Trademark Information
Ask This CFO, Ask This CFO Logo among others, are registered trademarks and/or registered
service marks of Ask This CFO Inc., or one of its subsidiaries, in the United States
and other countries. For more information on Ask This CFO's trademarks, please see
our Trademark Information and Restrictions page.
Copyright Information
Ask This CFO's products, services, Web content and related materials (collectively,
"Offerings") are owned by Ask This CFO and/or its licensors, and all rights
in such Offerings are reserved by Ask This CFO and/or its licensors. For information
regarding permission to use screen displays and other content, please see Ask This
CFO's Permissions Policy.
Persons who believe that their copyrights have been infringed via Ask This CFO sites
may notify Ask This CFO's Designated Agent. All notices must comply with the requirements
of U.S. Copyright Act Section 512(d) and regulations promulgated thereunder, each
as amended. Such notices not complying with these requirements will be returned
unprocessed. No other notices of any type, including requests for information, purchase
or technical support questions, notices of infringement of third-party trademark
or patent rights, employment inquiries, press inquiries, or investor inquiries,
will be read or answered under this Agent and Agent Address.
Designated Agent and Address of Agent:
Attn: Legal Department – Copyright Agent
Ask This CFO Inc.
Telephone: (617) 852-8066
Email: copyright@AskThisCFO.com
Welcome to the Ask This CFO Internet site (the "Site",
"Service"). These Terms of Service together with Ask This CFO Inc.'s Privacy
Statement (collectively the "Terms") govern your use of this Site. Ask
This CFO may change the Terms of Service from time to time. Your access to the site
in any way is evidence of your acceptance of the Terms and the enforcement of said
Terms. If you do not agree to these terms and conditions, you may not use the Site.
Ask This CFO reserves the right, in its sole discretion, to change, modify, or otherwise
alter these Terms at any time effective upon posting of the modified Terms on the
Site. Please review the Terms periodically. Your continued use of the Site or any
materials or services accessible through it, after such posting or notification
means you accept the modifications. The use by you of any content or services accessible
through the Site may be subject to your acceptance of separate agreements with Ask
This CFO or third parties.
License and Site Access. Ask This CFO grants you a limited license
to access and make personal use of the Site. You may not download (other than page
caching), or modify any portion of it, except with the express written or e-mailed
consent of Ask This CFO. The license to use the Site does not include any resale
or commercial use of the Site or its contents; or any derivative use of this Site
or its contents; or any use of data mining, robots or similar data gathering and
extraction tools or processes. You agree not to store in any form, distribute, transmit,
display, reproduce, modify, create derivative works from, sell or otherwise exploit
any of the content on this site for any commercial purpose. By using the Site, you
warrant to Ask This CFO that you will not use the Site, or any of the content obtained
from the Site, for any purpose that is unlawful or prohibited by these Terms. Ask
This CFO does not grant any license or other authorization to any user of its trademarks,
registered trademarks, service marks, or other copyrightable material or other intellectual
property, by placing them on this Website. If you violate any of these Terms, your
permission to use the Site automatically terminates.
In consideration of your use of the Site, you agree to: (a) provide true, accurate,
current and complete information about yourself as prompted by the registration
form, if applicable, and (b) to maintain and update this information to keep it
true, accurate, current and complete. If any information provided by you is untrue,
inaccurate, not current or incomplete, Ask This CFO has the right to terminate your
account and refuse any and all current or future use of the Site. You agree not
to resell or transfer the Site or use of or access to the Site.
Electronic Communications. When you visit the Site or send e-mails
to us, you are communicating with us electronically. You consent to receive communications
from us electronically. We will communicate with you by e-mail or by posting notices
on this site. You agree that all agreements, notices, disclosures and other communications
that we provide to you electronically satisfy any legal requirement that such communication
be in writing. You are responsible for providing, at your expense, any access to
the Internet and any required equipment.
Conduct. By using the Site you agree that you will not do any of the
following:
Restrict or inhibit any other user from using and enjoying the Site; or
Post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic,
profane, threatening, abusive, hateful, offensive, or otherwise objectionable information
of any kind, including without limitation any transmissions constituting or encouraging
conduct that would constitute a criminal offense, give rise to civil liability,
or otherwise violate any local, state, national or foreign law, including without
limitation the U.S. export control laws and regulations; or
Post or transmit any advertisements, solicitations, chain letters, pyramid schemes,
investment opportunities or schemes or other unsolicited commercial communication
(except as otherwise expressly permitted by Ask This CFO) or engage in spamming
or flooding; or
Post or transmit any information or software which contains a virus, trojan horse,
worm or other harmful component; or
Post, publish, transmit, reproduce, distribute or in any way exploit any information,
software or other material obtained through the Site for commercial purposes (other
than as expressly permitted by the provider of such information, software or other
material); or
Upload, post, publish, transmit, reproduce, or distribute in any way, information,
software or other material obtained through the Site which is protected by copyright,
or other proprietary right, or derivative works with respect thereto, without obtaining
permission of the copyright owner or right holder.
Ask This CFO has no obligation to monitor the Site. However, you acknowledge and
agree that Ask This CFO has the right to monitor the Site electronically from time
to time and to disclose any information as necessary or appropriate to satisfy any
law, regulation or other governmental request, to operate the Service properly,
or to protect itself or its subscribers. Ask This CFO will not intentionally monitor
or disclose any private electronic-mail message unless required by law. Ask This
CFO reserves the right to refuse to post or to remove any information or materials,
in whole or in part, that, in its sole discretion, are unacceptable, undesirable,
inappropriate or in violation of these Terms of Service.
Feedback. Ask This CFO may provide you with a mechanism to provide
feedback, suggestions and ideas, if you choose, about its software and services
("Feedback"). You agree that Ask This CFO may, in its sole discretion,
use the Feedback you provide to Ask This CFO in any way, including in future modifications
of the Site, multimedia works and/or advertising and promotional materials relating
thereto. You hereby grant Ask This CFO a perpetual, worldwide, fully transferable,
irrevocable, royalty free license to use, reproduce, modify, create derivative works
from, distribute and display the Feedback in any manner and for any purpose.
