of Nevada and any relevant federal laws of the United States governing these Terms and Conditions.
o. “Effective Date” means the date on which a User first accesses or uses the Website or accepts these Terms and Conditions.
2. ACCEPTANCE OF TERMS
2.1. By accessing, browsing, or using the Website, the User acknowledges that they have read, understood, and agree to be bound by these Terms and Conditions, as may be updated from time to time. The use of the Website, including the purchase of any Services, Subscription Services, or Digital Products, constitutes a legally binding agreement between the User and the Business under Applicable Law.
2.2. If the User does not agree to these Terms and Conditions in full, the User must immediately discontinue use of the Website and refrain from accessing any Content, Services, or Digital Products made available by the Business.
3. ELIGIBILITY AND USE OF WEBSITE
3.1. The Website is intended for use by individuals and entities that are legally capable of entering into binding agreements under Applicable Law. By accessing or using the Website, the User represents and warrants that they have the legal authority and capacity to do so, whether on their own behalf or on behalf of a business or other entity.
3.2. The User agrees to use the Website solely for lawful purposes and in a manner consistent with these Terms and Conditions. The User shall not use the Website in any way that may impair its functionality, interfere with other Users, or compromise the integrity, security, or availability of the Website or any Content, Services, or Digital Products offered by the Business.
3.3. The User further agrees not to misuse the Website, including but not limited to engaging in unauthorized access, transmitting harmful or malicious code, attempting to gain access to restricted areas, or using the Website in connection with any fraudulent, unlawful, or abusive activity. The Business reserves the right to restrict or terminate access to the Website for any User found to be in violation of these Terms and Conditions.
3.4. Use of the Website does not create any partnership, joint venture, or employment relationship between the User and the Business, and any engagement of Services or Subscription Services shall be governed by these Terms and Conditions and any separate written agreement entered into between the parties.
4. SERVICES OVERVIEW
4.1. The Business provides a range of Services through the Website, including bookkeeping, accounting support, and related administrative and financial assistance. Certain Services may be offered on a recurring or prepaid basis as Subscription Services, while others may be provided on a one-time or customized basis, depending on the needs of the User.
4.2. The scope, nature, and availability of the Services may vary and are subject to change at the discretion of the Business. Any descriptions of Services provided on the Website are for general informational purposes only and do not constitute a guarantee of specific results, outcomes, or availability.
4.3. In addition to Services, the Website may offer Digital Products for purchase and download. All Services and Digital Products are provided subject to these Terms and Conditions and any separate agreement that may be entered into between the User and the Business in connection with specific engagements.
4.4. The Business reserves the right to modify, suspend, or discontinue any Services, Subscription Services, or Digital Products at any time, with or without notice, to the extent permitted under Applicable Law.
5. DIGITAL PRODUCTS (BOOKS AND CONTENT)
5.1. The Website may offer Digital Products for purchase, including but not limited to books and other electronically delivered Content. All Digital Products are delivered in digital format and are made available to the User upon successful completion of the applicable payment process through the designated Payment Processor.
5.2. The User acknowledges and agrees that Digital Products are non-tangible, electronically delivered items and, once access or download has been provided, such Digital Products are deemed delivered in full. The Business does not guarantee compatibility of Digital Products with all devices, software, or systems, and it is the responsibility of the User to ensure that they have the necessary technical capability to access and use such Digital Products.
5.3. All Digital Products are provided for the User’s personal or internal business use only and may not be reproduced, distributed, resold, shared, or otherwise exploited for any commercial purpose without the prior written consent of the Business. Any unauthorized use of Digital Products shall constitute a violation of these Terms and Conditions and may result in legal action.
5.4. The Business reserves the right to modify, update, or discontinue any Digital Products at its discretion, provided that such changes shall not affect Digital Products already purchased and delivered to the User.
6. SUBSCRIPTION SERVICES AND BILLING
6.1. Certain Services offered by the Business may be made available as Subscription Services on a recurring or prepaid basis. By enrolling in Subscription Services through the Website, the User agrees to the applicable Billing Cycle, fees, and payment terms disclosed at the time of purchase.
6.2. Subscription Services may renew automatically at the end of each Billing Cycle unless otherwise specified at the time of enrollment or unless the User cancels the Subscription Services in accordance with the applicable terms. The User remains responsible for all charges incurred for each Billing Cycle unless and until such Subscription Services are properly cancelled.
6.3. The User authorizes the Business and its designated Payment Processor to charge the applicable fees to the User’s selected payment method in accordance with the agreed Billing Cycle. The Business does not control and is not responsible for any errors, delays, or failures caused by the Payment Processor.
