DISCLAIMERS
By purchasing The Profit Path™ Program or Membership you are consenting to our terms + conditions.
OVERVIEW
The terms “we,” “us,” and “our” refer to The Bottom Line®® CPA and The Profit Path™. The term the “Site” refers to www.thebottomlinecpa.com, members.thebottomlinecpa.com, www.thebottomline.accountants, www.thebttmline.com, or www.theprofitpath.net. The terms “user,” “you,” and “your” refer to site visitors, customers, and any other users of the site.
On thebottomlinecpa.com, theprofitpath.net and/or any other site URLs referenced and in connection with The Bottom Line® CPA, we provide accounting, tax, payroll, consulting, strategic planning, training, education, and other financial or business information to eCommerce and Online Business Owners. These provisions and information are delivered via blog, email, live events including webinars and screencasts about accounting, tax, financial, and business matters affecting their eCommerce or online business along with a variety of professional services available for hire, coaching programs and/or cloud accounting, tax, financial, and business resources available for purchase (the “Service”).
Use of thebottomlinecpa.com, theprofitpath.net and/or any other site URLs referenced and in connection with The Bottom Line® CPA, including all materials presented herein and all online services provided by The Bottom Line® CPA is subject to the following Terms and Conditions. These Terms and Conditions apply to all members and clients of The Profit Path™ Program and The Profit Path™ Membership. By using the Sites or Services mentioned, you agree to these Terms and Conditions, without modification, and acknowledge reading them.
USE OF THE SITES AND SERVICES
To access or use the Site, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site. Information provided on the Site and in the Service related to accounting, tax, financial, and business matters and other information are subject to change. The Bottom Line® CPA makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. The Bottom Line® CPA disclaims all liability for any inaccuracy, error, or incompleteness in the Content.
ACCOUNT CREATION
In order to use the Service, you may be required to provide information about yourself including your name, email address, username and password, and other personal information. You agree that any registration information you give to The Bottom Line® CPA will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.
LAWFUL PURPOSES
You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
REFUSAL OF SERVICE
The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.
ORDER CONFIRMATION
We will email you to confirm the placement of your order and with details concerning service and/or product delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.
REFUNDS, RETURNS AND CREDITS
Refunds, returns, and/or credits for DIGITAL PRODUCTS, PROGRAMS, OR SERVICES are issued based on The Bottom Line® CPA’s Cancellation Policy. They are issued in the form of full refunds, refunds less handling charge, refundable credits, and non-refundable credits. (Refer to Cancellation Policy). Refunds, returns, and/or credits will be handled as follows:
- Refundable credits must be used within one year of issue; thereafter, a refund check will be mailed.
- Non-refundable credits will be held for one year from the date of issue; thereafter, unused credit will be forfeited.
- Refunds will be returned to the company or individual issuing original payment.
- Refunds are made in the same tender as original payment, i.e: (a) Check or money orders require a check refund; (b) Credit card payments require a credit to the original payer’s same credit card (Visa, MC, etc.)
It is important to note that we DO NOT offer refunds or credits for DIGITAL PRODUCTS, PROGRAMS, OR SERVICES once they are downloaded or once access has been given to any associated training, course, or membership site unless specified in writing otherwise. As a general policy, NO refunds are offered for digital products, services, and trainings.
However, the happiness of the clients we serve is our greatest priority! We consider it a privilege to support you and in the event there are problems or concerns related to any service or product offering please do not hesitate to reach out to us by emailing help@theprofitpath.net for immediate assistance. We will respond promptly, respectfully, and kindly to resolve any reasonable issues you may have.
THE PROFIT PATH™ MEMBERSHIP CANCELLATIONS
The Bottom Line® CPA offers a CPA-supported, DIY bookkeeping, tax, and profit mentoring solution known and trademarked as The Profit Path™ (also referred to as TPP MEMBER) to fit the diverse needs of the online entrepreneurs and retailers it serves. To ensure the overall success of the program and to create a true partnership with our clients,
Your monthly TPP Membership election will automatically renew for a full 30 days from the date purchased. This is your billing date and will continue on a monthly basis until notice of cancellation has been provided. Your renewal date will be the data of your initial purchase and each 30 days renewed thereafter.
In the event you wish to cancel your TPP Membership you may do so in writing via email to help@theprofitpath.net. A 30-day written notice is required in order to cancel your TPP Membership.
You will no longer be charged or responsible for any service fees once the 30-day notice has been completed. All system access and/or financial records maintained or collected by The Bottom Line® CPA will be returned to the client in their entirety for further maintenance and storage.
This will likely involve client's direct assumption of and transfer from The Bottom Line® CPA for the monthly subscription services to Xero, Hubdoc, and/or ReceiptBank along with any other cloud-based applications that were inclusive to the program and used to maintain client financial information and/or records in order to continue established and existing financial processes without change or interruption.
