Term of Use
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.
By using the CPAtools.net website (the “Site”) or any CPAtools. applications or application plug-ins (“Applications”), you agree to follow and be bound by these terms of use (the “Terms of Use”) and agree to comply with all applicable laws and regulations, including United States export and re-export control laws and regulations. In these Terms of Use, the words “you” and “your” refer to each customer, Site visitor, or Application user, “we”, “us” and “our” refer to CPAtools. and “Services” refers to all services provided by us.
It is your responsibility to review these Terms of Use periodically. If at any time you find these Terms of Use unacceptable or if you do not agree to these Terms of Use, please do not use this Site or any Applications. We may revise these Terms of Use at any time without notice to you. If you have any questions about these Terms of Use, please contact us at rob [at] CPAtools.net.
YOU AGREE THAT BY USING THE SITE, ANY APPLICATIONS, AND THE SERVICES YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.
Please also refer to the CPAtools. Privacy Policy, which is incorporated herein by reference.
CPAtools. provides access to financial tools designed to make our customers’ lives simpler and easier.
NEITHER CPAtools. NOR ANY THE SERVICES IS INTENDED TO PROVIDE ACCOUNTING, TAX, FINANCIAL OR LEGAL ADVICE. CPAtools. IS NOT AN ACCOUNTANT, FINANCIAL ADVISOR, TAX ADVISOR, BROKER OR ATTORNEY. The Services are intended only to assist you in your financial organization and decision-making and are broad in scope. Your personal financial situation is unique, and any information and advice obtained through the Services may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any financial strategy, you should consider obtaining additional information and advice from your accountant or other financial advisers who are fully aware of your individual circumstances.
CPAtools. strives to keep its financial tools accurate, current and up-to-date. However, because laws and regulations change rapidly, CPAtools. cannot guarantee that all of the information on the Site or Applications is completely current. Laws and regulations are different from jurisdiction to jurisdiction, and may be subject to interpretation by different courts or administrative bodies. No general information or financial tools like the kind CPAtools. provides can fit every circumstance. Furthermore, the information contained on the Site and Applications is not accounting, tax, financial or legal advice and is not guaranteed to be correct, complete or up-to-date. Therefore, if you need professional advice for your specific problem, or if your specific problem is too complex to be addressed by our tools, you should consult a licensed financial, tax or legal professional in your area.
From time to time, CPAtools. may perform certain accountant access services and introduce our visitors to accountants through various methods, including but not limited to (i) accountant plans, (ii) third-party accountant directory listings, and (iii) third party limited scope agreements. At no time is an accountant-client relationship fostered or created with CPAtools. through the performance of any such services.
This Site and Applications are not intended to create any accountant-client or attorney-client relationship, and your use of CPAtools. does not and will not create an accountant-client or attorney-client relationship between you and CPAtools.
1. Privacy Policy
CPAtools. respects your privacy and permits you to control the treatment of your personal information. A complete statement of CPAtools.’s current Privacy Policy can be found on the Legal tab. CPAtools.’s Privacy Policy is expressly incorporated into this Agreement by reference.
When you open an account to use or access certain portions of the Site, Applications, or the Services, you must provide complete and accurate information as requested on the registration form. You will also be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use a third party’s account, user name or password at any time. You agree to notify CPAtools. immediately of any unauthorized use of your account, user name or password. CPAtools. shall not be liable for any losses you incur as a result of someone else’s use of your account or password, either with or without your knowledge. You may be held liable for any losses incurred by CPAtools., our affiliates, officers, directors, employees, consultants, agents and representatives due to someone else’s use of your account or password.
In connection with the use of certain CPAtools. products or services, you may be asked to provide personal information in a questionnaire, application, form or similar document or service. This information will be protected pursuant to our Privacy Policy. In addition, you grant CPAtools. a worldwide, royalty-free, nonexclusive, and fully sublicensable license to use, distribute, reproduce, modify, publish and translate this personal information solely for the purpose of enabling your use of the applicable service. You may revoke this license and terminate rights held by CPAtools. at any time by removing your personal information from the applicable service.