Third Party Services. In connection with your use of the Site,
you may be made aware of services, products, offers and promotions provided by third
parties, and not by Ask This CFO. If you decide to use Third Party Services, you
are responsible for reviewing and understanding the terms and conditions governing
any Third Party Services. You agree that the third party, and not Ask This CFO,
is responsible for the performance of the Third Party Services.
Third Party Web Sites. The Site may contain or reference links
to Web sites operated by third party ("Third Party Websites"). These links
are provided as a convenience only. Such Third Party Websites are not under the
control of Ask This CFO. Ask This CFO is not responsible for the content of any
Third Party Website or any link contained in a Third Party Website. Ask This CFO
does not review, approve, monitor, endorse, warrant, or make any representations
with respect to Third Party Websites, and the inclusion of any link in the Service
is not and does not imply an affiliation, sponsorship, endorsement, approval, investigation,
verification or monitoring by Ask This CFO of any information contained in any Third
Party Website. In no event will Ask This CFO be responsible for the information
contained in such Third Party Website or for your use of or inability to use such
website. Access to any Third Party Website is at Licensee's own risk, and Licensee
acknowledges and understands that linked Third Party Websites may contain terms
and privacy policies that are different from those of Ask This CFO. Ask This CFO
is not responsible for such provisions, and expressly disclaims any liability for
them.
Disclaimer of Warranties. Your use of the Site, including any applets,
software, and content contained therein, is entirely at your own risk. THE SERVICE
IS PROVIDED "AS IS," AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, ASK THIS CFO, ITS AFFILIATES, LICENSORS, THIRD-PARTY CONTENT OR SERVICE PROVIDERS,
DISTRIBUTORS, DEALERS AND SUPPLIERS (COLLECTIVELY "SUPPLIERS") DISCLAIM
ALL GUARANTEES AND WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY REGARDING
THE SITE AND RELATED MATERIALS INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR
PURPOSE, TITLE, MERCHANTABILITY AND NON-INFRINGEMENT. ASK THIS CFO DOES NOT WARRANT
OR GUARANTEE THE ACCURACY, RELIABILITY, COMPLETENESS, USEFULNESS, NON-INFRINGEMENT
OF INTELLECTUAL PROPERTY RIGHTS, OR QUALITY OF ANY CONTENT ON THE SITE, REGARDLESS
OF WHO ORIGINATES THAT CONTENT. ASK THIS CFO DOES NOT WARRANT THAT THE SITE IS SECURE,
FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION OR THAT THE
SITE WILL MEET YOUR REQUIREMENTS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOU BEAR
ALL RISKS ASSOCIATED WITH USING OR RELYING ON THAT CONTENT. ASK THIS CFO IS NOT
LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY CONTENT POSTED ON OR LINKED FROM THE SITE,
INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN CONTENT, OR FOR ANY LOSSES
OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF OR RELIANCE ON ANY CONTENT.
Limitation of Liability. THE ENTIRE CUMULATIVE LIABILITY OF ASK
THIS CFO AND ITS SUPPLIERS FOR ALL MATTERS ARISING FROM OR RELATING TO THESE TERMS
SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER FOR THE RELATED SERVICES OR
CONTENT PURCHASED FROM ASK THIS CFO, ITS AUTHORIZED RESELLER OR ITS SERVICE PROVIDERS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ASK THIS CFO AND ITS SUPPLIERS
SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL
DAMAGES OR FOR DAMAGES RELATING TO TELECOMMUNICATION FAILURES, LOSS, CORRUPTION,
SECURITY OR THEFT OF DATA, VIRUSES, SPYWARE,OR THE LIKE, WHETHER BASED IN CONTRACT,
TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ASK THIS CFO
OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF
A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE
LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF
THE BARGAIN BETWEEN ASK THIS CFO AND YOU. ASK THIS CFO WOULD NOT BE ABLE TO HAVE
PROVIDED THE SERVICE WITHOUT SUCH LIMITATIONS.
Banking, Billing or Other Online Services. Access to Online Banking,
Online Payment, and any other services available through the Internet and selected
Ask This CFO products (the "Online Service") is provided by your financial
institution and not Ask This CFO. You agree not to hold Ask This CFO liable for
any loss or damage of any sort incurred as a result of any such dealings with any
services provided by your financial institution. Your access may be limited from
time to time, depending on the service provided by your Internet service provider
or your financial institution. You may be billed for these Online Services by your
financial institution, not Ask This CFO, and such financial institution may have
its own service agreement which will govern the Online Services it provides. You
agree to be responsible for all telephone charges associated with your Internet
and online service usage.
Termination and Amendment. Your privilege to use or access the
Site may be terminated by Ask This CFO immediately and without notice if you fail
to comply with any term or condition of the Terms. Upon such termination, you must
immediately cease accessing or using the Site and agree not to re-register or otherwise
make use of the Site. Furthermore, you acknowledge that Ask This CFO reserves the
right to take action -- technical, legal or otherwise -- to block, nullify or deny
your ability to access the Site. You understand that Ask This CFO may exercise this
right in its sole discretion.
Ask This CFO reserves the right, in its sole discretion, at any time and from time
to time to change, modify or discontinue, temporarily or permanently, the Site (or
any part thereof). Ask This CFO shall not be liable to you or other third party
for any such modification, suspension or discontinuance except as expressly provided
herein.
You agree to defend, indemnify and hold Ask This CFO and its affiliates harmless
from any and all claims, liabilities, costs and expenses, including reasonable attorneys'
fees, arising in any way from your use of the Service or the placement or transmission
of any message, information, software or other materials through the Service by
you or users of your account or related to any violation of these Terms by you or
users of your account.
Miscellaneous. Except as expressly set forth in these Terms, these
Terms of Service are a complete statement of the agreement between you and Ask This
CFO, and set forth the entire liability of Ask This CFO and its Suppliers and your
exclusive remedy with respect to your access and use of the Site. In the event of
a conflict between these Terms of Service and the Privacy Policy, these Terms of
Service shall prevail. The Suppliers, agents, distributors, dealers, and employees
of Ask This CFO are not authorized to make modifications to the Terms, or to make
any additional representations, commitments or warranties binding on Ask This CFO.