6.4. Any changes to Subscription Services, including pricing or scope, may be implemented by the Business upon reasonable notice to the User, to the extent permitted under Applicable Law. Continued use of the Subscription Services following such notice shall constitute acceptance of the updated terms.
6.5. The User acknowledges that access to Subscription Services may be suspended or terminated in the event of failed or declined payments, subject to any applicable grace period determined by the Business.
7. PAYMENT TERMS
7.1. All fees for Services, Subscription Services, and Digital Products shall be paid in accordance with the pricing and payment terms displayed on the Website at the time of purchase or as otherwise agreed in writing between the User and the Business. The User agrees to provide accurate and complete payment information and to promptly update such information as necessary to ensure the successful processing of payments.
7.2. Payments for Services and Subscription Services may be charged on a recurring or prepaid basis in accordance with the applicable Billing Cycle, while payments for Digital Products shall be charged at the time of purchase. All payments are processed through the designated Payment Processor, and the Business does not store or directly process sensitive payment information.
7.3. The User acknowledges and agrees that all payment obligations are binding and that failure to complete payment may result in suspension or termination of access to the Services, Subscription Services, or Digital Products. The Business shall not be responsible for any fees, charges, or penalties imposed by the Payment Processor or financial institutions in connection with the User’s payment method.
7.4. All fees are stated in United States Dollars unless otherwise specified and are exclusive of any applicable taxes, duties, or governmental charges, which shall be the sole responsibility of the User.
7.5. The Business reserves the right to modify its pricing at any time, provided that such changes shall not affect transactions that have already been completed.
8. NO REFUND POLICY FOR DIGITAL PRODUCTS
8.1. The User acknowledges and agrees that all Digital Products made available through the Website are delivered in electronic form and are deemed to be irrevocably provided once access or download has been granted. Accordingly, all purchases of Digital Products are final and non-refundable under all circumstances.
8.2. The Business does not offer refunds, exchanges, or credits for any Digital Products, including but not limited to situations where the User is unable to access or utilize the Digital Products due to technical limitations, incompatibility, or any other reason not attributable to the Business. The User is solely responsible for reviewing all available information regarding Digital Products prior to completing a purchase.
8.3. Payments for Services and Subscription Services are non-refundable once the applicable Billing Cycle has commenced, except as otherwise expressly agreed in writing.
8.4. Nothing in this section shall limit any rights that may be non-waivable under Applicable Law, to the extent such laws require otherwise.
9. INTELLECTUAL PROPERTY RIGHTS
9.1. All Intellectual Property in and to the Website, including all Content, Digital Products, and any materials made available by the Business, shall remain the sole and exclusive property of the Business or its licensors. Nothing in these Terms and Conditions shall operate to transfer or assign any Intellectual Property rights to the User.
9.2. Subject to compliance with these Terms and Conditions, the Business grants the User a limited, non-exclusive, non-transferable, and revocable license to access and use the Website, Content, and Digital Products solely for personal or internal business purposes. This license does not permit the User to copy, reproduce, modify, distribute, display, publish, transmit, create derivative works from, or otherwise exploit any Intellectual Property without the prior written consent of the Business.
9.3. The User agrees not to remove, alter, or obscure any proprietary notices, trademarks, or other indications of ownership contained in the Content or Digital Products. Any unauthorized use of the Intellectual Property shall constitute a material breach of these Terms and Conditions and may result in immediate termination of access to the Website, as well as potential legal action.
9.4. All rights not expressly granted to the User under these Terms and Conditions are reserved by the Business.
10. USER OBLIGATIONS AND RESTRICTIONS
10.1. The User agrees to use the Website, Services, Subscription Services, and Digital Products in a lawful, responsible, and reasonable manner consistent with these Terms and Conditions and Applicable Law. The User shall not engage in any activity that may harm the Business, the Website, or any other User, or that may interfere with the proper functioning or security of the Website.
10.2. The User shall not misuse the Website or any Content by engaging in unauthorized access, attempting to bypass security measures, introducing malicious code, or using the Website for any fraudulent, deceptive, or unlawful purpose. The User further agrees not to use the Website to transmit or store any material that is unlawful, harmful, abusive, or otherwise objectionable.
10.3. The User shall not use the Services or Subscription Services in a manner that exceeds the intended scope of use or that violates any applicable laws or regulations. Any information provided by the User in connection with the use of the Website or Services must be accurate, complete, and not misleading.