2. Ownership
This Site and Applications are owned and operated by CPAtools. All right, title and interest in and to the materials provided on this Site and Applications, including but not limited to information, documents, tools, logos, graphics, sounds and images (the “Materials”) are owned either by CPAtools. or by our respective third party authors, developers or vendors (“Third Party Providers”). Except as otherwise expressly provided by CPAtools., none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on this Site or on any Applications shall be construed to confer any license under any of CPAtools.’s intellectual property rights, whether by estoppel, implication or otherwise. See the “Legal Contact Information” below if you have any questions about obtaining such licenses. CPAtools. does not sell, license, lease or otherwise provide any of the Materials other than those specifically identified as being provided by CPAtools. Any rights not expressly granted herein are reserved by CPAtools.
3. Limited Permission to Download
CPAtools. hereby grants you permission to download, view, copy and print the Materials on any single, stand-alone computer solely for your personal, informational, non-commercial use provided that (i) where provided, the copyright and trademark notices appearing on any Materials not be altered or removed, (ii) the Materials are not used on any other website or in a networked computer environment and (iii) the Materials are not modified in any way, except for authorized editing of downloadable tools or forms for personal use. This permission terminates automatically without notice if you breach any of the terms or conditions of these Terms of Use. On any such termination, you agree to immediately destroy any downloaded or printed Materials. Any unauthorized use of any Materials contained on this Site or Applications may violate copyright laws, trademark laws, laws of privacy and publicity and communications regulations and statutes.
4. Links to Third Party Sites
This Site and Applications may contain links to websites controlled by parties other than CPAtools. (each a “Third Party Site”). CPAtools. works with a number of partners and affiliates whose sites are linked with CPAtools. CPAtools. may also provide links to other citations or resources with whom it is not affiliated. CPAtools. is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site, any website accessed from a Third Party Site or any changes or updates to such sites. CPAtools. makes no guarantees about the content or quality of the products or services provided by such sites. CPAtools. is not responsible for webcasting or any other form of transmission received from any Third Party Site. CPAtools. is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by CPAtools. of the Third Party Site, nor does it imply that CPAtools. sponsors, is affiliated or associated with, guarantees, or is legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that CPAtools. is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third Party Site.
5. Use of CPAtools. Tools and Forms
On our Site, through our Applications, and through certain partners, we offer self-help “fill in the blank” financial tools and forms (the “Tools”). If you buy such a Tool from one of our partners, you will be directed to that partner’s website and their terms of use will control. If you buy or download a Tool on our Site or Application, the terms and conditions of these Terms of Use control. You understand that your purchase, download, and/or use of a Tool is neither accounting, tax or legal advice nor the practice of accountancy or law, and that each Tool and any applicable instructions or guidance is not customized to your particular needs.
License to Use
CPAtools. grants you a limited, personal, non-exclusive, non-transferable license to use our Tool for your own personal, internal business use, or if you are an accountant or professional, for your client. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Tools in any manner, except for modifications in filling out the Tools for your authorized use. You shall not remove any copyright notice from any Tool.
Resale of Tools Prohibited.
By ordering or downloading Tools, you agree that the Tools you purchase or download may only be used by you for your personal or business use or used by you in connection with your client and may not be sold or redistributed without the express written consent of CPAtools.
6. GOVERNING LAW AND FORUM FOR DISPUTES
Please read this carefully. It affects your rights.
This Agreement, and your relationship with CPAtools. under this Agreement, shall be governed by the laws of the State of Washington without regard to its conflict or choice of laws provisions. Any dispute with CPAtools., or its officers, directors, employees, agents or affiliates, arising under or in relation to this Agreement shall be resolved exclusively through the small-claims court of the King County District Court in the city of Seattle, Washington, except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case CPAtools. may seek such relief in any court with jurisdiction over the parties. You understand that, in return for agreement to this provision, CPAtools. is able to offer the Service at the terms designated, without charge to you, and that your assent to this provision is an indispensable consideration to this Agreement.
You also acknowledge and understand that, with respect to any dispute with CPAtools., its officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Service or this Agreement:
• YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and
• YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.
7. Additional Terms
Some CPAtools. Services may be subject to additional posted guidelines, rules or terms of service (“Additional Terms”) and your use of such Services will be conditioned on your agreement to the Additional Terms. If there is any conflict between these Terms of Use and the Additional Terms, the Additional Terms will control for that Service, unless the Additional Terms expressly state that these Terms of Use will control.