Any waiver of the terms herein by Ask This CFO must be in a writing signed by an
authorized officer of Ask This CFO and expressly referencing the applicable provisions
of the Terms. If any provision of the Terms is invalid or unenforceable under applicable
law, then it shall be changed and interpreted to accomplish the objectives of such
provision to the greatest extent possible under applicable law, and the remaining
provisions will continue in full force and effect. The Terms will be governed by
Massachusetts law as applied to agreements entered into and to be performed entirely
within Massachusetts, without regard to its choice of law or conflicts of law principles
that would require application of law of a different jurisdiction, and applicable
federal law. The parties hereby consent to the exclusive jurisdiction and venue
in the state courts in Boston, Massachusetts or federal court for the State of Massachusetts.
Headings are included for convenience only, and shall not be considered in interpreting
these Terms. The Terms do not limit any rights that Ask This CFO may have under
trade secret, copyright, patent or other laws.
You agree that regardless of any statute or law to the contrary, any claim or cause
of action arising out of or related to use of the Site or the Terms must be filed
within one (1) year after such claim or cause of action arose or be forever barred.
ASK THIS CFO TERMS OF SERVICE
A. ASK THIS CFO GENERAL TERMS OF SERVICE. Thank you for selecting
the Services offered by Ask This CFO Inc. or its Affiliates (referred to as "Ask
This CFO", "we", "our", or "us") on this website.
Please review these Terms of Service ("Agreement") thoroughly. This Agreement
is a legal agreement between you and Ask This CFO. By clicking "I AGREE,"
indicating acceptance electronically, accessing or using the Services, you agree
to these terms. If you do not agree to this Agreement, then do not indicate acceptance
of the Agreement, and do not use the Services.
1. AGREEMENT
1.1 This Agreement describes the terms governing your use of the
Ask This CFO online services provided to you on this website, including content,
updates and new releases, (collectively, the "Services"). It includes
by reference:
- Ask This CFO's Privacy Statement available on this website or provided to you in
writing for the Services you selected.
- Additional Terms and Conditions for the Services that you have selected, including
from third parties.
- Any terms provided separately to you for the Services, including for example, web
or email product or program terms, ordering, activation, pricing and payment terms,
if applicable, for the Services.
1.2 An "Affiliate" means all Ask This CFO companies and
subsidiaries that directly or indirectly, control or are controlled by Ask This
CFO, or are under the common control with Ask This CFO. As used in this Agreement,
control means equity ownership of fifty percent (50%) or greater interest in the
voting shares held by an entity.
2. YOUR RIGHTS TO USE THE SERVICES AND RESTRICTIONS
2.1 The Services are protected by copyright, trade secret, and
other intellectual property laws. You are only granted the right to use the Services,
and Ask This CFO reserves all rights of ownership in the Services not granted to
you in writing here. As long as you meet any applicable payment obligations and
comply with this Agreement, Ask This CFO grants to you a personal, limited, nonexclusive,
nontransferable right to use the Services that is valid only for the period of use
provided in the ordering and activation terms, and only for the purposes described
by Ask This CFO on the website for the Services.
2.2 You agree not to use the Services or content on this website
in a manner that violates any applicable law, regulation or this Agreement. For
example, unless authorized by Ask This CFO in writing, you agree you will not:
- Provide access to or give any part of the Services to any third party.
- Reproduce, duplicate, copy, deconstruct, sell, trade or resell the Services.
- Attempt to access any other Ask This CFO systems that are not part of these Services.
- Excessively overload the Ask This CFO systems used to provide the Services.
If you violate any of these terms, this Agreement and your right to use the Services
may be terminated by Ask This CFO in its sole discretion.
3. PAYMENT. For Services offered on a payment or subscription basis,
the following terms apply, unless Ask This CFO notifies you otherwise in writing.
This Agreement also incorporates by reference and includes program ordering and
payment terms provided to you on the website for the Services:
a. Payments will be billed to you in U.S. dollars, and your account
will be debited when you subscribe and provide your payment information, unless
stated otherwise in the program ordering or payment terms on the website for the
Services.
b. You must pay with one of the following:
- A valid credit card acceptable to Ask This CFO;
- A valid debit card acceptable to Ask This CFO;
- Sufficient funds in a checking or savings account to cover an electronic debit of
the payment due; or
- By another payment option Ask This CFO provides to you in writing.
c. If your payment and registration information is not accurate,
current, and complete and you do not notify us promptly when such information changes,
we may suspend or terminate your account and refuse any use of the Services.
d. Ask This CFO will automatically renew your monthly or annual
Services at the current rates, unless the Services are cancelled or terminated under
this Agreement.
e. Additional cancellation or renewal terms may be provided to
you on the website for the Services.
4. TRIAL PERIOD. If you registered for a trial use of the Services
("Trial Period"), you must decide to purchase the Services within the
Trial Period in order to retain any Content (defined in Section 6) that you have
posted or uploaded during the Trial Period. If you do not purchase the Services
by the end of the Trial Period, your Content will no longer be available to you,
and Ask This CFO will not be responsible for any of it. To be very clear, after
using the Services during the trial period, if you decide not to purchase the full
version of the Services, you will not be able to access or retrieve any of the data
you added/created during the trial.
5. YOUR PRIVACY AND PERSONAL INFORMATION. You can view Ask This
CFO's Privacy Statement on the website, or via a link on the website for the Services
you have selected. You agree to be bound by the applicable Ask This CFO Privacy
Statement, subject to change in accordance with its terms. Most importantly, you
agree:
- To Ask This CFO maintaining your data according to the Ask This CFO Privacy Statement,
as part of the Services.
- To give Ask This CFO permission to aggregate your uploaded, non-personally identifiable
account data with that of other users of the Service. By way of example, this means
that Ask This CFO may use that aggregated data to improve services, design promotions,
or provide ways for you to compare business practices with other users.
- Ask This CFO is a global company and may access or store personal information in
multiple countries, including countries outside of the European Union that may be
deemed to have inadequate protections. When you agree to these Terms of Service,
you agree to this practice.
