ACCEPTANCE OF TERMS
By browsing and using the Site, you agree to these Terms and all other operating rules, policies, and procedures that may be published from time to time on the Site, each of which is incorporated by reference.
IF YOU LIVE IN THE UNITED STATES, BY USING THIS SITE YOU ARE AGREEING TO WAIVE YOUR RIGHT TO SUE IN COURT AND INSTEAD AGREE TO HAVE ALL DISPUTES DECIDED BY AN ARBITRATOR IN Texas and Dallas. BY AGREEING TO ARBITRATION, YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL TO SETTLE DISPUTES RELATING TO YOUR USE OF THE SITE AND PURCHASE OF OUR PRODUCTS, AS STATED FULLY IN THE "DISPUTE RESOLUTION" SECTION BELOW.
Perfectly Kept Books, LLCits aﬃliated entities and is referred to herein as "Perfectly Kept Books, LLC," "we," or "our."
"Content" means logos, design, text, graphics, images, software, audio, video, works of authorship of any kind, and information and other materials that are posted, generated, provided, or
otherwise available through or on the Site. We and our licensors exclusively own all right, title, and interest in and to the Content, including all associated intellectual property rights. You
acknowledge that Content is protected by copyright, trademark, and other laws of the United States and foreign countries and that you will not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying Content on the Site.
"Site" means the website https://perfectlykeptbooks.com, including all of its domains and subparts.
"User" means any visitor to the Site, regardless of whether the visitor registers for the Site or purchases any products from the Site and is referred to herein as "User" or "you."
"User Content" refers to any photographs, comments, video clips, or other Content that Users, including you, may upload to the Site. Content includes, without limitation, User Content. We do not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights a User may have to use and exploit their own User Content.
ELIGIBILITY TO USE THE SITE
You may use the Site only if you are eighteen (18) years or older and capable of forming a binding contract with us and are not barred from using the Site under any applicable law. As long as you comply with these Terms, you may view and use our Site for your personal, non- commercial purposes. No other use of the Site is authorized.
a. Notice required by California Law
Pursuant to California Civil Code Section 1879.3, California residents are entitled to the following speciﬁc consumer rights notice:
The name, address, and telephone number of the provider of this service is Perfectly Kept Books, LLC, 539 W. Commerce St. #3829, Dallas, TX 75208, 214-561-9508. Complaints regarding products, or requests to receive further information regarding use of this
Site may be sent to the above address or to email@example.com.
The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Aﬀairs may be contacted in writing at 1625 North Market Boulevard, Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210.
b. Important information for New Jersey residents
If you live in New Jersey, please carefully read these Terms and understand that by using the Site, placing an order on the Site or creating an account, in addition to the other terms and conditions herein, you agree:
Any dispute between you and Perfectly Kept Books, LLC will be governed by the laws of the State of Texas and subject to the dispute resolution provisions set forth in the "Disputes Resolution" section below;
Under the laws of the State of New Jersey, limitations on implied warranties or the exclusive limitation of certain damages as set forth below in the "DMCA/Copyright Policy," "Disclaimers of Warranties," "Limitations on Liability," and "Anti-Diversion" sections may not apply to you; and
As set forth in the "Indemniﬁcation" section below, you are responsible for any harm you cause Perfectly Kept Books, LLC, whether it is because of your (i) User Content; (ii) violation of any applicable law that protects Perfectly Kept Books, LLC or our legal rights or those of any third party that your actions have damaged; (iii) material uncured breaches of these Terms; (iv)
infringement by you of any intellectual property rights that belong to Perfectly Kept Books, LLC or any third party; (v) any and all activities that occur under your account, username, and password.
Our Site is controlled, operated, and administered from our oﬃces in Texas, United States of America. We make no representation that Content on the Site is appropriate or available for use at other locations outside the United States, and access to Content is prohibited from territories where the Content or products available through the Site are illegal. You may not use the Site or export its Content or products in violation of United States export laws and regulations. If you access the Site from a location outside of the United States, you are responsible for compliance with all local laws if, and to the extent, local laws are applicable.
