Terms And Conditions
If you have any questions regarding this Agreement, please contact email@example.com. This Agreement was last revised on August 15, 2015.
1. Site Access
A. License Grant. Subject to the payment of the applicable fees, if any, eTaxDesk grants you a limited license to access and use the Site and Services for personal or internal business purposes only, and makes no representation that the Site, or Services are appropriate or available for use at locations outside the United States. Access to the Site from territories where the Site or Services are illegal is prohibited. The Site is intended for users in the United States only. If you access the Site from a location outside the United States, you are responsible for compliance with all local laws. In order to register as an Advisor or Company via the Site, you acknowledge and agree that you are eighteen (18) years of age or older or have the express permission of a parent or legal guardian. You shall be solely responsible for the hardware, interconnections and telecommunication services required to access the Services.
B. License Restrictions. eTaxDesk reserves any rights not expressly granted herein. You may not: (a) copy the Services or any software or programming related thereto; (b) modify, translate, reverse engineer, decompile, disassemble or create derivative works based upon the Services or any software or programming related thereto; (c) rent, lease, transfer, resell and/or or otherwise transfer rights to the Services; or (d) delete or write over any portion of any software relating in any manner to the Services. You agree that you shall only use the Services in a manner that complies with all applicable laws in the jurisdictions in which you use the Services, and that you shall not violate or infringe the rights of any third party. You also agree that you will only access the Site and the Services using the interface provided and that you will not use the Site to offer services other than those specified on the Site or use the Site or Services for purposes other than those specified. Any such forbidden use shall immediately and automatically terminate your license to use the Services without notice.
2. Account Creation and Security
C. Advisory Firm Account. In the case of an Advisory Firm Account with multiple Advisors, an account profile must be created for each Advisor up to the number of Advisors allowed under your Membership Plan. An individual Advisor account shall not be used for more than one Advisor. You may also grant certain account administration privileges to one or more Advisors with account administration privileges (each an “Administrator”) for your Advisory Firm Account. Only an Administrator can add or remove Advisors from the Advisory Firm Account. The Advisory Firm and individual Advisor will be jointly and severally liable for all activity under the relevant Advisor Account.
3. User Contributions
A. Interactive Services. The Site provides registered users with interactive services and functionality so that they may post, submit, publish, upload or transmit content, materials and information (“User Contributions”) via the Site in order to create an Advisor Profile, post a Project or RFP, correspond with Advisors or Companies, or participate in the iAccounton Blog.
C. License Grant to eTaxDesk. You retain all ownership rights in your User Contributions. To the extent permitted by applicable law, you grant to eTaxDesk a royalty free, sublicensable, transferable, perpetual, irrevocable, nonexclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Contributions and your name, voice, and/or likeness as contained in your User Contributions, in whole or in part, and in any form, media, or technology, whether now known or hereafter developed, for use in connection with the Site and Services, including, without limitation, for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels.
All charges shall be at the then current prices. Upon registering as an Advisor or Company, you hereby authorize eTaxDesk to charge your credit or debit card to pay for any charges that may apply to your account as they accrue and to store your credit card details as your method of payment. You must notify eTaxDesk of any changes to your credit card account (including, without limitation, applicable account number or cancellation or expiration of the account), your billing address, or any information that may prohibit eTaxDesk from charging your account. Failure to make any payment as set forth herein shall be deemed to be a material breach of this Agreement and shall be sufficient cause for the immediate suspension or termination of your account by eTaxDesk. In the event of collection enforcement, you will be liable for any costs associated with such collection, including, without limitation, reasonable attorneys' fees, court costs and collection agency fees. All charges shall be exclusive of any applicable taxes. You are responsible for the payment of all federal, state, and local sales, use, value added, excise, duty and any other taxes assesses, other than taxes based on eTaxDesk's net income.