6. CONTENT
6.1 You are responsible for your content. You are legally responsible
for all information, data, text, software, music, sound, photographs, graphics,
video, messages or other materials ("Content") uploaded, posted or stored
through your use of the Services. You grant Ask This CFO a worldwide, royalty-free,
non-exclusive license to host and use the Content in order to provide you with the
Services. You agree not use the Services for any illegal purpose or in violation
of any applicable local, state, federal or international law. You are encouraged
to archive your Content regularly and frequently. You are responsible for any Content
that may be lost or unrecoverable through your use of the Services. You must provide
all required and appropriate warnings, information and disclosure. You agree that
you will not use the Services to share, store, or in any way distribute financial
data that is not in accordance with the law. Any users suspected of having information
which involves fraud, embezzlement, money laundering, insider trading, support for
terrorism, or any other activity proscribed by law may have their accounts terminated,
their financial data erased, and they also may be reported to law enforcement officials
in the appropriate jurisdictions. Ask This CFO is not responsible for the Content
or data you submit on the website.
You agree not to use the Services to upload, post, distribute, link to, publish,
reproduce, engage in or transmit any of the following, including but not limited
to:
a. Illegal, fraudulent, libelous, defamatory, obscene, pornographic,
profane, threatening, abusive, hateful, harassing , offensive, inappropriate or
objectionable information or communications of any kind, including without limitation
conduct that would encourage or constitute an attack or "flaming" others,
or criminal or civil liability under any local, state, federal or foreign law;
b. Content or data that would impersonate someone else or falsely
represent your identity or qualifications, or that constitutes a breach of any individual's
privacy, including posting images about children or any third party without their
consent (or a parent's consent in the case of a minor);
c. Except as otherwise permitted by Ask This CFO in writing, advertisements,
solicitations, investment opportunities, chain letters, pyramid schemes, other unsolicited
commercial communication or engage in spamming or flooding;
d. Virus, trojan horse, worm or other disruptive or harmful software
or data; and
e. Any information, software or Content which is not legally yours
and may be protected by copyright or other proprietary right, or derivative works,
without permission from the copyright owner or intellectual property rights owner.
6.2 Community forums. The Services may include a community forum
to exchange information with other users of the Services and the public. Please
use respect when you interact with other users. Ask This CFO does not support and
is not responsible for the accuracy of others' content in these community forums.
Do not reveal information in the community forum that you do not want to make public.
Users may post hypertext links to content hosted and maintained by third parties
for which Ask This CFO is not responsible.
6.3 Ask This CFO may freely use feedback you provide. You agree
that Ask This CFO may use your feedback, suggestions, or ideas in any way, including
in future modifications of the Services, other products or services, advertising
or marketing materials. You grant Ask This CFO a perpetual, worldwide, fully transferable,
sublicensable, non-revocable, fully paid-up, royalty free license to use the feedback
you provide to Ask This CFO in any way.
6.4 Ask This CFO may monitor your content from time to time. Ask
This CFO may, but has no obligation to, monitor content on the Services. We may
disclose any information necessary or appropriate to satisfy our legal obligations,
protect Ask This CFO or its customers, or operate the Services properly. Ask This
CFO, in its sole discretion, may refuse to post, remove, or refuse to remove, any
Content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate,
or in violation of this Agreement.
7. ADDITIONAL TERMS YOU AGREE TO
7.1 Ask This CFO does not give professional advice. Ask This CFO
is not in the business of providing legal, financial, accounting, health care, real
estate or other professional services or advice. Consult the services of a competent
professional when you need this type of assistance.
7.2 We may tell you about other Ask This CFO services. You may
be offered other services, features, products, applications, online communities,
or promotions provided by Ask This CFO ("Ask This CFO Services"). If you
decide to use any of these Ask This CFO Services, additional terms and conditions
and separate fees may apply. You acknowledge that in accessing some Ask This CFO
Services you may upload or enter data from your account(s) such as names, addresses
and phone numbers, purchases, and sales among others, to the Internet. You grant
Ask This CFO permission to use information about your business and experience to
help us to provide the Ask This CFO Services to you, including updating and maintaining
your data, addressing errors or service interruptions, and enhancing the types of
data and services Ask This CFO may provide to you in the future. You grant Ask This
CFO permission to combine your business data, if any, with that of others in a way
that does not identify you or any individual personally. We may use this data to
improve services and to compare business practices with other company standards.
We may use your data to create, market or promote new Ask This CFO offerings to
you and others. You also grant Ask This CFO permission to share or publish summary
results relating to research data and to distribute or license such data to third
parties.
7.3 We may tell you about third party products or services. Subject
to the Ask This CFO Privacy Statement, you may be offered products or services by
third parties who are not affiliated with Ask This CFO ("Third Party Products")
or the Services may contain links to third party websites ("Third Party Sites")
and you agree that Ask This CFO can use your contact information, including name
and address, for the purpose of offering these products to you. If you decide to
use any Third Party Products or access any Third Party Sites, you are responsible
for reviewing the third party's separate product terms, website terms and privacy
policies. You agree that the third parties, and not Ask This CFO, are responsible
for their product's performance and the content on their websites. Ask This CFO
is not affiliated with these Third Party Products or Third Party Sites and has no
liability for them.
7.4 Communications choices. Ask This CFO may be required by law
to send you communications about the Services or Third Party Products. You agree
that Ask This CFO may send these communications to you via email or by posting them
on one of our sponsored websites, such as AskThisCFO.com. If you later decide that
you do not want to receive future Communications electronically, please review the
Privacy statement provided on the on the Services website to review your communications
choices.
7.5 You will track your passwords and accept updates. You are responsible
for securely managing your password(s) for access to the Services. If you become
aware of any unauthorized access to your Services account, theft or loss of your
password, you agree to contact Ask This CFO as soon as possible. The Services may
periodically be updated with tools, utilities, improvements, third party applications,
or general updates to improve and enhance the features and performance of the Services.
You agree to receive these updates automatically as part of the Services.
8. DISCLAIMER OF WARRANTIES
8.1 YOUR USE OF THE SERVICES, SOFTWARE, AND CONTENT IS ENTIRELY
AT YOUR OWN RISK. EXCEPT AS DESCRIBED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED
"AS IS." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ASK THIS CFO,
ITS AFFILIATES, AND ITS THIRD PARTY SERVICE OR DATA PROVIDERS, LICENSORS, DISTRIBUTORS
OR SUPPLIERS (COLLECTIVELY REFERRED TO AS, "SUPPLIERS") DISCLAIM ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SERVICES ARE FIT FOR A PARTICULAR
PURPOSE, TITLE, MERCHANTABILITY, DATA LOSS, NON-INTERFERENCE WITH OR NON-INFRINGEMENT
OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OR CONTENT
IN OR LINKED TO THE SERVICES. ASK THIS CFO AND ITS AFFILIATES AND SUPPLIERS DO NOT
WARRANT THAT THE SERVICES ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS,
THEFT OR DESTRUCTION. IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU,
ANY IMPLIED WARRANTIES ARE LIMITED TO 60 DAYS FROM THE DATE OF PURCHASE OR DELIVERY
OF THE SERVICES, WHICHEVER IS SOONER.