8. Reviews, Comments, Communications, and Other Content
At various locations on the Site or through Applications, CPAtools. may permit visitors to post ratings, reviews, comments, and other content (the “User Content”). Contributions to, access to and use of the User Content is subject to this paragraph and the other terms and conditions of these Terms of Use.
Rights and Responsibilities of CPAtools.
CPAtools. is not the publisher or author of the User Content. CPAtools. takes no responsibility and assumes no liability for any content posted by you or any third party.
Although we cannot make an absolute guarantee of system security, CPAtools. takes reasonable steps to maintain security. If you have reason to believe system security has been breached, contact us by email for help.
If CPAtools.’s technical staff finds that files or processes belonging to a member pose a threat to the proper technical operation of the system or to the security of other members, CPAtools. reserves the right to delete those files or to stop those processes. If the CPAtools. technical staff suspects a user name is being used by someone who is not authorized by the proper user, CPAtools.may temporarily disable that user’s access in order to preserve system security. In all such cases, CPAtools. will contact the member as soon as feasible.
CPAtools. has the right (but not the obligation), in our sole and absolute discretion, to edit, redact, remove, re-categorize to a more appropriate location or otherwise change any User Content.
CPAtools. reserves the right to refuse service to anyone and to cancel user access at any time.
Rights and Responsibilities of CPAtools. Users or Other Posters of User Content.
You are legally and ethically responsible for any User Content – writings, files, pictures or any other work – that you post or transmit using any CPAtools. service that allows interaction or dissemination of information. In posting User Content, you agree that you will not submit any content:
• that is known by you to be false, inaccurate or misleading;
• that infringes anyone’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy. Please see Compliance with Intellectual Property Laws below;
• that violates any law, statute, ordinance, or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination, or false advertising). Please see Compliance with Export Restrictions below;
• that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing, or advocates or encourages illegal conduct harmful to any individual, partnership or corporation. Please see Inappropriate Content below;
• that includes advertisements, spam, or content for which you were compensated or granted any consideration by any third party;
• that includes information that references other websites, addresses, email addresses, phone numbers, or other contact information;
• that contains any computer virus, worms, or other potentially damaging computer programs or files;
• that otherwise violates these Terms of Use.
Under United States federal law, you retain copyright on all works you create and post as User Content, unless you choose specifically to renounce it. In posting a work as User Content, you authorize other members who have access to that service to make personal and customary use of the work, including creating links or reposting, but not otherwise to reproduce or disseminate it unless you give permission for such dissemination.
You grant CPAtools. a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, sell, distribute, and/or incorporate such content into any form, medium, or technology throughout the world without compensation to you. You have the right to remove any of your works from User Content at any time.
You are not required to provide your real name when signing up as a user of CPAtools. CPAtools. permits anonymous or pseudonymous accounts. Any user may request that such member’s email address be hidden to provide for additional privacy.
Ratings and reviews will generally be posted in two to four business days. By submitting your email address in connection with your rating and review, you agree that CPAtools. may use your email address to contact you about the status of your review and other administrative purposes.
9. NO WARRANTY THE SITE, APPLICATIONS, AND ALL MATERIALS, DOCUMENTS, TOOLS OR FORMS PROVIDED ON OR THROUGH YOUR USE OF THE SITE OR APPLICATIONS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, CPAtools. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
CPAtools. MAKES NO WARRANTY THAT: (A) THE SITE, APPLICATIONS, OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE SITE, APPLICATIONS, OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, APPLICATIONS, OR ANY MATERIALS OFFERED THROUGH THE SITE OR APPLICATIONS, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE, APPLICATIONS, OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS.
OBTAINING ANY MATERIALS THROUGH THE USE OF THE SITE OR APPLICATIONS IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. CPAtools. SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.
10. LIMITATION OF LIABILITY AND INDEMNIFICATION
YOU WILL HOLD CPAtools. AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY ME OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF CPAtools. HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IF THERE IS LIABILITY FOUND ON THE PART OF CPAtools., IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, EXCEPT AS ALLOWED PURSUANT TO THE CPAtools. ARBITRATION AGREEMENT, CONTAINED IN PARAGRAPH 6 OF THESE TERMS OF USE, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO ME.
