Effective: February 7, 2022
Your Stuff & Your Permissions
When you use our Services, you provide us with things like your files, content, messages, contacts, and so on ("Your Stuff"). Your Stuff is yours. These Terms don’t give us any rights to Your Stuff except for the limited rights that enable us to offer the Services.
We need your permission to do things like hosting Your Stuff, backing it up, and sharing it when you ask us to. Our Services also provide you with features like eSign, file sharing, email newsletters, appointment setting and more. These and other features may require our systems to access, store, and scan Your Stuff. You give us permission to do those things, and this permission extends to our affiliates and trusted third parties we work with.
Sharing Your Stuff
Our Services let you share Your Stuff with others, so please think carefully about what you share.
You’re responsible for your conduct. Your Stuff and you must comply with applicable laws. Content in the Services may be protected by others’ intellectual property rights. Please don’t copy, upload, download, or share content unless you have the right to do so. We may review your conduct and content for compliance with these Terms. With that said, we have no obligation to do so. We aren’t responsible for the content people post and share via the Services.
Help us keep you informed and Your Stuff protected. Safeguard your password to the Services, and keep your account information current. Don’t share your account credentials or give others access to your account.
You may use our Services only as permitted by applicable law, including export control laws and regulations. Finally, to use our Services, you must be at least 13, or in some cases, even older. If you live in France, Germany, or the Netherlands, you must be at least 16. Please check your local law for the age of digital consent. If you don’t meet these age requirements, you may not use the Services.
Some of our Services allow you to download client software (“Software”) which may update automatically. So long as you comply with these Terms, we give you a limited, nonexclusive, nontransferable, revocable license to use the Software, solely to access the Services. To the extent any component of the Software may be offered under an open source license, we’ll make that license available to you and the provisions of that license may expressly override some of these Terms. Unless the following restrictions are prohibited by law, you agree not to reverse engineer or decompile the Services, attempt to do so, or assist anyone in doing so.
We sometimes release products and features that we are still testing and evaluating. Those Services have been marked beta, preview, early access, or evaluation (or with words or phrases with similar meanings) and may not be as reliable as other non-beta services, so please keep that in mind.
The Services are protected by copyright, trademark, and other US and foreign laws. These Terms don’t grant you any right, title, or interest in the Services, others’ content in the Services, CountingWorks and our trademarks, logos and other brand features. We welcome feedback, but note that we may use comments or suggestions without any obligation to you.
We respect the intellectual property of others and ask that you do too. We respond to notices of alleged copyright infringement if they comply with the law, and such notices should be reported to legal@CountingWorks.com. We reserve the right to delete or disable content alleged to be infringing and terminate accounts of repeat infringers. Our designated agent for notice of alleged copyright infringement on the Services is:
You’re free to stop using our Services at any time. We reserve the right to suspend or terminate your access to the Services with notice to you if:
We won’t provide notice before termination where:
Discontinuation of Services
We may decide to discontinue the Services in response to unforeseen circumstances beyond CountingWorks control or to comply with a legal requirement. If we do so, we’ll give you reasonable prior notice so that you can export Your Stuff from our systems.
Services “AS IS”
We strive to provide great Services, but there are certain things that we can't guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, CountingWorks AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED "AS IS." WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Some places don’t allow the disclaimers in this paragraph, so they may not apply to you.
Limitation of Liability
WE DON’T EXCLUDE OR LIMIT OUR LIABILITY TO YOU WHERE IT WOULD BE ILLEGAL TO DO SO—THIS INCLUDES ANY LIABILITY FOR CountingWorks OR ITS AFFILIATES’ FRAUD OR FRAUDULENT MISREPRESENTATION IN PROVIDING THE SERVICES. IN COUNTRIES WHERE THE FOLLOWING TYPES OF EXCLUSIONS AREN’T ALLOWED, WE'RE RESPONSIBLE TO YOU ONLY FOR LOSSES AND DAMAGES THAT ARE A REASONABLY FORESEEABLE RESULT OF OUR FAILURE TO USE REASONABLE CARE AND SKILL OR OUR BREACH OF OUR CONTRACT WITH YOU. THIS PARAGRAPH DOESN’T AFFECT CONSUMER RIGHTS THAT CAN'T BE WAIVED OR LIMITED BY ANY CONTRACT OR AGREEMENT.