5. Intellectual Property Rights
A. Reservation of Rights. All site content, including, without limitation, text, photos, images, graphics, audio and video clips, logos and other files (collectively the “Content”) and the selection and arrangement thereof are protected by United States and international copyright, trademark, patent and/or other intellectual property laws. Except as expressly provided for in this Agreement, eTaxDesk and/or its licensors retain any and all right, title and interest in and to the Content. You may not copy, modify, translate, publish, perform, broadcast, transmit, download, distribute, display, prepare derivative works of, sell or otherwise exploit any Content appearing on or through the Site for public or commercial purposes without our prior written consent and that of our licensors or suppliers if relevant. You agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Site or to remove or alter any proprietary notices, labels, or trademarks within the Content or in the Site. You shall not “mirror” or “frame” any material contained on this Site on any other server without prior written permission from eTaxDesk.
B. Proprietary Rights. The Services, including, without limitation, any of eTaxDesk’s and/or or its licensors’ Internet operations, design, content, hardware designs, algorithms, software (in source and object forms), user interface designs, other templates and designs, algorithms, architecture, class libraries, and documentation (both printed and electronic), know-how, good will, moral rights, trade secrets and any related intellectual property rights throughout the world, and any derivative works, improvements, modifications, enhancements or extensions thereof shall remain the sole and exclusive property of eTaxDesk and/or its licensors, and you shall have no interest in them whatsoever.
C. Trademarks. iAccounton and the iAccounton logo are trademarks of eTaxDesk. All other trademarks are the property of their respective owners. You are not permitted to use any trademark displayed on the Site without the prior written consent of eTaxDesk or the owner of such trademark. The design, layout or look and feel of the Site and Content are protected by trademark, trade dress, unfair competition and other laws and may not be copied or imitated in whole or in part.
D. User Feedback. While eTaxDesk may provide you with an opportunity to provide comments or ask questions regarding the Services, we do not want nor do we solicit confidential or proprietary information from you. Any unsolicited information you provide, including but not limited to feedback, suggestions, data, or plans or ideas for products or services, shall be deemed non-proprietary and non-confidential and eTaxDesk shall have no obligation to protect such information from further disclosure or distribution. By providing us with such information, you are granting us an unrestricted and irrevocable right to reproduce, use, publish, broadcast, disclose, display, perform, modify, transmit, distribute or otherwise use and exploit the information without restriction and without compensation.
6. Acceptable Use Policy
A. Generally. While using the Site, you agree to comply with all applicable laws, rules and regulations and agree not to engage in unacceptable use of the Site. You shall be responsible for determining what laws or regulations are applicable to your use of the Site and the Services. In addition, you may only use the Site and Services in a manner that, in eTaxDesk’s sole judgment, is consistent with the purposes of the Site or the Services. You shall not post, transmit, e-mail, re-transmit or store material on or through any of the Interactive Services provided by eTaxDesk which, in the sole judgment of eTaxDesk: (i) is in violation of any local, state, federal or non-United States law or regulation, (ii) is threatening, obscene, indecent, defamatory or that otherwise could adversely affect any individual, group or entity (collectively, "Persons") or (iii) violates the rights of any person, including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations. You further agree not to (i) interfere with or disrupt any other user’s quiet enjoyment of the Site; or (ii) interfere with or disrupt or attempt to interfere with or disrupt the security of the Site or otherwise cause harm to the Site or its servers.
B. User Conduct. You are solely responsible for the contents of your transmissions through the Services. Your use of the Services is subject to all applicable local, state, national and international laws and regulations. Subject to the restrictions in Section 6 hereof:
• Your computer may temporarily store copies of materials from the Site in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication or distribution.
• If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
• If we provide social media features with certain Content, you shall take such actions as are enabled by such features to protect our rights in such Content.
You must not:
• Modify copies of any materials from this site or use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this Site.
• Access or use for any commercial purposes any part of the Site or Content available through the Site.
C. Prohibited Uses.
· In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
· For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
· To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
· To impersonate or attempt to impersonate eTaxDesk, an eTaxDesk employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
Additionally, you agree not to:
· Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Site, including their ability to engage in real time activities through the Site.
· Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent.
· Use any device, software or routine that interferes with the proper working of the Site.
· Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
· Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.
· Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
· Otherwise attempt to interfere with the proper working of the Site.
7. Availability; Services Updates
A. Availability. eTaxDesk makes reasonable efforts to ensure that the Site is available 24 hours a day 7 days a week. You agree that from time to time the Site or portions thereof may be inoperable or inaccessible for any reason, including, without limitation, (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs; or (iii) causes beyond the control of eTaxDesk or which are not reasonably foreseeable. Some Content may have been created in file formats which are not error-free and we do not guarantee that the Site will not be affected by such errors. You are responsible for all costs and charges that you may incur in order to access and use the Site and the Services, including data charges. You are responsible for ensuring that you sufficient equipment, Internet access and bandwidth to properly access and use the Site and the Services.
B. Services Updates. eTaxDesk may from time to time provide updates, which may include upgrades, bug fixes, patches, and other error corrections and/or new features (collectively, including related documentation, "Updates") to the Services. Updates may also modify or delete in their entirety certain features and functionality. You agree that we do not have any obligation to provide any Updates or to continue to provide or enable any particular features or functionality. eTaxDesk reserves the right, at any time, to modify, suspend, or discontinue the Services or any part thereof without notice. You agree that eTaxDesk will not be liable to you or any third party for any modification, suspension, or discontinuation of the Services or any part thereof.
As a convenience to you, the Site may contain links to other websites (“Linked Sites”), including Social Media Sites, that may not be owned or operated by eTaxDesk. The provision of such links does not constitute an endorsement by eTaxDesk of the Linked Sites or their content. eTaxDesk has no control over the Linked Sites and accepts no responsibility for the contents of a Linked Site or to any problems which may arise as a result of such linking, including, but not limited to, computer viruses and service interruptions. You are granted a limited, nonexclusive right to create a “hypertext” link to this Site provided that such link is to the entry page of this Site and does not portray eTaxDesk or the Services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time for any reason whatsoever.
You agree to immediately notify eTaxDesk of and indemnify and hold eTaxDesk its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) due to or arising out of your use of the Services, (including the unauthorized use of your account or any other breach of security known to you), the violation of this Agreement by you, or the infringement by you, or another user using your computer, or any intellectual property or other right of any person or entity.
10. Relationship of the Parties
This Agreement and the creation of a membership account by an Advisor or Company does not create or imply any relationship of agency, franchise, partnership, employment or joint venture between eTaxDesk and the Advisor or Company. eTaxDesk merely provides the Sites and Services and is not a party to any discussions or contracts between Advisors and Companies. eTaxDesk does not perform background checks or verify the truth or accuracy of the information provided by Advisors and Companies via the Services. eTaxDesk makes no representations as to: (i) the reliability, capability, or qualifications of any Company or Advisor; (ii) the ability of a Company to pay for an Advisor’s services; or (iii) that a Company or Advisor can or will enter into or perform its obligations under a contract, and
disclaims any and all liability relating thereto. You hereby release eTaxDesk our affiliates, and our respective officers, directors, agents, and employees from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute you have with a Company or Advisor.
11. User Reviews
eTaxDesk may allow you to provide reviews about Advisors or Companies with whom you have worked (“User Reviews”). You acknowledge and agree that User Reviews will be shared publicly via the Site. eTaxDesk does not monitor or censor User Reviews and will not investigate a User Review for accuracy or reliability except upon request. eTaxDesk disclaims all liability arising from User Reviews. You are solely responsible for any User Reviews that you post on the Site. eTaxDesk reserves the right, in its sole discretion, to remove any User Reviews that it deems inappropriate or defamatory, or for any other reason.
12. DISCLAIMER OF WARRANTIES
THE SITE, SERVICES AND ALL MATERIALS ACCESSIBLE THROUGH THIS SITE, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, eTAXDESK MAKES NO WARRANTY THAT: (i) THE SITE AND SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (ii) ANY ERRORS OR DEFECTS IN THE SITE, OR CONTENT, WILL BE CORRECTED; OR (iii) THE QUALITY OF THE SITE OR SERVICES PURCHASED BY YOU OR ACCESSIBLE THROUGH THE SITE WILL MEET YOUR REQUIREMENTS AND EXPECTATIONS.