These Terms and any action or proceeding relating thereto will be governed by the laws of the State
of Texas. If any provision or part-provision of these Terms is declared invalid, unlawful, void, or for any reason unenforceable, it will be deemed severable and will not aﬀect the validity and enforceability of the remaining provisions of these Terms, which will be enforced to the maximum extent permissible.
We reserve the right to make changes to these Terms at any time, and such changes will be eﬀective
immediately upon being posted on the Site. Each time you use the Site, you should review the current Terms. You can determine when these Terms were last revised by referring to the "LAST
usage of the Site will not be applied retroactively.Except for such material changes, the Terms that were in eﬀect at the time any claim or dispute arose between you and Perfectly Kept Books, LLC will be applied.
You may be required to register with Perfectly Kept Books, LLC in order to access certain services or areas of the Site. With respect to any such registration, we may refuse to grant you the username you request. Your username and password are for your personal use only. If you use the Site, you are responsible for maintaining the conﬁdentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that
occur under your account or password. In addition to all other rights available to Perfectly Kept Books, LLC, including those set forth in these Terms, we reserve the right, in our sole discretion
to terminate your account or your use of the Site, block or prevent future access to and use of the Site, refuse service to you, or cancel your product orders (i) if you violate any of these Terms;
(ii) for any other reason; or (iii) for no reason. Upon any such termination, your right to use the Site will immediately cease.
RULES OF CONDUCT AND GENERAL PROHIBITIONS
You must only use this Site for lawful purposes, and you must not use it in any way that infringes the rights of anyone else or that restricts or inhibits anyone else’s enjoyment of the Site. You
may not, without our written consent (i) copy, reproduce, use, or otherwise deal with any Content on the Site; (ii) modify, distribute, or re-post any Content on the Site for any purpose; or (iii) use the Content of the Site for any commercial exploitation whatsoever.
In using the Site, you further agree not to do any of the following:
post, publish, submit, or otherwise transmit any Content that (i) infringes, misappropriates, or violates a third party’s patent, copyright, trademark, trade secret, or other intellectual property
rights, or rights of publicity or privacy; (ii) is knowingly false, fraudulent, misleading, or deceptive; (iii) is defamatory, abusive, vulgar, hateful, harassing, obscene, profane, sexually
oriented, threatening, invasive of a person's privacy, or otherwise volatile of any law; or (iv) promotes illegal or harmful activities or substances; disrupt or interfere with the security of, or
otherwise abuse, the Site or any service, systems resource, account, server, or network connected to or accessible through the Site, or aﬃliated or linked websites; disrupt or interfere with any
other User’s enjoyment of the Site, or aﬃliated or linked websites; post, publish, submit or otherwise transmit through or on the Site any viruses or other harmful, disruptive, or destructive
ﬁles; use, frame, or utilize framing techniques to enclose our trademark, logo, or other proprietary information (including, but not limited to, images found on the Site, Content, any
text, or the layout/design of any page or form contained on a page) without our express written consent; use meta tags or other “hidden text” utilizing our name, trademark, or product name
without our express written consent; deep link to the Site without our express written consent; create or use a false identity on the Site, share your account information, or allow any person
besides yourself to use your account to access the Site; collect or store personal data about others; attempt to obtain unauthorized access to the Site or portions of it that are restricted
from general access; and encourage or enable another User or individual to do any of the foregoing prohibited activities.
By accessing or using this Site you agree to comply with all applicable local, national, and international laws and regulations relating to your use of or activities on the Site. To the extent
permissible by law, we will not be responsible or liable to any third party for the User Content or accuracy of any Content posted by you or any other User on the Site. We have the right to remove
any User Content or posting you make on the Site if, in our sole discretion, such Content or posting does not comply with the standards set out in these Terms.
If you do not agree to these Terms, you do not have our consent to obtain information from or otherwise use the Site. Failure to use the Site in accordance with these Terms may subject you to civil or criminal penalties.