IN COUNTRIES WHERE EXCLUSIONS OR LIMITATIONS OF LIABILITY ARE ALLOWED, CountingWorks, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS WON’T BE LIABLE FOR:
THESE EXCLUSIONS OR LIMITATIONS WILL APPLY REGARDLESS OF WHETHER OR NOT CountingWorks OR ANY OF ITS AFFILIATES HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU USE THE SERVICES FOR ANY COMMERCIAL, BUSINESS, OR RE-SALE PURPOSE, CountingWorks, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS WILL HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY. CountingWorks AND ITS AFFILIATES AREN’T RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES.
Let’s Try To Sort Things Out First. We want to address your concerns without needing a formal legal case. Before filing a claim against CountingWorks or our affiliates, you agree to try to resolve the dispute informally by contacting legal@CountingWorks.com. We’ll try to resolve the dispute informally by contacting you via email.
Judicial forum for disputes. You and CountingWorks agree that any judicial proceeding to resolve claims relating to these Terms or the Services will be brought in the federal or state courts of Orange County, California, subject to the mandatory arbitration provisions below. Both you and CountingWorks consent to venue and personal jurisdiction in such courts. If you reside in a country (for example, European Union member states) with laws that give consumers the right to bring disputes in their local courts, this paragraph doesn’t affect those requirements.
IF YOU’RE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:
These Terms will be governed by California law except for its conflicts of laws principles. However, some countries (including those in the European Union) have laws that require agreements to be governed by the local laws of the consumer's country. This paragraph doesn’t override those laws.
These Terms constitute the entire agreement between you and CountingWorks with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights.
Waiver, Severability & Assignment
CountingWorks failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. CountingWorks may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
We may revise these Terms from time to time to better reflect:
If an update affects your use of the Services or your legal rights as a user of our Services, we’ll notify you prior to the update's effective date by sending an email to the email address associated with your account or via an in-product notification. These updated terms will be effective no less than 30 days from when we notify you.
If you don’t agree to the updates we make, please cancel your account before they become effective. By continuing to use or access the Services after the updates come into effect, you agree to be bound by the revised Terms.
Effective: February 7, 2022
Thanks for visiting our website. Our mission is to create a web based experience that makes it easier for us to work together. Here we describe how we collect, use, and handle your personal information when you use our websites, software, and services (“Services”).
What & Why
We collect and use the following information to provide, improve, and protect our Services:
Account information. We collect, and associate with your account, the information you provide to us when you do things such as sign up for your account, opt-in to our client newsletter or request an appointment (like your name, email address, phone number, and physical address). Some of our Services let you access your accounts and your information via other service providers.
Your Stuff. Our Services are designed to make it simple for you to store your files, documents, comments, messages, and so on (“Your Stuff”), collaborate with others, and work across multiple devices. To make that possible, we store, process, and transmit Your Stuff as well as information related to it. This related information includes your profile information that makes it easier to collaborate and share Your Stuff with others, as well as things like the size of the file, the time it was uploaded, collaborators, and usage activity. Our Services provide you with different options for sharing Your Stuff.
Contacts. You may choose to give us access to your contacts (spouse or other company staff) to make it easy for you to do things like share and collaborate on Your Stuff, send messages, and invite others to use the Services. If you do, we’ll store those contacts on our servers for you to use.
Usage information. We collect information related to how you use the Services, including actions you take in your account (like sharing, viewing, and moving files or folders). We use this information to improve our Services, develop new services and features, and protect our users.
Cookies and other technologies. We use technologies like cookies to provide, improve, protect, and promote our Services. For example, cookies help us with things like remembering your username for your next visit, understanding how you are interacting with our Services, and improving them based on that information. You can set your browser to not accept cookies, but this may limit your ability to use the Services.
Marketing. We give users the option to use some of our Services free of charge. These free Services are made possible by the fact that some users upgrade to one of our paid Services. If you register for our free Services, we will, from time to time, send you information about the firm or tax and accounting tips when permissible. Users who receive these marketing materials can opt out at any time. If you do not want to receive marketing materials from us, simply click the ‘unsubscribe’ link in any email.
We sometimes contact people who do not have an account. For recipients in the EU, we or a third party will obtain consent before contacting you. If you receive an email and no longer wish to be contacted by us, you can unsubscribe and remove yourself from our contact list via the message itself.