10.4. The User shall not reproduce, duplicate, copy, sell, resell, or exploit any portion of the Website, Content, or Digital Products except as expressly permitted under these Terms and Conditions.
10.5. The Business reserves the right to investigate any suspected violation of this section and to take appropriate action, including suspension or termination of access to the Website, Services, Subscription Services, or Digital Products, without prior notice.
11. THIRD-PARTY SERVICES AND PLATFORMS
11.1. The Website and the Services may involve the use of Third-Party Platforms, including but not limited to Payment Processors and external systems used for communication, document sharing, or financial management. The User acknowledges that such Third-Party Platforms operate independently of the Business and are subject to their own terms, conditions, and privacy practices.
11.2. The Business does not own, control, or assume responsibility for the operation, availability, or security of any Third-Party Platforms. Any use of such Third-Party Platforms by the User, whether in connection with payments, storage of Confidential Information, or access to Services, shall be at the User’s own risk. The User agrees to review and comply with the terms and policies of any applicable Third-Party Platforms prior to use.
11.3. The Business shall not be liable for any loss, damage, delay, or failure arising from or related to the acts, omissions, or performance of any Third-Party Platforms, including but not limited to payment processing errors, data access issues, or service interruptions.
11.4. To the extent that the Services involve access to or use of Confidential Information through Third-Party Platforms, the User acknowledges that such information may be stored or processed outside the direct control of the Business, and the Business shall not be responsible for any unauthorized access, disclosure, or loss of such information caused by the Third-Party Platforms.
12. DISCLAIMER OF PROFESSIONAL ADVICE
12.1. The Services and any Content made available through the Website are provided for general informational and administrative purposes only. While the Business provides bookkeeping and accounting support, such Services do not constitute legal, tax, financial planning, or investment advice.
12.2. The User acknowledges that the Business is not acting as a certified public accountant, attorney, financial advisor, or licensed professional unless expressly agreed in a separate written agreement. The User remains solely responsible for obtaining independent professional advice appropriate to their specific circumstances.
12.3. Any reliance placed by the User on the Services, Subscription Services, or Content is strictly at the User’s own risk. The Business does not guarantee the accuracy, completeness, or suitability of any information provided and shall not be responsible for any decisions made by the User based on such information.
12.4. Nothing in this section shall be interpreted as creating any fiduciary relationship between the User and the Business beyond the scope expressly agreed in writing.
13. LIMITATION OF LIABILITY
13.1. To the fullest extent permitted under Applicable Law, the Business shall not be liable to the User for any indirect, incidental, consequential, special, or punitive damages arising out of or in connection with the use of the Website, Services, Subscription Services, Digital Products, or any Content, even if the Business has been advised of the possibility of such damages.
13.2. The total liability of the Business, whether in contract, tort, or otherwise, arising out of or relating to these Terms and Conditions or the use of the Website, Services, Subscription Services, or Digital Products, shall be limited to the total amount actually paid by the User to the Business for the specific Services, Subscription Services, or Digital Products giving rise to the claim during the relevant Billing Cycle.
13.3. The Business shall not be liable for any loss, damage, or disruption resulting from factors beyond its reasonable control, including but not limited to failures of Third-Party Platforms, interruptions in internet connectivity, delays in payment processing by the Payment Processor, or unauthorized access to Confidential Information not caused by the Business.
13.4. The User acknowledges that the allocation of risk set forth in these Terms and Conditions is a fundamental basis of the agreement between the User and the Business, and that the fees charged reflect this allocation of risk.
13.5. Nothing in this section shall limit or exclude any liability that cannot be limited or excluded under Applicable Law.
14. INDEMNIFICATION
14.1. The User agrees to indemnify, defend, and hold harmless the Business, its owners, employees, contractors, and representatives from and against any and all claims, demands, liabilities, damages, losses, costs, and expenses, including reasonable legal fees, arising out of or in connection with the User’s use of the Website, Services, Subscription Services, or Digital Products.
14.2. This obligation shall include, without limitation, any claims arising from the User’s breach of these Terms and Conditions, violation of Applicable Law, misuse of the Website or Content, or infringement of any Intellectual Property or other rights of any third-party.
14.3. The Business reserves the right, at its own discretion, to assume the exclusive defense and control of any matter subject to indemnification by the User, in which case the User agrees to cooperate fully with the Business in asserting any available defenses.
14.4. The obligations under this section shall survive termination or suspension of the User’s access to the Website, Services, Subscription Services, or Digital Products.