YOU ACKNOWLEDGE AND AGREE THAT BY ACCESSING OR USING THE SITE, AND/OR DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS
WHETHER OR NOT YOU HAVE CREATED AN ACCOUNT ON THE SITE. IF YOU DO NOT AGREE TO THESE TERMS, YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or legal entity to these Terms and, in such event, "you" or "your" will refer and
apply to that company or other legal entity.
RIGHT TO USER CONTENT POSTED BY YOU
By making any User Content available to or through the Site, you hereby grant Perfectly Kept Books, LLC a non-exclusive, transferable, sub-licensable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform, and distribute your User Content in connection with operating and providing products and services to
you and/or other Users, and also in connection with advertising of our products and services.
In the event you upload any User Content to the Site, we have the right to use any and all such elements of the Content in connection with and/or as part of our business, including, but not
limited to, in connection with or in any advertising in any and all media, product packaging, printed publications, presentations, promotional materials, events, and associated marketing
materials, television and cinema commercials, videos, or on the Site in perpetuity throughout the
world as we, in our sole discretion, see ﬁt without further consent by, or payment to, you. By uploading User Content to the Site, you agree to grant Perfectly Kept Books, LLC the right to use
your copyright in such User Content. We also have all right, title, and interest in any and all results and proceeds from our use of the User Content to the extent permissible by law. We have the
right to transfer our rights to use the User Content to any third party, including, but not limited to, any of our subsidiaries or aﬃliated companies.
We may alter, adopt, or edit the User Content and any further material created under these Terms, and market and exploit it entirely in our sole discretion. We are not obligated to make use of any
of your User Content or exercise any of the rights granted by these Terms.
You are responsible for all your User Content. You represent and warrant that you own all of your User Content or you have all rights that are necessary to grant Perfectly Kept Books, LLC the
license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Site, nor any use of your User Content by Perfectly Kept Books, LLC on or through the Site, will infringe, misappropriate, or violate a third party’s intellectual property rights, rights of
publicity or privacy, or result in the violation of any applicable law or regulation.
You can remove your User Content by speciﬁcally deleting it. However, in certain circumstances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Site. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
You will defend, indemnify, and hold harmless Perfectly Kept Books, LLC, our aﬃliates, and each of our and their respective oﬃcers, directors, employees, contractors, suppliers, representatives, and agents from any and all claims, demands, liabilities, damages, losses, costs, and expenses, including, but not limited to, reasonable attorneys’ fees, that arise from or relate to (i) your access or use of the Site or Content; (ii) your User Content; (iii) violation of any applicable law that protects Perfectly Kept Books, LLC or our legal rights or those of any third party that your actions have damaged; (iv) your violation of these Terms or any applicable law, including, but not limited to, infringement by you of any intellectual property rights owned by Perfectly Kept Books, LLC or any third party; (v) any and all activities that occur under or in connection with your account, username, and/or password. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemniﬁcation by you, in which event you will assist and cooperate with Perfectly Kept Books, LLC in asserting any available defenses. YOU AGREE TO BE RESPONSIBLE FOR ALL SUCH DAMAGES, CLAIMS, OR LOSSES TO THE FULLEST EXTENT PERMITTED BY LAW, EVEN IF THEY ARE CAUSED BY OUR ACTIVE OR PASSIVE NEGLIGENCE, EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES, AND EVEN IF THEY ARE REASONABLY FORESEEABLE.
COPYRIGHTS AND TRADEMARKS
The Site, including all of the Content, is protected by copyright, trademark, and other laws of the United States and foreign countries. Unless expressly stated otherwise, we retain other proprietary rights in all Content and products available through the Site. Except as stated herein, none of the
Content may be copied, modiﬁed, reproduced, distributed, republished, downloaded, performed, displayed, posted, transmitted, sold, and or made into derivative works in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise without our prior written consent and permission of the respective copyright owner. You may not,
without our express written permission or that of the respective copyright owner (i) copy, upload, publish, post, submit, or transmit any materials on any computer network or broadcast or publications media; (ii) modify the materials; or (iii) remove or alter any copyright or other
proprietary notices contained in the materials. You also may not (i) sell, resell, or make commercial use of the Site, its Content, services, or products obtained through the Site; (ii)
collect or use any product listings or descriptions; (iii) make derivative uses of the Site or its Content; or (iv) use any data mining, robots, or similar data gathering and extracting methods. You
are not conveyed any right or license by implication, estoppel, or otherwise in or under any of our patent, trademark, copyright, or other proprietary rights of any third party.