Bases for processing your data. We collect and use the personal data described above in order to provide you with the Services in a reliable and secure manner. We also collect and use personal data for our legitimate business needs. To the extent we process your personal data for other purposes, we ask for your consent in advance or require that our partners obtain such consent.
We may share information as discussed below, but we won’t sell it to advertisers or other third parties.
Other users. Our Services display information like your name, profile picture, device, and email address to other users in places like your user profile and sharing notifications. You can also share Your Stuff with other users if you choose. When you register your account with an email address on a domain owned by your employer or organization, we may help collaborators and administrators find you and your workspace by making some of your basic information—like your name, workspace name, profile picture, and email address—visible to other users on the same domain. This helps you sync up with workspaces you can join and helps other users share files and folders with you. Certain features let you make additional information available to others.
Workspace Admins. If you are a user of a workspace, your administrator may have the ability to access and control your workspace account. Please refer to your organization’s internal policies if you have questions about this. If you are not a workspace user but interact with a workspace user (by, for example, joining a shared folder or accessing stuff shared by that user), members of that organization may be able to view the name, email address, profile picture, and IP address that was associated with your account at the time of that interaction.
Law & Order and the Public Interest. We may disclose your information to third parties if we determine that such disclosure is reasonably necessary to: (a) comply with any applicable law, regulation, legal process, or appropriate government request; (b) protect any person from death or serious bodily injury; (c) prevent fraud or abuse of our platform or our users; (d) protect our rights, property, safety, or interest; or (e) perform a task carried out in the public interest.
Stewardship of your data is critical to us and a responsibility that we embrace. We believe that your data should receive the same legal protections regardless of whether it’s stored on our Services or on your home computer’s hard drive. We’ll abide by Government Request Policies when receiving, scrutinizing, and responding to government requests (including national security requests) for your data:
Security. We have a team dedicated to keeping your information secure and testing for vulnerabilities. We also continue to work on features to keep your information safe in addition to things like blocking repeated login attempts, encryption of files at rest, and alerts when new devices and apps are linked to your account. We deploy automated technologies to detect abusive behavior and content that may harm our Services, you, or other users.
User Controls. You can access, amend, download, and delete your personal information by logging into your account.
Retention. When you sign up for an account with us, we’ll retain information you store on our Services for as long as your account is in existence or as long as we need it to provide you the Services. If you delete your account, we will initiate deletion of this information after 30 days. But please note: (1) there might be some latency in deleting this information from our servers and back-up storage; and (2) we may retain this information if necessary to comply with our legal obligations, resolve disputes, or enforce our agreements.
Around the world. To provide you with the Services, we may store, process, and transmit information in the United States and locations around the world—including those outside your country. Information may also be stored locally on the devices you use to access the Services.
EU-U.S. Privacy Shield and Swiss-U.S. Privacy Shield. When transferring data from the European Union, the European Economic Area, and Switzerland, We rely upon a variety of legal mechanisms, including contracts with our customers and affiliates. We comply with the EU-U.S. and Swiss–U.S. Privacy Shield Frameworks as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union, the European Economic Area, and Switzerland to the United States.
We are subject to oversight by the U.S. Federal Trade Commission. JAMS is the US-based independent organization responsible for reviewing and resolving complaints about our Privacy Shield compliance—free of charge to you. We ask that you first submit any such complaints directly to us via privacy@CountingWorks.com. If you aren’t satisfied with our response, please contact JAMS at https://www.jamsadr.com/eu-us-privacy-shield. In the event your concern still isn’t addressed by JAMS, you may be entitled to a binding arbitration under Privacy Shield and its principles.
If we are involved in a reorganization, merger, acquisition, or sale of our assets, your information may be transferred as part of that deal.
Your Right to Control and Access Your Information
You have control over your personal information and how it is collected, used, and shared. For example, you have a right to:
Your personal information is controlled by CountingWorks, Inc. Have questions or concerns about CountingWorks, our Services, and privacy? Contact our Data Protection Officer at privacy@CountingWorks.com. If they can’t answer your question, you have the right to contact your local data protection supervisory authority.
Third Party Vendors
Amazon Web Services
Updated: June 2020.
strives to ensure that its services are accessible to people with disabilities. has invested a significant amount of resources to help ensure that its website is made easier to use and more accessible for people with disabilities, with the strong belief that every person has the right to live with dignity, equality, comfort and independence.
makes available the UserWay Website Accessibility Widget that is powered by a dedicated accessibility server. The software allows us to improve its compliance with the Web Content Accessibility Guidelines (WCAG 2.1).
