1. ACCEPTANCE OF TERMS
- This Agreement, which incorporates by reference other provisions applicable to use of Accounting Solutions for Business, including, but not limited to, supplemental terms and conditions set forth hereof (“Supplemental Terms”) governing the use of certain specific material contained in Accounting Solutions for Business, sets forth the terms and conditions that apply to use of Accounting Solutions for Business by Client. By using Accounting Solutions for Business (other than to read this Agreement for the first time), Client agrees to comply with all of the terms and conditions hereof. The right to use Accounting Solutions for Business is personal to Client and is not transferable to any other person or entity. Client is responsible for all use of Client’s Account (under any screen name or password) and for ensuring that all use of Client’s Account complies fully with the provisions of this Agreement. Client shall be responsible for protecting the confidentiality of Client’s password(s), if any.
- Accounting Solutions for Business shall have the right at any time to change or discontinue any aspect or feature of Accounting Solutions for Business, including, but not limited to, content, hours of availability, and equipment needed for access or use.
2. CHANGED TERMS
Accounting Solutions for Business shall have the right at any time to change or modify the terms and conditions applicable to Client’s use of Accounting Solutions for Business, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on Accounting Solutions for Business, or by electronic or conventional mail, or by any other means by which Client obtains notice thereof. Any use of Accounting Solutions for Business by Client after such notice shall be deemed to constitute acceptance by Client of such changes, modifications or additions.
3. DESCRIPTION OF SERVICES
Through its Web property, Accounting Solutions for Business provides Client with access to a variety of resources, including download areas, communication forums and product information (collectively “Services”). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the TOU.
Client shall be responsible for obtaining and maintaining all telephone, computer hardware, software and other equipment needed for access to and use of Accounting Solutions for Business and all charges related thereto.
5. CLIENT CONDUCT
- Client shall use Accounting Solutions for Business for lawful purposes only. Client shall not post or transmit through Accounting Solutions for Business any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Accounting Solutions for Business’s express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a Client that in Accounting Solutions for Business’s discretion restricts or inhibits any other Client from using or enjoying Accounting Solutions for Business will not be permitted. Client shall not use Accounting Solutions for Business to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of Clients to become subscribers of other on-line information services competitive with Accounting Solutions for Business.
- Accounting Solutions for Business contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of Accounting Solutions for Business are copyrighted as a collective work under the United States copyright laws. Accounting Solutions for Business owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Client may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Client may download copyrighted material for Client’s personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of Accounting Solutions for Business and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. Client acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
- Client shall not upload, post or otherwise make available on Accounting Solutions for Business any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with Client. Client shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of Accounting Solutions for Business, Client automatically grants, or warrants that the owner of such material has expressly granted Accounting Solutions for Business the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. Client hereby grants Accounting Solutions for Business the right to edit, copy, publish and distribute any material made available on Accounting Solutions for Business by Client.
- The foregoing provisions of Section 5 are for the benefit of Accounting Solutions for Business, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
6. NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEB SITE
Permission to use Documents (such as white papers, press releases, datasheets and FAQs) from the Services is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from the Services is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Accredited educational institutions, such as universities, private/public colleges, and state community colleges, may download and reproduce the Documents for distribution in the classroom with the express written consent from Accounting Solutions for Business.
Distribution outside the classroom requires express written permission. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
Accounting Solutions for Business and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published as part of the services for any purpose. All such documents and related graphics are provided “AS IS” without warranty of any kind. Accounting Solutions for Business and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all warranties and conditions of merchantability, whether express, implied or statutory, fitness for a particular purpose, title and non-infringement. In no event shall accounting Solutions for Business and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious actions, arising out of or in connection with the use or performance of information available from the services.
The documents and related graphics published on the services could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Accounting Solutions for Business and /or its respective suppliers may make improvements and/or Changes in the services and/or the programs(s) described herein at any time.
7. NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS SITE
In no event shall Accounting Solutions for Business and /or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from the loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of software, documents, provision of or failure to provide services, or information available from the services or documents.
8. MATERIALS PROVIDED TO ACCOUNTING SOLUTIONS FOR BUSINESS OR POSTED AT ANY OF ITS WEBSITES
Accounting Solutions for Business does not claim ownership of the materials Clients provide to Accounting Solutions for Business (including feedback and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community, (each a “Submission” and collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting (“Posting”), Client’s Submission is granting Accounting Solutions for Business , its affiliated companies and necessary sublicensees permission to use Client’s Submission in connection with the operation of their businesses (including, without limitation, all Accounting Solutions for Business Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat Client’s Submission; to publish Client’s name in connection with Client’s Submission; and the right to sublicense such rights to any supplier of the Services.
9. DISCLAIMER OF WARRANTY, LIMITATION OF LIABILITY
- CLIENT EXPRESSLY AGREES THAT USE OF ACCOUNTING SOLUTIONS FOR BUSINESS IS AT CLIENT’S SOLE RISK. NEITHER ACCOUNTING SOLUTIONS FOR BUSINESS, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT ACCOUNTING SOLUTIONS FOR BUSINESS WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF ACCOUNTING SOLUTIONS FOR BUSINESS, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH ACCOUNTING SOLUTIONS FOR BUSINESS.