11. Unsolicited Submissions
Except as may be required in connection with your use of CPAtools. Services, CPAtools. does not want you to submit confidential or proprietary information to us through this Site or any Applications. All comments, feedback, information or material submitted to CPAtools. through or in association with this Site shall be considered non-confidential and CPAtools.’s property. By providing such submissions to CPAtools. you hereby assign to CPAtools., at no charge, all worldwide right, title and interest in and to the submissions and any intellectual property rights associated therewith. CPAtools. shall be free to use and/or disseminate such submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the submissions that you provide, including their legality, reliability, appropriateness, originality and content.
12. Compliance with Intellectual Property Laws
When accessing CPAtools. or using the CPAtools. financial tools, you agree to obey the law and you agree to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright, trademark and other intellectual property ownership. You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content in violation of any third party’s copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit or that is provided or transmitted using your CPAtools. user account.
CPAtools. has adopted a policy that provides for the immediate removal of any content, article or materials that have infringed on the rights of CPAtools. or of a third party or that violate intellectual property rights generally. CPAtools.’s policy is to remove such infringing content or materials and investigate such allegations immediately.
Copyright Infringement:
A. Notice. CPAtools. has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. The Company has adopted a policy that provides for the immediate suspension and/or termination of any Site or Service user who is found to have infringed the rights of the Company or of a third party, or otherwise violated any intellectual laws or regulations. The Company’s policy is to act expeditiously upon receipt of proper notification of claimed copyright infringement to remove or disable access to the allegedly infringing content. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want the Company to delete, edit, or disable the material in question, you must provide the Company with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; (4) Information reasonably sufficient to permit the Company to contact you, such as an address, telephone number, and, if available, email address; (5) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. The above written information must be sent to our registered Copyright Agent:
Copyright Agent
c/o CPAtools
93 S. Jackson St. #96929
Seattle, WA 98104-2818
rob [at] cpatools.net
B.Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your Content, you may send a written counter-notice containing the following information to the Copyright Agent: (1) Your physical or electronic signature; (2) Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled; (3) A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and (4) Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in Seattle, Washington, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the Copyright Agent, the Company may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at the Company’s sole discretion.
13. Inappropriate Content
When accessing the Site, any Applications, or using CPAtools.’s Services, you agree not to upload, download, display, perform, transmit or otherwise distribute any content that: (i) is libelous, defamatory, obscene, pornographic, abusive or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. CPAtools. reserves the right to terminate or delete such material from its servers. CPAtools. will cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.
14. Compliance with Export Restrictions
You may not access, download, use or export the Site, Applications, or the Materials in violation of United States export laws or regulations or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority and to assume sole responsibility for obtaining licenses to export or re-export as may be required. You acknowledge and agree that the Materials are subject to the United States Export Administration Laws and Regulations and agree that none of the Materials or any direct product therefrom is being or will be acquired for, shipped, transferred or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or used for any prohibited purpose.
15. Personal Use
The site is made available for your personal use on your own behalf.
16. Children
Minors are not eligible to use the Site or Applications and we ask that they do not submit any personal information to us.
17. Copyrights
All Site design, text, graphics, the selection and arrangement thereof, Copyright © CPAtools. ALL RIGHTS RESERVED.
18. Trademarks
CPAtools logo, all images and text, and all page headers, custom graphics and button icons are service marks, trademarks and/or trade dress of CPAtools. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
19. Inquiries
BY USING CPAtools.’S SERVICES OR ACCESSING THE CPAtools. SITE OR APPLICATIONS, YOU ACKNOWLEDGE AND ACCEPT THAT SUBMITTING YOUR TELEPHONE NUMBER TO CPAtools. VIA THE CPAtools. SITE OR APPLICATIONS CONSTITUTES AN INQUIRY TO CPAtools., AND THAT CPAtools. MAY CONTACT YOU AT THE NUMBER SUBMITTED EVEN IF SUCH NUMBER APPEARS ON ANY STATE OR FEDERAL DO NOT CALL LISTS (TAKING INTO ACCOUNT INQUIRY EXCEPTION TIME FRAMES AS APPROPRIATE).
20. Acknowledgement
BY USING CPAtools SERVICES OR ACCESSING THE CPAtools. SITE OR APPLICATIONS, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.