Enabling the Accessibility Menu
The accessibility menu can be enabled either by hitting the tab key when the page first loads or by clicking the accessibility menu icon that appears on the corner of the page. After triggering the accessibility menu, please wait a moment for the accessibility menu to load in its entirety.
continues its efforts to constantly improve the accessibility of its site and services in the belief that it is our collective moral obligation to allow seamless, accessible and unhindered use also for those of us with disabilities.
In an ongoing effort to continually improve and remediate accessibility issues, we also regularly scan with UserWay's Accessibility Scanner to identify and fix every possible accessibility barrier on our site. Despite our efforts to make all pages and content on fully accessible, some content may not have yet been fully adapted to the strictest accessibility standards. This may be a result of not having found or identified the most appropriate technological solution.
Here For You
If you are experiencing difficulty with any content on or require assistance with any part of our site, please contact us during normal business hours as detailed below and we will be happy to assist.
If you wish to report an accessibility issue, have any questions or need assistance, please contact customer support.
When we’re young and vibrant, we think that we’ll never grow old. We enjoy each day never thinking there might come a day when we’ll need help to get by. When we think of elder care, we might picture a nonagenarian in a wheelchair living in a nursing home telling stories to the compassionate caregiver sitting by her side. In truth, there is far more to the story than that.
Elder care planning has never been more important or more challenging than it is today. While generations once lived together in the family home for life, the empty nest dominates today’s world. Parents whose children have flown the coop to create their own households remain in their homes or move to a place where the sun shines 300 days a year. Many move to be close to their grandchildren but establish their own living space. Most enjoy their newfound freedom from the busy-ness of youth but it can eventually create challenges for them and their families.
As long as the happy seniors enjoy good health and have planned well for their financial future, everyone can live happily, doing whatever they’ve decided to do with their time. It’s when the senior reaches the point where they can no longer care for themselves that the challenges can begin to mount. This is when the family will know whether they’ve planned well or there are gaps in their elder care plan.
As is often the case with planning, money is a key element in an elder care plan. Deciding who will provide the care is important but this can only be decided once the available funding is clear. There are many factors to consider when deciding how much you need in order to retire and not worry about elder care costs. Some advisers suggest that you should save 10 times your annual income by the time you reach 67. Others say you need $1.8 million to your name by age 65 in order to fund a happy retirement. The right number for you depends on the life you plan to lead in retirement and where you stand when you start to plan. It also involves a clear understanding of the cost of your post-retirement housing, food, clothing, insurance, healthcare, dental and vision care, travel, and a potentially long list of other expenses.
When care becomes necessary, you will probably no longer be able to earn a living so your elder care plan needs to cover your living expenses at a minimum. It also has to consider the possibility that long-term care may eventually be required. There are several ways to prepare for this need.
Retirement accounts – An excellent way to prepare for elder care is to prepare for retirement. Pensions, 401(k)s, IRAs, HSAs, annuities, and other accounts can provide a foundation that you can draw on when you decide it’s time to stop working. How much you need depends on your lifestyle and location. It takes a lot less money to live in Knoxville, Tennessee than San Francisco, California. It takes a lot less money to take long walks by the lake than it does to play 18 holes of golf at Pebble Beach.
Keep in mind that the benefit of these accounts is not limited to the golden years. Some people want the YOLO lifestyle and to retire at 40. Others love what they do and can’t imagine retiring even into their 80s and 90s. Needless to say, a 40-year-old retiree needs a much larger financial cache to cover his lifetime of expenses than an 80-year-old does assuming the same life span.
Other Investments – Some people own rental properties and others develop small businesses. Whether they are held for regular income or sold prior to retirement, other investments can help fund a person’s needs later in life.
Social Security – If you’ve paid into the system for enough quarters, you can apply for Social Security benefits anytime between the ages of 62 and 70. The monthly payment will generally be 25-30% less at age 62 than it would be if you wait until your Full Retirement Age (FRA). People born prior to or during 1956 reached their FRA by April 2023. Those born in 1957 have an FRA of 66 ½ years. The FRA increases by 2 months every year for people born between 1958 and 1960.
