Terms of Use
Thank you for selecting the Services offered by pentacodes and/or its sister concerns, subsidiaries and affiliates (referred to as “we”, “our”, or “us”). Review these Terms of Use (“Agreement”) thoroughly. This Agreement is a legal agreement between you and Spotcast. By accepting electronically (for example, clicking “I Agree”), installing, accessing or using the Services, you agree to these terms. If you do not agree to this Agreement, then you may not use the Services.
This Agreement describes the terms governing your use of the Spotcast services and products provided to you on this website, including content, updates and new releases, (collectively, the “Services”). It includes by reference:
For services offered on a payment or subscription basis, the following terms apply if you are the User paying for the services, unless Spotcast or its third party affiliate notifies you otherwise in writing. This agreement also incorporates by reference and includes program ordering and payment terms provided to you on the website for the services:
Spotcast provides bookkeeping/accounting/tax/payroll services through its own developed methodologies and use various accounting software applications. Spotcast bills for bookkeeping/accounting/tax/payroll services after the service is delivered and all payments are subject to our refund and returns policy provided on this website.
All products shown on our websites are subject to availability. While we plan for sufficient quantities, extraordinary demand may limit our ability to immediately fill your order. In the event that a product you have ordered is temporarily out of stock, we will promptly inform you of the earliest date that you may expect to receive your complete order. Back ordered items can be exchanged for an in stock item or canceled for a full refund. We cannot be held liable for any typographical or pictorial errors that may occur on this website.
Spotcast maintains this internet website. Reproduction or modification of any information contained in this site is prohibited without the express written consent of Spotcast. Spotcast makes no representations that the information contained in this site is appropriate, available or permissible for use in all locations.
Spotcast reserves the right to change, modify and/or withdraw the information, products or services in this site at any time without notice.
In all circumstances Spotcast maximum liability is limited to the purchase price of the products sold. Spotcast shall not, under any circumstances, be liable upon a claim or actions in contract, tort, indemnity or contribution, or other claims related to the products it sells which exceeds this liability limit. Spotcast shall not be liable for third party claims for damages against the customer, or for malfunction, delays, interruption of service, loss of business, loss or damage to exemplary damages, whether or not Spotcast is apprised of the possibility of such claims or damages.
Any dispute arising out of or related to these Terms and Conditions or the sales transaction between Spotcast and Customer shall be governed by the laws of the State of Delaware, without regard to its conflicts of law rules. Specifically, the validity, interpretation, and performance of this agreement shall not be governed by the United Nations Convention on the International Sale of Goods. Spotcast and Customer consent to the exclusive jurisdiction and the venue of the State Courts of the State of Delaware, New Castle County, to resolve any dispute between them related hereto, and the parties waive all rights to contest this exclusive jurisdiction and venue of such Courts. Finally, the Customer also agrees not to bring any legal action, based upon any legal theory including contract, tort, equity or otherwise, against Spotcast that is more than one year after the date of the applicable invoice.
Member agrees to indemnify and hold Spotcast, its parents, subsidiaries, affiliates, officers and employees, agents, and contractors harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Services, the violation of this Agreement, or infringement by Member, or other user of the Services using Member’s computer, of any intellectual property or any other right of any person or entity.
Our website may include links to other sites on the Internet that are owned and operated by other third parties. Member acknowledges that Spotcast is not responsible for the availability of, or the content located on or through, any third-party site and Member hereby releases Spotcast of any liability regarding such third party sites and their services. Member should contact the site administrator or webmaster for those third-party sites if Member has any concerns regarding such links or the content located on such sites. Member’s use of those third-party sites is subject to the terms of use and privacy policies of each site, and Spotcast is not responsible therein. We encourage all Members to review said privacy policies of third-parties’ sites.
All group Subscription Members are responsible for all usage or activity of the Services by seat license users, including but not limited to their activities under the license and using a password if one is provided, including but not limited to use of your password by any third party.
Further, if Subscription Member is accessing the Services via the Spotcast website, Member acknowledges that like any web application, the Spotcast website may be susceptible to security breaches. It is the Member’s responsibility to ensure that the computers using the Services are in a secure environment with appropriate firewalls, database encryption, virus protection, and security patches in place. Spotcast is not liable for any loss of data or any other damages from security breaches, denial of service or other hacker attacks.
The failure of either party to require performance by the other party of any provision of this agreement shall not affect in any way the first party’s right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision in this agreement shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.
If any provision contained in this agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of this agreement, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable Texas law.
These terms and conditions, together with the Spotcast invoice respecting the products ordered by Customer, are the complete and exclusive agreement between Spotcast and Customer, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between Spotcast and Customer relating to the subject products. This agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage.
All content included or available on the Spotcast website including videos, test materials, design, text, graphics, interfaces, and the selection and arrangements thereof is with all rights reserved, or is the property of Spotcast and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than that included in the License above, modification, distribution, derivative works, display, performance, copying or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Spotcast, is strictly prohibited. Member agrees he/she will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Spotcast.
The logo and trademarks of Spotcast are owned exclusively by Spotcast & its associates/sister concern. All other trademarks displayed on Spotcast website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Spotcast. No license is granted herein for use of any service mark, trademark and/or trade dress of Spotcast and/or owner.
We reserve the right to limit quantities and to reject orders at our discretion.
Some State Laws require Spotcast to charge state sales tax to orders shipping to addresses in particular states.