15. TERMINATION AND SUSPENSION
15.1. The Business reserves the right to suspend, restrict, or terminate the User’s access to the Website, Services, Subscription Services, or Digital Products at any time, with or without notice, where the User is found to be in violation of these Terms and Conditions or where such action is reasonably necessary to protect the Business, its operations, or other Users.
15.2. The User may discontinue use of the Website or terminate their engagement with the Services or Subscription Services at any time, subject to any applicable obligations relating to the Billing Cycle, outstanding payments, or any separate agreement entered into with the Business.
15.3. Upon termination or suspension, the User’s right to access or use the Website, Services, Subscription Services, or Digital Products may cease immediately. The Business shall not be liable for any loss of access, data, or Content resulting from such termination or suspension, to the extent permitted under Applicable Law.
15.4. Termination or suspension shall not affect any rights or obligations that have accrued prior to the effective date of such termination, including but not limited to payment obligations, limitations of liability, indemnification, and any provisions which by their nature are intended to survive termination.
16. GOVERNING LAW AND JURISDICTION
16.1. These Terms and Conditions and any dispute, claim, or controversy arising out of or in connection with the Website, Services, Subscription Services, or Digital Products shall be governed by and construed in accordance with the Applicable Law of the State of Nevada, without regard to its conflict of law principles.
16.2. The User agrees that any legal action or proceeding arising out of or relating to these Terms and Conditions shall be brought exclusively in the state or federal courts located within Clark County, Nevada, and the User hereby irrevocably submits to the jurisdiction and venue of such courts.
16.3. The User further waives any objection to the exercise of jurisdiction by such courts, including any claim that such forum is inconvenient or improper.
17. NOTICES
17.1. Any notice, request, or communication required or permitted under these Terms and Conditions shall be in writing and shall be deemed properly given when delivered by email or by recognized delivery service to the appropriate contact details of the receiving party.
17.2. For notices to the Business, the User shall direct all communications to the contact email provided on the Website or otherwise designated by the Business. The Business may provide notices to the User using the contact information associated with the User’s Account or any email address provided by the User in connection with the use of the Website, Services, or Subscription Services.
17.3. A notice shall be deemed effective upon confirmation of delivery, or, in the case of email, at the time it is sent, provided that no delivery failure notification is received. The User is responsible for ensuring that their contact information remains accurate and up to date for the purpose of receiving notices.
18. AMENDMENTS AND UPDATES
18.1. The Business reserves the right to modify, update, or revise these Terms and Conditions at any time in its sole discretion. Any such amendments shall become effective upon being posted on the Website, unless otherwise stated.
18.2. It is the responsibility of the User to review these Terms and Conditions periodically to remain informed of any changes. Continued access to or use of the Website, Services, Subscription Services, or Digital Products after any such amendments have been posted shall constitute the User’s acceptance of the revised Terms and Conditions.
18.3. Where required under Applicable Law, the Business may provide additional notice of material changes through email or other reasonable means.
19. SEVERABILITY
19.1. If any provision of these Terms and Conditions is determined to be invalid, unlawful, or unenforceable under Applicable Law, such provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable. If such modification is not possible, the affected provision shall be severed from these Terms and Conditions, and the remaining provisions shall continue in full force and effect.
19.2. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision of these Terms and Conditions.
20. ENTIRE AGREEMENT
20.1. These Terms and Conditions constitute the entire agreement between the User and the Business with respect to the use of the Website and supersede all prior or contemporaneous understandings, communications, or agreements, whether written or oral, relating to such subject matter.
20.2. To the extent the User engages the Services or Subscription Services under a separate written agreement with the Business, such agreement shall govern the specific relationship and scope of Services, and in the event of any conflict, the terms of the separate agreement shall prevail over these Terms and Conditions solely with respect to that subject matter.
20.3. No waiver of any provision of these Terms and Conditions shall be deemed a continuing waiver unless expressly stated in writing, and any failure by the Business to enforce any right or provision shall not constitute a waiver of such right or provision.
21. ELECTRONIC ACCEPTANCE
21.1. The User acknowledges and agrees that their access to or use of the Website, including any purchase of Services, Subscription Services, or Digital Products, constitutes an electronic acceptance of these Terms and Conditions. Such acceptance shall have the same legal effect as a written signature and shall be binding under Applicable Law.
21.2. The User further agrees that any records, agreements, notices, or communications provided electronically by the Business in connection with the Website, Services, Subscription Services, or Digital Products shall satisfy any legal requirement that such communications be in writing.