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TERMS OF USE

 

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. By accessing or using the website offered by Wolfe Accounting & Consulting (the “COMPANY,” “we,” “us” or “our”) at www.acountingwolfe.com and all associated pages and services (referred to as our “Website” or “Site”) and collectively may be referred to as the “Services.” You (the “User”, “your” or “you”) confirm that you have read, understand, and agree to be bound by these terms of use (“Terms of Use”). 

Your use of the Site and Services is conditional on your adherence to these Terms of Use. IF YOU ARE UNWILLING TO BE BOUND BY THESE TERMS OF USE, DO NOT ACCESS OR USE THE SITE OR SERVICES.

PLEASE BE AWARE THAT SECTION 16 OF THESE TERMS OF USE, BELOW, CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS THAT YOU AND COMPANY HAVE AGAINST EACH OTHER ARE RESOLVED. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE YOU TO SUBMIT CLAIMS THAT YOU HAVE AGAINST COMPANY TO BINDING AND FINAL ARBITRATION. YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST COMPANY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.

  1. The Site and its contents may only be accessed for personal use. No material from COMPANY or any web site owned, operated, licensed or controlled by COMPANY may be used for any commercial or resale purposes.  Furthermore, no materials may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download copies of the materials for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of COMPANY’ copyright and other proprietary rights.

 

  1. For purposes of this Terms of Use, the use of any such material on any other web site or networked computer environment is prohibited. All trademarks, service marks, and trade names (collectively, the “Marks”) are proprietary to COMPANY or other respective owners that have granted COMPANY the right and license to use such Marks. Any use of content or descriptions; any derivative use of this Site or its contents; and any use of data mining, robots, or similar data gathering and extraction tools is strictly prohibited.  In no event shall the user frame any portion of the Site or any content contained therein.

 

  1. While COMPANY uses reasonable efforts to include accurate and up-to-date information on the Site, COMPANY makes no warranties or representations as to its accuracy. COMPANY assumes no liability or responsibility for any errors or representations in the content of this Site.

 

  1. The Site may contain links to other sites on the Internet that are owned and operated by vendors and other third parties (the “External Sites”). You acknowledge that COMPANY is not responsible for the availability of, or the content located on or through, any External Sites. You should contact the website administrator for those External Sites if you have any concerns regarding such links or the content located on such External Sites.

 

  1. The Site may contain areas in which additional terms and conditions apply. For purposes of the use of such areas, in the event of a conflict between the terms and conditions of such other areas and these Terms of Use, the terms and conditions of the other area shall prevail. COMPANY may at any time revise these Terms of Use by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the current Terms of Use to which you are bound.

 

  1. You shall not transmit to COMPANY or upload to this Site any Harmful Code or use or misappropriate the data on this Site for your own commercial gain. “Harmful Code” shall mean any software (sometimes referred to as “viruses,” “worms,” “trojan horses,” “time bombs,” “time locks,” “drop dead devices,” “traps,” “access codes,” “cancelbots” or “trap door devices”) that: (a) is intentionally designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or communication, based on any event, including for example but not limited to (i) exceeding a number of copies, (ii) exceeding a number of users, (iii) passage of a period of time, (iv) advancement to a particular date or other numeral, or (v) use of a certain feature; or (b) would enable an unauthorized person to cause such result; or (c) would enable an unauthorized person to access another person’s information without such other person’s knowledge and permission.

 

  1. COMPANY may collect, use and share your personal information in accordance with its Privacy Policy.

 

  1. We may terminate your access to our Site for any reason.

 

  1. THE MATERIALS ON THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. COMPANY SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY CONTENT OR MATERIALS POSTED ON THE SITE. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO THE APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. 

 

  1. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL COMPANY OR ITS THIRD PARTY LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THIS SITE AND/OR THE MATERIALS ON THIS SITE, EVEN IF COMPANY OR AN COMPANY AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF THE LIMITATION OF LIABILITY OR THE EXCLUSION OF IMPLIED WARRANTIES SET FORTH ABOVE IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, COMPANY’S MAXIMUM AGGREGATE LIABILITY FOR ANY TYPE OF DAMAGES IN CONNECTION WITH THE SITE FOR ANY REASON SHALL BE LIMITED TO $100.

 

  1. Disputes, Governing Law, Venue, and Jurisdiction.

By accessing the Site, you agree that these Terms of Use shall be governed by the laws of the State of Colorado without regard to its conflict of law provisions.  For any cause of action initiated against COMPANY relating to these Terms of Use, you and COMPANY agree to submit to the exclusive and personal jurisdiction of the courts located in Arapahoe County, Colorado.

Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of that right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, then we nevertheless agree that the court should endeavor to give effect to the intentions reflected in the provision, and the other provisions of these Terms of Use shall remain in full force and effect. The language of these Terms of Use shall be construed as to its fair meaning and not strictly for or against any party.

  1. Sections 10, and 12 through 16 shall survive the termination of these Terms of Use.