- ACCOUNTING SOLUTIONS FOR BUSINESS IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
- THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. CLIENT SPECIFICALLY ACKNOWLEDGES THAT ACCOUNTING SOLUTIONS FOR BUSINESS IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER CLIENTS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH CLIENT.
- IN NO EVENT WILL ACCOUNTING SOLUTIONS FOR BUSINESS, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ACCOUNTING SOLUTIONS FOR BUSINESS OR THE ACCOUNTING SOLUTIONS FOR BUSINESS SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE ACCOUNTING SOLUTIONS FOR BUSINESS. CLIENT HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.
- IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, ACCOUNTING SOLUTIONS FOR BUSINESS, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN ACCOUNTING SOLUTIONS FOR BUSINESS, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE CLIENT, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
- PRIOR TO THE EXECUTION OF A STOCK TRADE, CLIENTS ARE ADVISED TO CONSULT WITH YOUR BROKER OR OTHER FINANCIAL REPRESENTATIVE TO VERIFY PRICING OR OTHER INFORMATION. ACCOUNTING SOLUTIONS FOR BUSINESS, ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL HAVE NO LIABILITY FOR INVESTMENT DECISIONS BASED ON THE INFORMATION PROVIDED. NEITHER, ACCOUNTING SOLUTIONS FOR BUSINESS, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
- FORCE MAJEURE – NEITHER PARTY WILL BE RESPONSIBLE FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE TO CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, RIOT, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, SERVICE OUTAGES RESULTING FROM EQUIPMENT AND/OR SOFTWARE FAILURE AND/OR TELECOMMUNICATIONS FAILURES, POWER FAILURES, NETWORK FAILURES, FAILURES OF THIRD PARTY SERVICE PROVIDERS (INCLUDING PROVIDERS OF INTERNET SERVICES AND TELECOMMUNICATIONS). THE PARTY AFFECTED BY ANY SUCH EVENT SHALL NOTIFY THE OTHER PARTY WITHIN A MAXIMUM OF FIFTEEN (15) DAYS FROM ITS OCCURENCE. THE PERFORMANCE OF THS AGREEMENT SHALL THEN BE SUSPENDED FOR AS LONG AS ANY SUCH EVENT SHALL PREVENT THE AFFECTED PARTY FROM PERFORMING ITS OBLIGATIONS UNDER THIS AGREEMENT.
10. LINKS TO THIRD PARTY SITES
THE LINKS IN THIS AREA WILL LET YOU LEAVE ACCOUNTING SOLUTIONS FOR BUSINESS’S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF ACCOUNTING SOLUTIONS FOR BUSINESS AND ACCOUNTING SOLUTIONS FOR BUSINESS IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. ACCOUNTING SOLUTIONS FOR BUSINESS IS NOT RESPONSIBLE FOR WEB CASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. ACCOUNTING SOLUTIONS FOR BUSINESS IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY ACCOUNTING SOLUTIONS FOR BUSINESS OF THE SITE.
Accounting Solutions for Business is a distributor (and not a publisher) of content supplied by third parties and Clients. Accordingly, Accounting Solutions for Business has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Clients or any other Client of Accounting Solutions for Business, are those of the respective author(s) or distributor(s) and not of Accounting Solutions for Business . Neither Accounting Solutions for Business nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.
In many instances, the content available through Accounting Solutions for Business represents the opinions and judgments of the respective information provider, Client, or other Client not under contract with Accounting Solutions for Business. Accounting Solutions for Business neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on Accounting Solutions for Business by anyone other than authorized Accounting Solutions for Business employee spokespersons while acting in their official capacities. Under no circumstances will Accounting Solutions for Business be liable for any loss or damage caused by a Client’s reliance on information obtained through Accounting Solutions for Business. It is the responsibility of Client to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through Accounting Solutions for Business. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
11. UNSOLICITED IDEA SUBMISSION POLICY
ACCOUNTING SOLUTIONS FOR BUSINESS OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW SERVICES OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN ACCOUNTING SOLUTIONS FOR BUSINESS’S PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO ACCOUNTING SOLUTIONS FOR BUSINESS. SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO ACCOUNTING SOLUTIONS FOR BUSINESS OR ANYONE AT An ACCOUNTING SOLUTIONS FOR BUSINESS IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT ACCOUNTING SOLUTIONS FOR BUSINESS MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.
Client agrees to defend, indemnify and hold harmless Accounting Solutions for Business, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of Accounting Solutions for Business by Client or Client’s Account.
Either Accounting Solutions for Business or Client may terminate this Agreement at any time. Without limiting the foregoing, Accounting Solutions for Business shall have the right to immediately terminate Client’s Account in the event of any conduct by Client which Accounting Solutions for Business, in its sole discretion, considers to be unacceptable, or in the event of any breach by Client of this Agreement.
This Agreement and any operating rules for Accounting Solutions for Business established by Accounting Solutions for Business constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the FLORIDA, UNITED STATES, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
15. COPYRIGHT NOTICE
Accounting Solutions for Business’s logos are trademarks of Accounting Solutions for Business. All rights reserved. All other trademarks appearing on Accounting Solutions for Business are the property of their respective owners.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, email addresses, logos, people and events depicted herein are fictitious. No association with any real company, organization, product, domain name, e-mail address, logo, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.