8.2 ASK THIS CFO AND ITS AFFILIATES AND SUPPLIERS DISCLAIM ANY
REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICES WILL SATISFY OR ENSURE
COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS. THIS DISCLAIMER APPLIES
TO BUT IS NOT LIMITED TO THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT
OF 1996 ("HIPAA"), THE GRAMM-LEACH-BLILEY ACT OF 1999, THE SARBANES-OXLEY
ACT OF 2002, OR OTHER FEDERAL OR STATE STATUTES OR REGULATIONS. YOU ARE SOLELY RESPONSIBLE
FOR ENSURING THAT YOUR USE OF THE SERVICES IS IN ACCORDANCE WITH APPLICABLE LAW.
9. LIMITATION OF LIABILITY AND INDEMNITY. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF ASK THIS CFO, AND ITS AFFILIATES
AND SUPPLIERS FOR ALL MATTERS OR CLAIMS RELATING TO THIS AGREEMENT SHALL BE LIMITED
TO THE AMOUNT YOU PAID FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO SUCH
CLAIM. SUBJECT TO APPLICABLE LAW, ASK THIS CFO AND ITS AFFILIATES AND SUPPLIERS
ARE NOT LIABLE FOR ANY OF THE FOLLOWING: (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE
OR CONSEQUENTIAL DAMAGES; (B) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS,
THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF
DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, OR USE
OF SOFTWARE OR HARDWARE THAT DOES NOT MEET ASK THIS CFO SYSTEMS REQUIREMENTS. THE
ABOVE LIMITATIONS APPLY EVEN IF ASK THIS CFO AND ITS AFFILIATES AND SUPPLIERS HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT SETS FORTH THE ENTIRE
LIABILITY OF ASK THIS CFO, ITS AFFILIATES AND YOUR EXCLUSIVE REMEDY WITH RESPECT
TO THE SERVICES AND ITS USE.
You agree to indemnify and hold Ask This CFO and its Affiliates and Suppliers harmless
from any and all claims, liability and expenses, including reasonable attorneys'
fees and costs, arising out of your use of the Services or breach of this Agreement
(collectively referred to as "Claims"). Ask This CFO reserves the right,
in its sole discretion and at its own expense, to assume the exclusive defense and
control of any Claims. You agree to reasonably cooperate as requested by Ask This
CFO in the defense of any Claims.
10. CHANGES TO THIS AGREEMENT OR THE SERVICES. We may change this
Agreement from time to time, and the changes will be effective when posted on our
website for the Services or when we notify you by other means. Please review the
Agreement periodically on this website for changes. We have the right to change
any of the terms of this Agreement upon reasonable notice to you. We may also change
or discontinue the Services, in whole or in part, including but not limited to,
the Internet based services, pricing, technical support options, and other product-related
policies. Your continued use of the Services after Ask This CFO posts or otherwise
notifies you of any changes, indicates your agreement to the changes.
11. TERMINATION. Ask This CFO may immediately and without notice
terminate this Agreement or suspend the Services provided to you, if you fail to
comply with these terms or if you no longer agree to receive electronic communications
(see Section 7.4). Upon termination you must immediately stop using the Services
and any outstanding payments will become due. Any termination of this Agreement
shall not affect Ask This CFO's rights to any payments due to it. Ask This CFO may
terminate a free account at any time. Other requirements regarding termination or
cancellation of the Services may apply based on the specific ordering terms for
the Services provided to you. Sections 1.2, 5, 8 through 15 will survive and remain
in effect even if the Agreement is terminated, cancelled or rescinded.
12. EXPORT RESTRICTIONS. You acknowledge that this website, the
Services, and the underlying software may include U.S. technical data subject to
restrictions under export control laws and regulations administered by the United
States government. You agree that you will comply with these laws and regulations,
and will not export or re-export the Services, or any part of the Services, in violation
of these laws and regulations, directly or indirectly. You also agree not to provide
access to any part of the Services to anyone who you have reason to know may use
the Services in the development of nuclear, chemical, or biological weapons.
13. GOVERNING LAW AND JURISDICTION. Massachusetts state law governs
this Agreement without regard to its conflicts of laws provisions. To resolve any
legal dispute arising from this Agreement, you and Ask This CFO agree to the exclusive
jurisdiction of state courts in Suffolk County, Massachusetts U.S.A. or federal
court for the Boston District Court of Massachusetts. Ask This CFO does not represent
that information on the website for the Services is appropriate or available for
use in all countries. Ask This CFO prohibits accessing materials from countries
or states where contents are illegal. You are accessing this website on your own
initiative and you are responsible for compliance with all applicable laws.
14. LANGUAGE. Any translation of this Agreement is done for local
requirements and in the event of a dispute between the English and any non-English
version, the English version of this Agreement shall govern. The parties hereby
confirm that they have requested that this Agreement and all related documents be
drafted in English.
15. GENERAL. This Agreement is the entire agreement between you
and Ask This CFO and replaces all prior understandings, communications and agreements,
oral or written, regarding its subject matter. This Agreement may be modified only
by a written amendment signed by the parties or as provided in this Agreement in
Section 10 above. If any court of law, having the jurisdiction, rules that any part
of this Agreement is invalid, that section will be removed without affecting the
remainder of the Agreement. The remaining terms will be valid and enforceable. The
United Nations Convention on Contracts for the International Sale of Goods does
not apply to this Agreement. You cannot assign or transfer ownership of this Agreement
to anyone without the prior written approval of Ask This CFO.
However, Ask This CFO may assign or transfer it without your consent to (a) an Affiliate,
(b) another company through a sale of assets by Ask This CFO or (c) a successor
by merger. Any assignment in violation of this Section shall be void. If you want
to request a transfer of this Agreement or if your company is acquired by or merged
into another company, contact Ask This CFO via an email to: transfer_license@Ask
This CFO.com.