Updated January 19, 2013
By using the CPAtools.net website (the “Site”) or any CPAtools. applications or application plug-ins (“Applications”), you agree to follow and be bound by these terms of use (the “Terms of Use”) and agree to comply with all applicable laws and regulations, including United States export and re-export control laws and regulations. In these Terms of Use, the words “you” and “your” refer to each customer, Site visitor, or Application user, “we”, “us” and “our” refer to CPAtools. and “Services” refers to all services provided by us.
It is your responsibility to review these Terms of Use periodically. If at any time you find these Terms of Use unacceptable or if you do not agree to these Terms of Use, please do not use this Site or any Applications. We may revise these Terms of Use at any time without notice to you. If you have any questions about these Terms of Use, please contact us at rob [at] CPAtools.net.
YOU AGREE THAT BY USING THE SITE, ANY APPLICATIONS, AND THE SERVICES YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.
Please also refer to the CPAtools. Privacy Policy, which is incorporated herein by reference.
CPAtools. provides access to financial tools designed to make our customers’ lives simpler and easier.
NEITHER CPAtools. NOR ANY THE SERVICES IS INTENDED TO PROVIDE ACCOUNTING, TAX, FINANCIAL OR LEGAL ADVICE. CPAtools. IS NOT AN ACCOUNTANT, FINANCIAL ADVISOR, TAX ADVISOR, BROKER OR ATTORNEY. The Services are intended only to assist you in your financial organization and decision-making and are broad in scope. Your personal financial situation is unique, and any information and advice obtained through the Services may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any financial strategy, you should consider obtaining additional information and advice from your accountant or other financial advisers who are fully aware of your individual circumstances.
CPAtools. strives to keep its financial tools accurate, current and up-to-date. However, because laws and regulations change rapidly, CPAtools. cannot guarantee that all of the information on the Site or Applications is completely current. Laws and regulations are different from jurisdiction to jurisdiction, and may be subject to interpretation by different courts or administrative bodies. No general information or financial tools like the kind CPAtools. provides can fit every circumstance. Furthermore, the information contained on the Site and Applications is not accounting, tax, financial or legal advice and is not guaranteed to be correct, complete or up-to-date. Therefore, if you need professional advice for your specific problem, or if your specific problem is too complex to be addressed by our tools, you should consult a licensed financial, tax or legal professional in your area.
From time to time, CPAtools. may perform certain accountant access services and introduce our visitors to accountants through various methods, including but not limited to (i) accountant plans, (ii) third-party accountant directory listings, and (iii) third party limited scope agreements. At no time is an accountant-client relationship fostered or created with CPAtools. through the performance of any such services.
This Site and Applications are not intended to create any accountant-client or attorney-client relationship, and your use of CPAtools. does not and will not create an accountant-client or attorney-client relationship between you and CPAtools.
1. Privacy Policy
CPAtools. respects your privacy and permits you to control the treatment of your personal information. A complete statement of CPAtools.’s current Privacy Policy can be found on the Legal tab. CPAtools.’s Privacy Policy is expressly incorporated into this Agreement by reference.
When you open an account to use or access certain portions of the Site, Applications, or the Services, you must provide complete and accurate information as requested on the registration form. You will also be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use a third party’s account, user name or password at any time. You agree to notify CPAtools. immediately of any unauthorized use of your account, user name or password. CPAtools. shall not be liable for any losses you incur as a result of someone else’s use of your account or password, either with or without your knowledge. You may be held liable for any losses incurred by CPAtools., our affiliates, officers, directors, employees, consultants, agents and representatives due to someone else’s use of your account or password.
In connection with the use of certain CPAtools. products or services, you may be asked to provide personal information in a questionnaire, application, form or similar document or service. This information will be protected pursuant to our Privacy Policy. In addition, you grant CPAtools. a worldwide, royalty-free, nonexclusive, and fully sublicensable license to use, distribute, reproduce, modify, publish and translate this personal information solely for the purpose of enabling your use of the applicable service. You may revoke this license and terminate rights held by CPAtools. at any time by removing your personal information from the applicable service.