Member’s assumption will be at the current monthly retail rate established by Xero, Hubdoc, ReceiptBank, and/or any other cloud-based application for the plan necessary for client's needs and/or financial volume/activity.
Please note that enrollment into The Profit Path™ Program is different from The Profit Path™ Membership. All terms and conditions related to the “TPP PROGRAM” is referenced in the above Refunds, Returns, and Credits section above.
LIVE/VIRTUAL EVENT CANCELLATIONS INCL KICKSTART, SETUP + TRAINING, CONSULTATIONS, STRATEGY + PLANNING SESSIONS
- Cancellations received 14 or more days prior to a paid event will incur a $100 cancellation fee or forfeiture of the entire fee collected in advance if less than $100.
- Cancellations received after 14 or fewer days prior to the event will not be refunded; however, without penalty you may: (a) Send a substitute (which must be arranged with The Bottom Line® CPA five days prior to the event); or (b) Transfer your registration to another event of your choice within the same calendar year.
- Requests for refund or transfer on or following the event date cannot be honored.
- Refunds will be returned to company / individual issuing original payment, if eligible.
- No-show registrants will not be eligible for refunds or credits.
- Early departure or excessive absences will not be eligible for refunds or credits.
SCHEDULE CHANGES
The Bottom Line® CPA may occasionally find it necessary to reschedule or cancel an event (virtual and/or in-person) and will give registrants advance notice of such changes. The Bottom Line® CPA will provide refunds or credits (Refer to Returns, Refunds, Credits and Cancellations above), if applicable. The Bottom Line® CPA will not be responsible for reimbursement of and/or penalties incurred as a result of discount airline, hotel, or rental car purchases, if applicable.
CLIENT CARE CONCERNS AND RESOLUTIONS
At The Bottom Line® CPA and for The Profit Path™ Program and Membership, the happiness of the clients we serve is our greatest priority! We consider it a privilege to support you and in the event there are problems or concerns related to any service or product offering please do not hesitate to reach out to us by emailing help@theprofitpath.net for immediate assistance. We will respond promptly, respectfully, and kindly to resolve any reasonable issues you may have.
SERVICE AND/OR PRODUCT DESCRIPTION
We endeavor to describe and display the Service and/or Product as accurately as possible. While we try to be as clear as possible in explaining the Service and/or Product, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.
MATERIAL YOU SUBMIT TO THE SITE
You shall not upload, post or otherwise make available on the Site any artwork, photos, or other materials (collectively “Materials”) protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties.
INTELLECTUAL PROPERTY RIGHTS TO YOUR MATERIALS
We claim no intellectual property rights over the material you supply to The Bottom Line® CPA. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Site or Service. Content you submit to The Bottom Line® CPA remains yours to the extent that you have any legal claims therein. You agree to hold The Bottom Line® CPA harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. By posting material on the Site, you grant us a worldwide, non-exclusive, irrevocable license to use the material for promotional, business development, and marketing purposes.
OUR INTELLECTUAL PROPERTY
The Site and Service contain intellectual property owned by Rock Solid Concepts LLC dba The Bottom Line® CPA and/or Marilyn A. Parham CPA personally, including trademarks, copyrights, proprietary information, and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service Content or intellectual property, in whole or in part, without our prior written consent. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.
CHANGED TERMS
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.
LIMITATION OF LIABILITY
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, THE BOTTOM LINE® CPA IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF THE BOTTOM LINE® CPA HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THE BOTTOM LINE® CPA’S CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM THE BOTTOM LINE® CPA, AND IF NO PURCHASE HAS BEEN MADE BY YOU THE BOTTOM LINE® CPA’S CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100.
THIRD PARTY RESOURCES
The Site and the Service contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with The Bottom Line® CPA. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
INDEMNIFICATION
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
EFFECT OF HEADINGS
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
ENTIRE AGREEMENT; WAIVER
This Agreement constitutes the entire agreement between you and The Bottom Line® CPA pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by The Bottom Line® CPA shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by The Bottom Line® CPA.
NOTICES
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:
Attn: Notices for The Profit Path™
Rock Solid Concepts, LLC dba The Bottom Line® CPA
11124 Kingston Pike, Suite 119 Box 326
Knoxville, TN 37934
Toll-Free Phone + Fax: 877-700-3269
Contact us via email: hello@theprofitpath.net
GOVERNING LAW; VENUE; MEDIATION
This Agreement shall be construed in accordance with, and governed by, the laws of the State of Tennessee as applied to contracts that are executed and performed entirely in Tennessee. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Knox County, Tennessee. The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.
RECOVERY OF LITIGATION EXPENSES
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
SEVERABILITY
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
ASSIGNMENT
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sublicenseable, or otherwise transferable by you. Any transfer, assignment, delegation, or sublicense by you is invalid.
Revised and updated eff November 1, 2018