B. ADDITIONAL TERMS AND CONDITIONS FOR THE SERVICES
Your use of the Services provided by Ask This CFO are subject to the General
Terms of Service above including these Additional Terms and Conditions which govern
your use of the Services indicated below. These Additional Terms and Conditions
shall prevail over any conflict or inconsistency with the General Terms of Service
above.
ASK THIS CFO DOCUMENT MANAGEMENT / ASK THIS CFO QUICKBOOKS ATTACHED DOCUMENTS
("CFO INSIGHT Attached Services").
IMPORTANT NOTICE. IF YOU ARE accessing, browsing, crawling, scraping or in any
way USING THE CFO INSIGHT ATTACHED SERVICES website and/or the Services offered
on that website, THE FOLLOWING TERMS APPLY TO YOU IN ADDITION TO THE GENERAL TERMS
OF SERVICE ABOVE. Capitalized terms not otherwise defined below have the meanings
provided in the General Terms of Service above.
1. USER ACCOUNTS. To use the CFO INSIGHT Attached Services, you
may be required to create an account and provide information about yourself to us.
You are responsible for all activities that occur in connection with your account
and for maintaining the confidentiality of your account password. You agree to notify
us immediately of any unauthorized use of your account. Ask This CFO reserves the
right to suspend access to or close your account at any time for any or no reason.
You may not impersonate someone else, provide an email address other than your own,
or create multiple accounts for the same individual or business. You must provide
complete and accurate information about yourself and, if applicable, the business
you represent.
2. USE WITH A MOBILE DEVICE. Mobile access to the CFO INSIGHT Attached
Services may not be available for all mobile devices or telecommunication providers.
You will need to check the CFO INSIGHT Attached Services website to ensure your
mobile device and telecommunications provider is compatible with the CFO INSIGHT
Attached Services. Ask This CFO is not obligated to provide a compatible version
of the CFO INSIGHT Attached Services for all mobile devices or telecommunication
providers, which are subject to change by Ask This CFO at any time with reasonable
notice to you. Your access to the CFO INSIGHT Attached Services via a mobile device
is also subject to the following: (i) telecommunications provider's rates and fees,
which are your sole responsibility; and (ii) the terms of your agreement with your
mobile device and your telecommunications provider.
IN ADDITION TO ALL DISCLAIMERS OF WARRANTIES SET FORTH IN THE AGREMENT, ASK THIS
CFO MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED
AS TO:
(i) THE OPERATION, FUNCTIONALITY, OR AVAILABILITY OF TELECOMMUNICATION
SERVICES FROM YOUR PROVIDER AND ACCESS TO THE CFO INSIGHT ATTACHED SERVICES AT ANY
PARTICULAR TIME OR FROM ANY PARTICULAR LOCATION;
(ii) ANY LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES,
INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES;
AND
(iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES, TIMELINESS,
DELETION, MISDELIVERY OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR PERSONALIZATION
SETTINGS IN CONNECTION WITH YOUR USE OF THE CFO INSIGHT ATTACHED SERVICES.
3. UPLOADED DATA; CONTENT.
3.1 You agree and acknowledge that you are solely responsible for
all data and other Content you upload to the CFO INSIGHT Attached Services. Ask
This CFO does not control the data or other Content stored within users' accounts
and does not have any obligation to monitor such data or Content for any purpose.
3.2 In addition to any use limitations or other restrictions stated
in the General Terms of Service, you acknowledge and agree that your account may
be subject to limitations on storage, and/or the quantity, size and format of the
data or other Content permitted for upload to the CFO INSIGHT Attached Services.
Ask This CFO reserves the right to change such limitations from time to time, and
the changes will be effective when posted on the CFO INSIGHT Attached Services website
or when we notify you by other means.
3.3 When you upload data or other Content to the CFO INSIGHT Attached
Services, please be advised that the CFO INSIGHT Attached Services does not perform
any virus-checking or other scanning for harmful code and the original resolution
of your Content may be affected. You are solely responsible for any data or Content
that may be lost or unrecoverable through your use of the CFO INSIGHT Attached Services.
3.4 You acknowledge that Ask This CFO and its licensees may display
advertisements and other information adjacent to or included with your data or Content
on and through the CFO INSIGHT Attached Services, and you are not entitled to any
compensation for such advertisements. You further acknowledge and agree that Ask
This CFO reserves the right to change the manner, mode and extent of such advertising
at any time, in its sole discretion, with or without notice.
3.5 You acknowledge that as an active subscriber to the CFO INSIGHT
Attached Service you may be offered additional discounts, products and services
at Ask This CFO's discretion, when and if they become available.
4. PAYMENT. You will be charged the applicable subscription fee
on a recurring monthly basis for the CFO INSIGHT Attached Services. Ask This CFO
reserves the right to immediately terminate access to CFO INSIGHT Attached Services
in the event your payment method is declined, or if there are any settlement failures
or chargebacks in connection with the recurring billing for your account.
5. UPGRADES/ DOWNGRADES. If you wish to upgrade to a higher tier
CFO INSIGHT Attached Services subscription, or downgrade to a lower tier CFO INSIGHT
Attached Services subscription, please contact customer service.
(a) If you upgrade to a higher-priced tier, you will receive a
pro-rated refund for the remainder of the lower-tier subscription amount. You will
then be charged the entire higher-tier subscription amount to reflect the higher
pricing of your new higher-tier subscription. Your new subscription period will
start on the day you pay for the new higher-tier subscription.
(b) If you downgrade to a lower-priced tier, you will receive a
pro-rated refund for the remainder of the higher-tier subscription amount. You will
then be charged the entire lower-tier subscription amount to reflect the lower pricing
of your new lower-tier subscription. Your new subscription period will start on
the day you pay for the new lower-tier subscription.
(c) If you wish to subscribe to the CFO INSIGHT Attached Services
as part of a support or bundle plan and were previously subscribed to the CFO INSIGHT
Attached Services standalone, you will not receive a refund for the remainder of
the billing period for the standalone product. No discounts will be given on the
bundled services for previous standalone subscribers.
(d) If you wish to switch from using the CFO INSIGHT Attached Services
as part of a support or bundle plan to using the CFO INSIGHT Attached Services standalone,
you will not receive a refund for the remainder of the billing period for the support
or bundle plan. You will not have access to any data or Content you entered to the
CFO INSIGHT Attached Services as part of the support or bundle plan and you will
need to re-enter data or Content into the standalone CFO INSIGHT Attached Services.