2. Ownership
This Site and Applications are owned and operated by CPAtools. All right, title and interest in and to the materials provided on this Site and Applications, including but not limited to information, documents, tools, logos, graphics, sounds and images (the “Materials”) are owned either by CPAtools. or by our respective third party authors, developers or vendors (“Third Party Providers”). Except as otherwise expressly provided by CPAtools., none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on this Site or on any Applications shall be construed to confer any license under any of CPAtools.’s intellectual property rights, whether by estoppel, implication or otherwise. See the “Legal Contact Information” below if you have any questions about obtaining such licenses. CPAtools. does not sell, license, lease or otherwise provide any of the Materials other than those specifically identified as being provided by CPAtools. Any rights not expressly granted herein are reserved by CPAtools.
3. Limited Permission to Download
CPAtools. hereby grants you permission to download, view, copy and print the Materials on any single, stand-alone computer solely for your personal, informational, non-commercial use provided that (i) where provided, the copyright and trademark notices appearing on any Materials not be altered or removed, (ii) the Materials are not used on any other website or in a networked computer environment and (iii) the Materials are not modified in any way, except for authorized editing of downloadable tools or forms for personal use. This permission terminates automatically without notice if you breach any of the terms or conditions of these Terms of Use. On any such termination, you agree to immediately destroy any downloaded or printed Materials. Any unauthorized use of any Materials contained on this Site or Applications may violate copyright laws, trademark laws, laws of privacy and publicity and communications regulations and statutes.
4. Links to Third Party Sites
This Site and Applications may contain links to websites controlled by parties other than CPAtools. (each a “Third Party Site”). CPAtools. works with a number of partners and affiliates whose sites are linked with CPAtools. CPAtools. may also provide links to other citations or resources with whom it is not affiliated. CPAtools. is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site, any website accessed from a Third Party Site or any changes or updates to such sites. CPAtools. makes no guarantees about the content or quality of the products or services provided by such sites. CPAtools. is not responsible for webcasting or any other form of transmission received from any Third Party Site. CPAtools. is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by CPAtools. of the Third Party Site, nor does it imply that CPAtools. sponsors, is affiliated or associated with, guarantees, or is legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that CPAtools. is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third Party Site.
5. Use of CPAtools. Tools and Forms
On our Site, through our Applications, and through certain partners, we offer self-help “fill in the blank” financial tools and forms (the “Tools”). If you buy such a Tool from one of our partners, you will be directed to that partner’s website and their terms of use will control. If you buy or download a Tool on our Site or Application, the terms and conditions of these Terms of Use control. You understand that your purchase, download, and/or use of a Tool is neither accounting, tax or legal advice nor the practice of accountancy or law, and that each Tool and any applicable instructions or guidance is not customized to your particular needs.
License to Use
CPAtools. grants you a limited, personal, non-exclusive, non-transferable license to use our Tool for your own personal, internal business use, or if you are an accountant or professional, for your client. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Tools in any manner, except for modifications in filling out the Tools for your authorized use. You shall not remove any copyright notice from any Tool.
Resale of Tools Prohibited.
By ordering or downloading Tools, you agree that the Tools you purchase or download may only be used by you for your personal or business use or used by you in connection with your client and may not be sold or redistributed without the express written consent of CPAtools.
6. GOVERNING LAW AND FORUM FOR DISPUTES
Please read this carefully. It affects your rights.
This Agreement, and your relationship with CPAtools. under this Agreement, shall be governed by the laws of the State of Washington without regard to its conflict or choice of laws provisions. Any dispute with CPAtools., or its officers, directors, employees, agents or affiliates, arising under or in relation to this Agreement shall be resolved exclusively through the small-claims court of the King County District Court in the city of Seattle, Washington, except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case CPAtools. may seek such relief in any court with jurisdiction over the parties. You understand that, in return for agreement to this provision, CPAtools. is able to offer the Service at the terms designated, without charge to you, and that your assent to this provision is an indispensable consideration to this Agreement.
You also acknowledge and understand that, with respect to any dispute with CPAtools., its officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Service or this Agreement:
• YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and
• YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.
7. Additional Terms
Some CPAtools. Services may be subject to additional posted guidelines, rules or terms of service (“Additional Terms”) and your use of such Services will be conditioned on your agreement to the Additional Terms. If there is any conflict between these Terms of Use and the Additional Terms, the Additional Terms will control for that Service, unless the Additional Terms expressly state that these Terms of Use will control.
