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HTML clipboardAHACPA maintains this site as a service to its members.
By using this site you agree to comply with and be bound by the following terms
of use. Please review the following terms carefully. If you do not agree to these
terms, you should not review information or obtain documents from this site.
Ownership. All information, materials,
forms, agreements, documents and other items on this site (Content) are owned by
AHACPA. You have no ownership interest in Content. AHACPA grants you a limited license
to view and use Content as described in Section 2 ("License"). Content are protected
under applicable copyright, trademark, trade secret and other intellectual property
laws in the United States and around the world. You have no other right to view,
use, copy, perform, display or modify Content except as described in Section 2 ("License").
AHACPA may modify, add to or delete any Content at any time, without notice to or
permission from you or any third party.
License. Subject to your performance
of your obligations under this Agreement, AHACPA hereby grants you a limited, revocable,
nonexclusive, nontransferable license (without the right to grant sublicenses) to
view and use this site and the Content solely for your own internal business purposes.
You may not republish, "mirror", "frame", transfer or otherwise make available to
third parties this site or its Content except with the prior written consent of
AHACPA.
Documents. You understand and agree
that the materials may contain sample or form agreements, letters or other documents
(Documents). Documents may include financially or legally significant documents,
such as contracts, leases, balance sheets, assignments and other items, and are
provided to you solely as examples of typical documents of their kind. The delivery
and use of Documents does not constitute legal, accounting or other professional
advice, and you are urged to consult an appropriate professional licensed in your
jurisdiction before using any Documents. You therefore assume all risk associated
with Documents and agree to defend, indemnify and hold harmless AHACPA, its parent,
subsidiaries, affiliated companies, agents, shareholders, employees and officers
from and against any and all claims, demands, threats, suits or proceedings, or
any losses or liabilities (including attorneys' fees and costs) associated with
them, arising from any breach of this agreement by you or any use by you of this
site or the Content, including, without limitation, the Documents.
Registration and Personal Information. You may have the opportunity
to provide certain personal information at this site directly to AHACPA. The collection
or use of personal information by AHACPA shall be governed by the AHACPA Privacy
Statement, as modified from time to time by AHACPA; the terms of such Privacy Policy
are hereby incorporated into this Agreement by reference.
Community. This site contains areas such as message boards, mailing
lists and directories (Site Facilities) where you may share information with other
users. You agree that if you use any Site Facilities, you shall not share, post,
transmit or otherwise disseminate any unlawful, defamatory, libelous, threatening,
abusive, offensive, racist, vulgar, harassing, pornographic or obscene material
of any kind, or Content that would infringe or violate the rights of any person
or constitute a criminal offense or otherwise violate any applicable local, state,
national or foreign law. You understand and agree that you shall not use the Site
Facilities for advertising or commercial promotion of yourself or any third party.
AHACPA does not monitor Site Facilities on a regular basis, but may do so without
notice to or permission from you or any third party. AHACPA shall have the right,
but not the obligation, to remove any Content from Site Facilities as AHACPA sees
fit at any time. You understand and agree that AHACPA, its parent, subsidiaries,
affiliated companies, agents, shareholders, employees and officers shall have no
liability whatsoever for any Content contained or shared at Site Facilities.
Disclaimer. This site and the Content
are provided on an as is basis, without any warranty whatsoever. Without limiting
the generality of the foregoing, hereby disclaims all warranties, express, implied,
statutory or arising from course of dealing, including all implied warranties of
merchantability, fitness for a particular purpose, title or no infringement of third
party rights. This site and its Content may be incorrect, out of date, inappropriate
for any particular transaction, may contain "bugs," errors and defects, and may
not operate error-free or produce results as expected.
Damages.
In no event shall AHACPA, its parent, subsidiaries, affiliated companies, agents,
shareholders, employees or officers have any liability hereunder to you or any third
party for any indirect, special, incidental or consequential damages (including
damages for loss of business, loss of profits, litigation or the like), whether
based on breach of contract, breach of warranty, tort (including negligence), product
liability or otherwise, even if advised of the possibility of such damages. In no
event shall the aggregate liability of AHACPA, its parent, subsidiaries, affiliated
companies, agents, shareholders, employees and officers exceed one hundred dollars
($100), regardless of the cause of action, whether in contract, tort or otherwise.
The negation of damages set forth above are fundamental elements of the basis of
the bargain between AHACPA and you. This site and the Content would not be provided
without such limitations.
General.
This Agreement constitutes the entire and only agreement between AHACPA and you
regarding this site, and supersedes all prior or contemporaneous agreements, representations,
warranties and understandings with respect to this site, the information provided
by or through this site, and the subject matter of this Agreement. You agree to
review this Agreement prior to reviewing any information or obtaining any documents
from this site. Any action related to this Agreement shall be governed by the substantive
laws of the State of Utah, without regard to conflicts of laws principles. The State
and Federal courts located in Salt Lake City, Utah shall have sole jurisdiction
over any dispute arising hereunder, and the parties hereby consent to the personal
jurisdiction of such courts and to extraterritorial service of process. The United
National Convention on Contracts for the International Sale of Goods shall not apply
to this Agreement. Neither this Agreement nor any rights hereunder may be assigned
by operation of law or otherwise, in whole in part, by you without the prior written
consent of AHACPA. Any purported assignment without such permission shall be void.
AHACPA may assign this Agreement, in whole or in part, without notice to you. Any
waiver of any rights of either party must be in writing, signed by the waiving party,
and any such waiver shall not operate as a waiver of any future breach of this Agreement.
In the event any portion of this Agreement is found to be illegal or unenforceable,
such portion shall be severed, and the remaining terms shall be separately enforced.
The language in this Agreement shall be interpreted as to its fair meaning and not
strictly for or against either party. This Agreement may be modified or amended
only in writing, signed by both parties. Any purported modification or amendment
inconsistent with the foregoing shall be void. In the event of any conflict between
this Agreement and the Privacy Policy or any other terms on this site, this Agreement
shall control.
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