No discounts will be given on the standalone services for previous support or bundle
plan subscribers.
6. CANCELLATION. Upon cancellation you will be able to access the
CFO INSIGHT Attached Services, data and other Content you uploaded to the CFO INSIGHT
Attached Services only through the end of the subscription term, as specified in
the product or product program pages on http://www.Ask
This CFO.com.
After the subscription term ends, you will not have any access to the CFO INSIGHT
Attached Services, data and other Content you uploaded. There are no refunds upon
cancellation. Please follow product instructions to cancel your account.
Software License Agreement
A. ASK THIS CFO GENERAL TERMS. Thank you for selecting the software
offered by Ask This CFO Inc. and/or its subsidiaries ("Ask This CFO,"
"we," "our" or "us"). This software license agreement
together with Ask This CFO's Privacy Statement provided to you on the website or
documentation for the Ask This CFO software you have selected and the Additional
Terms and Conditions for the Services (collectively, the "Agreement")
is a legal agreement between you ("you," "your," "licensee"),
and Ask This CFO. It gives you certain rights and responsibilities depending on
the software license you selected, purchased or subscribed to as more fully described
below (collectively, the "Software"). By clicking I AGREE, and/or accessing
or using the Software, you indicate that you have read and understood and agree
to be bound by the terms of this Agreement. If you do not agree to the terms of
this Agreement, you are not granted any rights whatsoever in the Software, and you
will not be able to access or use the Software. Your access to or use of the Software
may also be subject to your acceptance of separate agreements with Ask This CFO
and / or third parties. This Agreement incorporates by reference applicable program,
subscription, activation, ordering and pricing terms provided to you online or offline
for the Software selected by you and for other Ask This CFO products made available
to you through this Software, which may be subject to change from time to time.
These terms will also govern your continued purchase and use of the Software, including
such additional Ask This CFO internet based products made available to you through
the Software you have selected.
1. LICENSE GRANT AND RESTRICTIONS. Subject to the terms and conditions
of this Agreement, including the payment of any applicable fees, Ask This CFO grants
you a personal, limited, non-exclusive, non-transferable license, during the initial
term and any renewal term or other period of use provided in the activation and
ordering terms for the Software, to access and use the Software solely for the purpose
described in the Ask This CFO description for the Software, and, if applicable,
solely by such number of authorized users for which the applicable fee has been
paid by you.
In addition to the Software provided herein, the term Software includes any other
programs, tools, components and any updates (for example, documentation, help content,
bug fixes, or other information and releases) of the Software that Ask This CFO
provides or makes available to you.
Except as expressly allowed herein or by applicable law, you are not licensed or
permitted under this Agreement to do any of the following and must not allow any
third party to do any of the following: (i) access or attempt to access any other
Ask This CFO systems, programs or data that are not made available for public use;
(ii) copy, reproduce, republish, upload, post, transmit, license, sublicense, modify
or create derivative works based on the Software in whole or in part, resell or
distribute in any way the Software; (iii) permit any third party to benefit from
the use or functionality of the Software via a rental, lease, timesharing, service
bureau, or other arrangement; iv) transfer any of the rights granted to you under
this Agreement; (v) work around any technical limitations in the Software, use any
tool to enable features or functionalities that are otherwise disabled in the Software,
or decompile, disassemble, or otherwise reverse engineer the Software except as
otherwise permitted by applicable law; (vi) perform or attempt to perform any actions
that would interfere with the proper working of the Software, prevent access to
or the use of the Software by Ask This CFO's other licensees or customers, or impose
an unreasonable or disproportionately large load on Ask This CFO's infrastructure.
2. ASK THIS CFO SERVICES. You may be made aware of or offered services,
features, products, applications, online communities, or promotions provided by
Ask This CFO ("Ask This CFO Services"). If you decide to use Ask This
CFO Services, you may be subject to additional terms and conditions governing these
Ask This CFO Services and separate fees may apply. You acknowledge that in accessing
certain Ask This CFO Services you may upload or enter certain data from your account(s)
such as names, addresses and phone numbers, purchases, and sales among others, to
the Internet. You hereby grant Ask This CFO permission to use information about
your business and usage experience to enable us to provide the Ask This CFO Services
to you, including updating and maintaining your data, addressing errors or service
interruptions, and to enhance the types of data and services Ask This CFO may provide
to you in the future. You also grant Ask This CFO permission to combine your business
data, if any, with that of others in a way that does not identify you or any individual
personally to improve services and to compare business practices with other company
standards. We may use your data to create, market or promote new Ask This CFO offerings
to you and others.
3. COMMUNICATION, CONDUCT, CONTENT. The Software may include a
feature that allows you to exchange helpful information with other users of the
Software and the public. Internet access is required to use these communication
facilities. Please respect and interact with other users as you would in any public
arena when using such features. You are responsible for exercising your judgment
in evaluating and acting on (or ignoring) other users' communication sessions. Ask
This CFO does not endorse and is not responsible for the accuracy of the content
in these facilities, and will not be liable for any damages incurred as a result
of the submission, viewing or use of any such content. Users may post hypertext
links to content hosted and maintained by third parties. Ask This CFO has no obligation
to monitor these linked sites, and is not responsible for them. Your access to any
linked sites is at your own risk. Do not reveal information that you do not want
to make public. You also agree to comply with applicable Ask This CFO discussion
board policies made available to you for the Software you have selected.
3.1 Your right to use the Software is personal to you (and your
company and its employees, if permitted by Ask This CFO). You are entirely responsible
and liable for all information, data, text, software, music, sound, photographs,
graphics, video, messages or other materials ("Content") uploaded, posted
or stored by you using the Software. You shall not use the Software for any illegal
purpose in violation of any local, state, federal or international law. You must
provide all required and appropriate warnings, information and disclosure, comply
with all applicable laws and regulations, and take all other required and appropriate
actions (collectively, "Information and Actions") in connection with your
use of the Software. If the Software does not provide adequate features for you
to provide such Information and Actions, then do not use the Software. You agree
that you will not use the Software to share, store, or in any way distribute financial
data that is not in complete accordance with the law. Any users suspected of having
financial information which involves fraud, embezzlement, money laundering, insider
trading, support for terrorism, or any other activity proscribed by law may have
their accounts terminated, their financial data erased, and they also may be reported
to law enforcement officials in the appropriate jurisdictions. Ask This CFO does
not own and is not responsible for the Content or data you submit on the website.