8. Reviews, Comments, Communications, and Other Content
At various locations on the Site or through Applications, CPAtools. may permit visitors to post ratings, reviews, comments, and other content (the “User Content”). Contributions to, access to and use of the User Content is subject to this paragraph and the other terms and conditions of these Terms of Use.
Rights and Responsibilities of CPAtools.
CPAtools. is not the publisher or author of the User Content. CPAtools. takes no responsibility and assumes no liability for any content posted by you or any third party.
Although we cannot make an absolute guarantee of system security, CPAtools. takes reasonable steps to maintain security. If you have reason to believe system security has been breached, contact us by email for help.
If CPAtools.’s technical staff finds that files or processes belonging to a member pose a threat to the proper technical operation of the system or to the security of other members, CPAtools. reserves the right to delete those files or to stop those processes. If the CPAtools. technical staff suspects a user name is being used by someone who is not authorized by the proper user, CPAtools.may temporarily disable that user’s access in order to preserve system security. In all such cases, CPAtools. will contact the member as soon as feasible.
CPAtools. has the right (but not the obligation), in our sole and absolute discretion, to edit, redact, remove, re-categorize to a more appropriate location or otherwise change any User Content.
CPAtools. reserves the right to refuse service to anyone and to cancel user access at any time.
Rights and Responsibilities of CPAtools. Users or Other Posters of User Content.
You are legally and ethically responsible for any User Content – writings, files, pictures or any other work – that you post or transmit using any CPAtools. service that allows interaction or dissemination of information. In posting User Content, you agree that you will not submit any content:
• that is known by you to be false, inaccurate or misleading;
• that infringes anyone’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy. Please see Compliance with Intellectual Property Laws below;
• that violates any law, statute, ordinance, or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination, or false advertising). Please see Compliance with Export Restrictions below;
• that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing, or advocates or encourages illegal conduct harmful to any individual, partnership or corporation. Please see Inappropriate Content below;
• that includes advertisements, spam, or content for which you were compensated or granted any consideration by any third party;
• that includes information that references other websites, addresses, email addresses, phone numbers, or other contact information;
• that contains any computer virus, worms, or other potentially damaging computer programs or files;
• that otherwise violates these Terms of Use.
Under United States federal law, you retain copyright on all works you create and post as User Content, unless you choose specifically to renounce it. In posting a work as User Content, you authorize other members who have access to that service to make personal and customary use of the work, including creating links or reposting, but not otherwise to reproduce or disseminate it unless you give permission for such dissemination.
You grant CPAtools. a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, sell, distribute, and/or incorporate such content into any form, medium, or technology throughout the world without compensation to you. You have the right to remove any of your works from User Content at any time.
You are not required to provide your real name when signing up as a user of CPAtools. CPAtools. permits anonymous or pseudonymous accounts. Any user may request that such member’s email address be hidden to provide for additional privacy.
Ratings and reviews will generally be posted in two to four business days. By submitting your email address in connection with your rating and review, you agree that CPAtools. may use your email address to contact you about the status of your review and other administrative purposes.
9. NO WARRANTY THE SITE, APPLICATIONS, AND ALL MATERIALS, DOCUMENTS, TOOLS OR FORMS PROVIDED ON OR THROUGH YOUR USE OF THE SITE OR APPLICATIONS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, CPAtools. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
CPAtools. MAKES NO WARRANTY THAT: (A) THE SITE, APPLICATIONS, OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE SITE, APPLICATIONS, OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, APPLICATIONS, OR ANY MATERIALS OFFERED THROUGH THE SITE OR APPLICATIONS, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE, APPLICATIONS, OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS.
OBTAINING ANY MATERIALS THROUGH THE USE OF THE SITE OR APPLICATIONS IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. CPAtools. SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.
10. LIMITATION OF LIABILITY AND INDEMNIFICATION
YOU WILL HOLD CPAtools. AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY ME OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF CPAtools. HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IF THERE IS LIABILITY FOUND ON THE PART OF CPAtools., IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, EXCEPT AS ALLOWED PURSUANT TO THE CPAtools. ARBITRATION AGREEMENT, CONTAINED IN PARAGRAPH 6 OF THESE TERMS OF USE, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO ME.
