Terms
of Use
AHACPA 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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