Together with other logos and product names appearing on the Site, all trademarks of Perfectly Kept
Books, LLC may not be copied, imitated, or used, in whole or in part, without our prior written permission or that of the rights holder. In addition, all page headers, custom graphics, button
icons, and scripts are our service marks, trademarks, and/or trade dress, and may not be copied, imitated, or used, in whole or in part, without our prior written permission. Any other names and
brands on the Site may be claimed as the property of others.
It is our policy to respect the copyright and intellectual property rights of others.
We may remove content that appears to infringe the copyright or other intellectual property rights, including moral rights, of others. In addition, we may terminate access by Users who appear to infringe the intellectual property or other rights of others.
We comply with the Digital Millennium Copyright Act ("DMCA"). If you believe we or any User of the Site has infringed your copyright in any material way, please notify Perfectly Kept Books, LLC and provide the following:
a. an identiﬁcation of the intellectual property right claimed to have been infringed;
b. an identiﬁcation of the material you claim is infringing so that we may locate it on the Site;
c. your address, telephone number, and email address;
d. a statement by you that you have a good faith belief that the disputed use is not authorized by
the owner or its licensee, or the agent of either of the foregoing, or the law;
e. a statement by you that the above information in your notice is accurate and made under penalty
of perjury; and
f. that you are authorized to act on behalf of the owner of the intellectual property interest
Please direct inquiries regarding intellectual property infringement issues by writing to the
attention of the Misa Bacon.
LINKS TO THIRD-PARTY WEBSITES
The Site may contain links to third party websites or services and advertisements for third parties (collectively, the "Third Party Sites & Ads"). Such Third-Party Sites & Ads are not under our
control and we are not responsible for any Thirty-Party Sites & Ads. We provide these Third-Party Sites & Ads only as a convenience and are not responsible for the content, products, or services on
or available from those Third-Party Sites & Ads. You acknowledge sole responsibility for and assume all risk arising from your use of Third-Party Sites & Ads.
The inclusion of a hyperlink to Third-Party Sites & Ads does not imply aﬃliation, endorsement, or
adoption by Perfectly Kept Books, LLC of the Third-Party Sites & Ads or any
information contained therein.
PRODUCT SATISFACTION AND RETURN/REFUND POLICY
Our goal is 100% customer satisfaction and if, for any reason, you are not completely satisﬁed with your order or any of our products, please contact 214-561-9508 or firstname.lastname@example.org. For
returns and exchanges, please see the Perfectly Kept Books, LLC Return/Refund Policy available at
We have taken reasonable precautions to ensure that all product descriptions, prices, and other
Content on the Site are correct and fairly described. By placing an order on this Site, you are making an oﬀer to Perfectly Kept Books, LLC. Our acknowledgment of an order means that your order
request has been received; it does not mean that your order has been accepted or shipped or that the price or availability of an item has been conﬁrmed. We reserve the right to not accept the oﬀer
if there has been a material error in the description of the product, or if the price advertised is incorrect. All prices are displayed in United States Dollars unless expressly indicated otherwise.
If you wish to purchase any product or service made available through the Site (each such purchase, a "Transaction"), you may be asked to supply certain information relevant to your Transaction
including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN
CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant Perfectly Kept Books, LLC the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Veriﬁcation of information may be required prior to the acknowledgment or completion of any Transaction.
All purchases of physical items from Perfectly Kept Books, LLC are made pursuant to a shipment contract. This means that the risk of loss and title of such items pass to you upon our delivery to the carrier.
All descriptions, images, references, features, Content, speciﬁcations, products, and prices of products and services described or depicted on the Site are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Site does not imply or warrant that these products or services will be available.
It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws in regard to the receipt, possession, use, and sale of any item purchased from this Site. By placing an order, you represent that the products ordered will be used only in a lawful manner. We reserve the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product or service; (ii) bar any User from making or completing any or all Transaction(s); and (iii) refuse to provide any User with any product or service. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in eﬀect when such charges are incurred, including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.