11. Unsolicited Submissions
Except as may be required in connection with your use of CPAtools. Services, CPAtools. does not want you to submit confidential or proprietary information to us through this Site or any Applications. All comments, feedback, information or material submitted to CPAtools. through or in association with this Site shall be considered non-confidential and CPAtools.’s property. By providing such submissions to CPAtools. you hereby assign to CPAtools., at no charge, all worldwide right, title and interest in and to the submissions and any intellectual property rights associated therewith. CPAtools. shall be free to use and/or disseminate such submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the submissions that you provide, including their legality, reliability, appropriateness, originality and content.
12. Compliance with Intellectual Property Laws
When accessing CPAtools. or using the CPAtools. financial tools, you agree to obey the law and you agree to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright, trademark and other intellectual property ownership. You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content in violation of any third party’s copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit or that is provided or transmitted using your CPAtools. user account.
CPAtools. has adopted a policy that provides for the immediate removal of any content, article or materials that have infringed on the rights of CPAtools. or of a third party or that violate intellectual property rights generally. CPAtools.’s policy is to remove such infringing content or materials and investigate such allegations immediately.
Copyright Infringement:
A. Notice. CPAtools. has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. The Company has adopted a policy that provides for the immediate suspension and/or termination of any Site or Service user who is found to have infringed the rights of the Company or of a third party, or otherwise violated any intellectual laws or regulations. The Company’s policy is to act expeditiously upon receipt of proper notification of claimed copyright infringement to remove or disable access to the allegedly infringing content. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want the Company to delete, edit, or disable the material in question, you must provide the Company with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; (4) Information reasonably sufficient to permit the Company to contact you, such as an address, telephone number, and, if available, email address; (5) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. The above written information must be sent to our registered Copyright Agent:
Copyright Agent
c/o CPAtools
93 S. Jackson St. #96929
Seattle, WA 98104-2818
rob [at] cpatools.net
B.Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your Content, you may send a written counter-notice containing the following information to the Copyright Agent: (1) Your physical or electronic signature; (2) Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled; (3) A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and (4) Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in Seattle, Washington, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the Copyright Agent, the Company may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at the Company’s sole discretion.
13. Inappropriate Content
When accessing the Site, any Applications, or using CPAtools.’s Services, you agree not to upload, download, display, perform, transmit or otherwise distribute any content that: (i) is libelous, defamatory, obscene, pornographic, abusive or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. CPAtools. reserves the right to terminate or delete such material from its servers. CPAtools. will cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.
14. Compliance with Export Restrictions
You may not access, download, use or export the Site, Applications, or the Materials in violation of United States export laws or regulations or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority and to assume sole responsibility for obtaining licenses to export or re-export as may be required. You acknowledge and agree that the Materials are subject to the United States Export Administration Laws and Regulations and agree that none of the Materials or any direct product therefrom is being or will be acquired for, shipped, transferred or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or used for any prohibited purpose.
15. Personal Use
The site is made available for your personal use on your own behalf.
16. Children
Minors are not eligible to use the Site or Applications and we ask that they do not submit any personal information to us.
17. Copyrights
All Site design, text, graphics, the selection and arrangement thereof, Copyright © CPAtools. ALL RIGHTS RESERVED.
18. Trademarks
CPAtools logo, all images and text, and all page headers, custom graphics and button icons are service marks, trademarks and/or trade dress of CPAtools. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
19. Inquiries
BY USING CPAtools.’S SERVICES OR ACCESSING THE CPAtools. SITE OR APPLICATIONS, YOU ACKNOWLEDGE AND ACCEPT THAT SUBMITTING YOUR TELEPHONE NUMBER TO CPAtools. VIA THE CPAtools. SITE OR APPLICATIONS CONSTITUTES AN INQUIRY TO CPAtools., AND THAT CPAtools. MAY CONTACT YOU AT THE NUMBER SUBMITTED EVEN IF SUCH NUMBER APPEARS ON ANY STATE OR FEDERAL DO NOT CALL LISTS (TAKING INTO ACCOUNT INQUIRY EXCEPTION TIME FRAMES AS APPROPRIATE).
20. Acknowledgement
BY USING CPAtools SERVICES OR ACCESSING THE CPAtools. SITE OR APPLICATIONS, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.
Updated January 19, 2013