THE USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. eTAXDESK ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER HARMFUL CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE SITE. THE SITE AND CONTENT MAY INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. eTAXDESK MAY MAKE CHANGES TO THE SITE OR THE CONTENT, INCLUDING PRICES, AT ANY TIME AND IN ITS SOLE DISCRETION WITHOUT NOTICE. THE SITE AND CONTENT MAY BE OUT OF DATE. eTAXDESK MAKES NO COMMITMENT TO UPDATE THE SITE OR THE CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
13. LIMITATION OF LIABILITY
IN NO EVENT WILL eTAXDESK, ITS LICENSORS OR SUPPLIERS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS, LOST TIME, LOST SAVINGS, LOST DATA, LOST FEES, OR EXPENSES OF ANY KIND IN ANY MANNER, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY. THESE LIMITATIONS WILL APPLY, WHETHER OR NOT FORESEEABLE, EVEN IF eTAXDESK HAS BEEN ADVISED OF SUCH POSSIBLE DAMAGES ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR TORT. IN NO EVENT WILL THE LIABILITY OF eTAXDESK HEREUNDER EXCEED THE FEES PAID BY USER DURING THE TWELVE MONTHS IMMEIDATELY PRECEDING THE DATE THE CAUSE OF ACTION AROSE.
IN NO EVENT WILL eTAXDESK, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, THE SERVICES, OR ANY WEBSITES LINKED TO THE SITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
14. Copyright Infringement Policy
In accordance with the requirements set forth in the Digital Millennium Copyright Act, Title 17 United States Code Section 512(c)(2) (“DMCA”), eTaxDesk will investigate notices of copyright infringement and take appropriate remedial action. If you believe that any Content on the Site has been used or copied in a manner that infringes your work, please provide a written notification of claimed copyright infringement to the Designated Agent for the Site containing the following elements as set forth in the DMCA:
• a physical or electronic signature of the owner of the copyright interest that is alleged to have been infringed or the person authorized to act on behalf of the owner;
• identification of the copyrighted work(s)claimed to have been infringed;
• identification of the Material(s) that you claim to be infringing and which you request be removed from the Site or access to which is to be disabled along with a description of where the infringing Content is located;
• information reasonably sufficient to allow us to contact you, such as a physical address, telephone number and an email address;
• a statement by you that you have a good faith belief that the use of the Materials identified in your written notification in the manner complained of is not authorized by you or the copyright owner, its agent or the law; and
• a statement by you that the information in your written notification is accurate and that, under penalty of perjury, you are the copyright owner or authorized to act on behalf of the copyright owner.
eTaxDesk’s designated agent for the written notification of claims of copyright infringement can be contacted at the following address:
Designated Agent – Copyright Infringement Claims
Unless otherwise provided herein, notices given by eTaxDesk to you will be given by e-mail or by conventional mail. Notices will be sent to the e-mail address or mailing address you provide as part of the registration process, or to updated addresses which you provide to eTaxDesk via notice consistent with this paragraph. Notices given by you to eTaxDesk must be given by e-mail to firstname.lastname@example.org or such updated address as Company may provide you consistently with this notice provision. Notwithstanding anything herein to the contrary, it is your sole responsibility to update your address for notices hereunder, and notice sent to the e-mail or conventional mailing address last provided by you to eTaxDesk shall be valid and binding on you regardless of whether such address has been changed, canceled, has expired, has been terminated, or otherwise becomes inoperative.
If any provision(s) of this Agreement is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. The failure by eTaxDesk to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by eTaxDesk in writing. The section titles in this Agreement are solely used for the convenience of the parties and have no legal or contractual significance. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado without regard to conflict of laws provisions. You irrevocably and unconditionally (i) consent to submit to the exclusive jurisdiction of the state and federal courts in the City and County of Denver, Colorado (the “Denver Courts”) for any litigation or dispute arising out of or relating to this Agreement.