ORDER AND PAYMENT INFORMATION
If you use the site or other means to purchase a product or service, payment must be received by Perfectly Kept Books, LLC prior to our acceptance of an order, unless otherwise agreed to by us in advance. All of our products are subject to sales tax, which will be applied to your order total. We may need to verify information you provide before we accept an order and may cancel or limit an order any time after it has been placed. If payment has already been made and your order is cancelled or limited, we will refund you any payment made for the product that will not be shipped due to cancellation or limitation of an order in the same tender as the original purchase. We expressly condition acceptance of your order on your agreement to these Terms.
We will add applicable shipping and handling fees to your charges, as stated in your order. We reserve the right to reject orders where the stated delivery address is outside the United States.
We are not responsible for any injury or damage that may result from the purchase of products through distributors or retailers who are not authorized distributors or retailers of our products. We are not responsible for any injury or damage that may result from products purchased past their expiration date or those that have been altered or discontinued.
DISCLAIMER OF WARRANTIES
OUR PRODUCTS, SERVICES, AND CONTENT ARE PROVIDED "AS IS," WITHOUT ANY WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
We make no warranty that the services or products available on the Site will meet your requirements or be available on an uninterrupted, secure, or error-free basis. You are solely responsible for
all of your communications and interactions with other users of the site and with other persons with whom you communicate or interact as a result of your use of the site, including any
services provided to you.
IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY
WARRANTIES RELATING TO OUR PRODUCTS, SERVICES, OR CONTENT, THESE TERMS AND YOUR USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO, FROM YOUR PURCHASE OF ANY PRODUCTS VIA THE SITE, OR FROM THE USE OF OR INABILITY TO USE THE SITE, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR PRODUCTS PURCHASED VIA THE SITE IN THE LAST TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO YOUR CLAIM OF LIABILITY. THE LIMITATIONS OF LIABILITY AND DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND Perfectly Kept Books, LLC. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
LIMITATIONS OF LIABILITY
NOTICE TO NEW JERSEY USERS: If you live in New Jersey, this section does not apply to you.
TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT NEITHER Perfectly Kept Books, LLC, OUR AFFILIATES, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR
DELIVERING PRODUCTS, SERVICES, OR CONTENT ON THE SITE WILL BE LIABLE FOR ANY CLAIMS, LOSSES, OR DAMAGES (INCLUDING, WITHOUT LIMITATION, COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES), HOWEVER CAUSED
OR UNDER ANY THEORY OF LIABILITY – EVEN OUR OWN ACTIVE OR PASSIVE NEGLIGENCE – ARISING IN CONNECTION WITH (I) THE SITE; (II) THE USE OR INABILITY TO USE THE SITE; (III) THE USE OF OR RELIANCE ON ANY CONTENT OR INFORMATION DISPLAYED IN OR ON THE SITE; (IV) THE PURCHASE OR USE OF ANY PRODUCTS OR SERVICES THROUGH THE SITE OR OTHERWISE; (V) UNAUTHORIZED ACCESS TO OR ALTERATION OR LOSS OF YOUR TRANSMISSIONS OF DATA OR OTHER INFORMATION THAT IS SENT TO OR RECEIVED BY THE SITE; (VI) ERRORS, SYSTEM DOWN TIME, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, OR SERVICE INTERRUPTIONS; OR (VII) OTHERWISE UNDER THESE TERMS, WHETHER OR NOT REASONABLY FORESEEABLE, EVEN IF WE OR OUR REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, CLAIMS, OR LOSSES, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE OF ACTION OR CLAIM WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU IN THE LAST TWELVE (12) MONTHS TO Perfectly Kept Books, LLC FOR ANY PRODUCTS OR SERVICES SUPPLIED BY US THROUGH YOUR USE OF THE SITE OR OTHERWISE.