Those born in 1958 have an FRA of 66 years, 8 months. Those born in 1959 have an FRA of 66 years, 10 months. Those born in 1960 and thereafter have an FRA of 67. If you wait to collect until after you reach your FRA, your monthly payments will increase by 8% for every year you wait until you reach 70. There is no benefit for waiting to file for Social Security until after your 70thbirthday. In any event, your benefit or expected benefit will increase each year by a cost-of-living adjustment that the Social Security administration announces each October. Note that your benefit is based on your highest 35 years of earnings. Thus, your benefit can increase if you continue to work after qualifying and/or filing for Social Security and you either didn’t already have 35 years of qualified earnings or you earned more in the current year than you earned in the 35thlowest of your prior years’ earnings. If you continue to work after you file for benefits but before you reach your FRA, the benefits you receive can be reduced depending on the level of your earnings. Once you reach your FRA, you can earn as much as you want without decreasing your Social Security benefit. As we hear in the news regularly, all of this is subject to change. Keep up-to-date on any changes that are made to Social Security to understand how the changes might affect you.
Medicare – Medicare coverage starts at age 65 unless a qualifying disability occurs at a younger age or you have creditable employer-provided coverage. Medicare has several parts. Part A is hospital coverage and premium-free if you worked enough quarters to qualify. Part B is outpatient coverage that has a monthly premium. For 2023, the standard Part B premium is $164.90. Dental and vision services are generally not covered by Medicare Parts A and B unless related to a covered health need. Also, Parts A and B do not cover all medical expenses so most people apply for a Medicare Advantage or Medicare Supplement plan. Some Medicare Advantage and Medicare Supplement plans include limited dental and vision coverage and others do not so it’s important to select these plans wisely. Medicare Advantage plans generally include prescription drug coverage. Medicare Part D plans are available to Medicare Supplement owners to help cover the cost of their prescriptions.
Long-term care (LTC) insurance. As discussed below, LTC insurance plans help cover the cost of certain long-term care. If you decide to obtain LTC insurance, the sooner you apply for it the better. Premiums partly depend on your age and, once a person has a serious health event, this option may no longer be available or may be available at higher prices. Some people think that it is better to regularly deposit the premium amount into an income-earning account rather than applying for LTC insurance. They believe that they can save enough over time to cover their LTC costs. This theory does not account for the fact that LTC needs can arise at any time. If you have LTC insurance, you can obtain benefits for a qualifying need after the contract’s initial waiting period has passed. Thus, LTC insurance is not only useful in elder care planning. It can help at any time in life. Further, premiums for tax-qualified LTC policies can be deducted as medical expenses. The cost of LTC insurance can be prohibitive, however, so it’s important to determine whether you can afford the premiums on an ongoing basis before you apply for it. You should also weigh the cost of LTC insurance against the risk of needing long-term care to decide if it’s right for you.
Medicaid may be there if you run out of resources. Nobody wants to rely on Medicaid and it can impact your estate plan if you become subject to its estate recovery rules. Qualifying for Medicaid can be complicated and your choice of caregivers will be limited. This article won’t go into the specifics of Medicaid since it is generally an option of last resort.
Since it’s been said that nearly 70% of 65-year-olds will eventually need long-term care services or support, we’ll go a little further into how LTC insurance policies work. Note that women are said to typically need this type of care for an average of 3.7 years of their lives, while men average 2.2 years.
Under most LTC policies, there are two ways to qualify for benefits. The first is when you can’t do at least two out of six “Activities of Daily Living” (ADLs) on your own. The second is when you suffer from dementia or some other cognitive impairment. You only need to qualify under one of these tests to receive LTC insurance benefits but each of them requires a doctor’s statement to support the claim.
The six ADRs are:
Bathing – The ability to clean and groom yourself.
Dressing – The ability to dress yourself including using buttons and zippers.
Eating – The ability to feed yourself.
Toileting – The ability to get on or off the toilet.
Continence – The ability to control your bladder and bowel functions.
Transferring – The ability to walk or get yourself in or out of a bed or a chair to a wheelchair.
To allow you to get the most appropriate assistance for your situation, LTC policies allow these services to be provided in:
A nursing home,
An assisted living facility, or
An adult day care center.
There are many ways to plan for the need for elder care and many ways to obtain that care. It’s best if you start planning as soon as possible so you can build a solid nest egg you can rely on over time. The worst time to consider how you’re going to obtain and pay for elder care is the day that you discover that you need it.
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