WE WILL NOT BE LIABLE IN ANY AMOUNT FOR FAILURE TO PERFORM ANY OBLIGATION UNDER THESE TERMS IF SUCH FAILURE IS CAUSED BY THE OCCURRENCE OF ANY UNFORESEEN CONTINGENCY BEYOND OUR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET OUTAGES, COMMUNICATIONS OUTAGES, FIRE, FLOOD, OR WAR.
The terms of this section survive any termination of these Terms.
NOTICE TO NEW JERSEY USERS: If you live in New Jersey, this section does not apply to you.
Notwithstanding any of these Terms, we reserve the right, without notice and in our sole discretion, for any reason or no reason, to terminate your ability to use the Site and to block and
prevent future access to and use of the Site. You agree that we will not be liable for any termination of your use of or access to the Site.
NO THIRD-PARTY BENEFICIARIES
We and you are the only parties entitled to enforce these Terms. These Terms do not and are not intended to confer any rights or remedies upon any person other than you and Perfectly Kept Books,
LLC. Notwithstanding the foregoing, the parties agree that the payment card networks are third party beneﬁciaries of these Terms for purposes of enforcing provisions relating to payments, but
that their consent or agreement is not necessary for any changes or
modiﬁcations to these Terms. You also agree that if we assign, transfer, or sub-contract any of our rights or obligations under these Terms to any third party in writing, such third party may enforce the Terms that are assigned, transferred, or sub-contracted.
AGREEMENT TO ARBITRATE AND WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS
interpretation, or validity thereof or the use of the services or content available on or through the site (collectively, "disputes") will be settled by conﬁdential binding arbitration, except that
each party retains the right to (i) bring an individual action in small claims court; and (ii) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement,misappropriation, or violation of a party’s copyrights, trademark, trade secrets, patents, or other intellectual property rights (the action described in the foregoing
clause (ii) an "IP Protection Action"). The exclusive jurisdiction and venue of any IP Protection Action will be the state and federal courts located in Houston, Texas and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
You acknowledge and agree that both you and Perfectly Kept Books, LLC are waiving the right to a trial by jury or to participate as a plaintiﬀ or class representative or class member in any
purported class action or representative proceeding. Further, unless we both otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise
preside over any form of any class or representative proceeding. If this speciﬁc paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except
as provided in the preceding sentence, this “Dispute Resolution” section will
survive termination of these Terms.
The parties agree that (i) these Terms memorialize a transaction in interstate commerce; (ii) the Federal Arbitration Act (9 U.S.C. §§ 1, et seq.) governs the interpretation and enforcement of this
section; and (iii) this section will survive termination of these Terms.
The arbitration will be administered and governed by the Comprehensive or Expedited Arbitration Procedures of Judicial Arbitration and Mediation Services (JAMS), whichever is
appropriate and in eﬀect at the time the arbitration is initiated (the "JAMS Procedures"), which are available at
http://www.jamsadr.com or by calling 1-800-352-5267.
The parties expressly agree that JAMS may not administer any multiple claimant or class arbitration, as the parties agree that the arbitration will be limited to the resolution of individual claims only.
DISPUTE NOTICE AND ARBITRATION PROCESS
Prior to initiating an arbitration proceeding, you must ﬁrst send Perfectly Kept Books, LLC a written statement setting forth your name, address, and telephone number, the facts giving rise to the dispute, and the relief requested ("Dispute Statement"). The Dispute Statement to Perfectly Kept Books, LLC must be mailed to the attention of Misa Bacon via nationally recognized overnight courier. If we are unable to resolve your claim within thirty (30) days of receipt of the Dispute Statement, then either party that desires to initiate an arbitration must provide the other party
with a written Demand for Arbitration as speciﬁed in the JAMS Procedures.
The arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve all Disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms, including, but not limited to, any claim that all or
any part of these Terms is void or voidable. Notwithstanding this broad delegation of authority to the JAMS arbitrator, a court may determine the limited question of whether a claim or cause of action is an IP Protection
ARBITRATION LOCATION AND PROCEDURE
Unless the parties otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then (i) the arbitration will be conducted solely on
the basis of documents the parties submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary; and (ii) if there is a hearing, you may choose whether to participate in person or by telephone. If your claim exceeds $10,000, your right to a hearing will be determined by the JAMS Procedures.
Subject to the JAMS Procedures, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The arbitrator's decision will include the essential ﬁndings and conclusions of law upon which the arbitrator based the award. Judgment on the arbitration may be entered in any court having
competent jurisdiction thereof. The arbitrator's award of damages must be consistent with the terms of the "Disclaimer of Warranties," and "Limitations of Liability" sections above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory and injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. If you prevail in arbitration you will be entitled to an award of attorneys' fees and expenses, to the extent provided under
applicable law. Perfectly Kept Books, LLC will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys' fees and expenses if it prevails in arbitration.
TIME LIMIT FOR RESOLVING DISPUTES
The parties agree that any cause of action either may have with respect to the Site or our products, services, and Content must be commenced within one (1) year after the Dispute arises,
notwithstanding any statutes of limitations to the contrary. Many states' laws set statutes of limitations that are longer than one (1) year. If you live in a state that has statutes of limitations that are longer than one (1) year, by agreeing to these Terms, you are agreeing to
shorten the time you have to bring a claim. This means that if you wait longer than one (1) year to initiate arbitration under this section, you will lose some or all rights you may have to any recovery, including the right to recover damages, in connection with a Dispute.
NOTICE TO NEW JERSEY USERS: If you live in New Jersey, your agreement
to this provision shortens
the time within which you may bring a Dispute.
The terms of this Dispute Resolution section survive any termination of these Terms. Right to opt-out or reject future changes to dispute resolution section
You may elect to opt-out (exclude yourself) from the ﬁnal, binding, individual arbitration
procedure or waiver of class and representative proceedings speciﬁed in this section by sending a
written letter via nationally recognized overnight courier to the attention of Misa Bacon within thirty (30) days of your ﬁrst visit to and use of the Site that speciﬁes your (i) name; (ii) mailing address; and (iii) request to be excluded from the ﬁnal, binding, individual arbitration
procedure or waiver of class and representative proceedings speciﬁed in
this section. In the event you opt-out consistent with the procedure set forth above, all other terms and conditions of these Terms will continue to apply. If you do not so opt-out, then the terms of this section will apply.
LLC changes this "Dispute Resolution" section after the date you ﬁrst accepted these Terms (or accepted subsequent changes to the Terms), you may reject any such change by sending Perfectly Kept Books, LLC written notice to the attention Misa Bacon within thirty (30) days of the date such change became eﬀective, as indicated in the "Last Updated" date above. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and
Perfectly Kept Books, LLC in accordance with the provisions of this "Dispute Resolution" section as of the date you ﬁrst accepted these Terms (or accepted any subsequent changes to these
These Terms constitute the entire and exclusive understanding and agreement between Perfectly Kept Books, LLC and you regarding the Site, Content, products, and services that may
be provided on the Site, and these Terms supersede and replace any and all prior oral or written understandings or
agreements between you and Perfectly Kept Books, LLC regarding the Content, products, or services provided on the Site. If, for any reason, a court of competent jurisdiction ﬁnds any provision of these Terms invalid or unenforceable, that provision will be enforced to the
maximum extent permissible and the other provisions of these Terms will remain in full force and eﬀect.
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be
null and of no eﬀect. We may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the beneﬁt of the parties, their successors, and permitted assigns.
Any notices or other communications provided by Perfectly Kept Books, LLC under these Terms, including those regarding modiﬁcations to these Terms, will be given by posting to the Site.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be eﬀective only if in writing and
signed by a duly authorized
representative of Perfectly Kept Books, LLC. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Nothing in these Terms will be construed as creating a joint venture, partnership, employment, or agency relationship between you and Perfectly Kept Books, LLC, and you do not have any authority to create any obligation on our behalf.
Perfectly Kept Books, LLC
539 W. Commerce St. #3829, Dallas, TX 75208
Empowering Bookkeeping Services
Copyright © 2020 Perfectly Kept Books, LLC - All Rights Reserved
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Based in Texas and serving clients across the U.S.