You are encouraged to archive your data regularly and frequently and you bear full
responsibility for archiving your data and sole liability for any lost or irrecoverable
data.
3.2 You agree to defend, indemnify and hold Ask This CFO, its Suppliers
as defined below, its corporate affiliates, officers, directors, employees, subsidiaries
and agents, harmless from and against any and all third party claims, costs, damages,
losses, liabilities and expenses (including reasonable attorneys fees) resulting
from or arising out of a claim that your Content infringes or misappropriates the
intellectual property rights, or otherwise violates any other right, of a third
party or a claim resulting from or arising out of your breach or alleged breach
of this Agreement.
3.3 You agree that you will not use the Software to upload, post,
link to, publish, distribute, reproduce or transmit any of the following:
(i) Any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane,
threatening, abusive, hateful, offensive, inappropriate or otherwise objectionable
information of any kind, including without limitation any transmissions constituting
or encouraging conduct that would constitute an attack or "flaming" other
participants, or would constitute a criminal offense, give rise to civil liability,
or otherwise violate any local, state, federal or foreign law; or
(ii) Any Content or data to impersonate other individuals or falsely represent your
identity or qualifications, or that constitutes a breach of any individual's privacy,
including posting images about children or any third party without their consent
(or a parent's consent in the case of a minor); or
(iii) Any advertisements, solicitations, chain letters, pyramid schemes, investment
opportunities or schemes or other unsolicited commercial communication (except as
otherwise expressly permitted by Ask This CFO) or engage in spamming or flooding;
or
(iv) Any information or software which contains a virus, trojan horse, worm or other
disruptive or harmful component; or is obtained through the Software for commercial
purposes (other than as expressly permitted by the provider of such information,
software or other material); or
(v) Any information, software or other material obtained through the Software which
is protected by copyright, or other proprietary right, or derivative works with
respect thereto, without obtaining permission of the copyright owner or right holder.
3.4 You agree that Ask This CFO has the right to monitor the Software and Content
from time to time and to disclose any information as necessary or appropriate to
satisfy any law, regulation or other governmental request, to operate the Software
properly, or to protect itself or its users. Ask This CFO will not intentionally
disclose any private email message unless required by law. Ask This CFO reserves
the right to edit, refuse to post, remove or refuse to remove any information or
materials, in whole or in part, that, in its sole discretion, is alleged to be unacceptable,
undesirable, inappropriate or in violation of this Agreement.
4. TRIAL VERSIONS. If you are registered for a trial use of the
Software, in connection with the foregoing license grant, you may use a copy of
the trial version of the Software only for the amount of time specified in the Software
or in the materials accompanying the Software; and in accordance with the license
grant in Section 1, for a single user license. BY YOUR USE OF THE TRIAL VERSION
OF THE SOFTWARE YOU UNDERSTAND AND AGREE THAT AFTER THE APPROXIMATE AMOUNT OF TIME
SPECIFIED IN THE SOFTWARE OR IN THE MATERIALS ACCOMPANYING THE SOFTWARE, YOU MAY
NOT BE ABLE TO CONTINUE TO ACCESS AND/OR USE SUCH TRIAL SOFTWARE OR ANY DATA YOU
HAVE ENTERED INTO SUCH SOFTWARE UNLESS YOU PURCHASE THE APPROPRIATE FULL VERSION
OF SUCH SOFTWARE.
5. FEES. If the Software is purchased by you on a payment or subscription
basis, as selected by you, the following terms will apply to you. Payments are paid
in U.S. dollars and credit cards will be charged in U.S. dollars unless otherwise
indicated in additional product ordering and pricing terms provided to you for the
Software you have selected. The Software will be deemed accepted by you upon acceptance
of this Agreement for trial versions (if applicable) of the Software and upon acceptance
of this Agreement and payment of the applicable fees and/or subscription fees for
paid for versions of the Software. Access to the Software will begin (i) for trial
versions after your acceptance of this Agreement and after Ask This CFO receives
and processes all the information requested in the registration process; and (ii)
for paid versions after your acceptance of this Agreement and after Ask This CFO
receives and processes all the information, including the credit card or bank account
information requested by the registration or ordering process. You must have a valid
credit card or a valid debit card acceptable to Ask This CFO with an appropriate
logo ("Card") or sufficient funds in a checking or savings account to
cover an electronic debit of the fees to obtain access to the Software. The payment
information you provide must be accurate, current and complete, and you agree to
notify us promptly of any change in the payment information. When you subscribe
and provide payment information, your Card or bank account will be debited, and
will be automatically re-debited at the beginning of each applicable monthly or
one-year subscription term ("Renewal Term") at the then-current subscription
rate to maintain access to the Software. Cancellation and renewal terms may be supplemented
by program terms provided to you in writing or on the website for the Software you
have selected.
6. RESERVATION OF RIGHTS AND OWNERSHIP. The Software is licensed
not sold, and Ask This CFO reserves all rights not expressly granted to you in this
Agreement. The Software is protected by copyright, trade secret and other intellectual
property laws. Ask This CFO and its licensors own the title, copyright, and other
worldwide intellectual property rights in the Software and all copies of the Software.
This Agreement does not grant you any rights to trademarks or service marks of Ask
This CFO. This Agreement does not limit any rights that Ask This CFO may have under
trade secret, copyright, patent or other laws.
7. REGISTRATION. Your registration information to use the Software
must be (i) accurate, current and complete as prompted in the sign-up process (the
"Registration Data"), and (ii) maintain and promptly update the Registration
Data to keep it accurate, current and complete. If you provide any Registration
Data that is inaccurate, not current or incomplete, or Ask This CFO has reasonable
grounds to suspect is inaccurate, not current or incomplete, Ask This CFO may, in
its sole discretion, suspend or terminate your account and refuse any and all current
or future access to and use of the Software (or any portion thereof).
8. PRIVACY For details about Ask This CFO's privacy policies, please
refer to the Ask This CFO Privacy Statement on the Ask This CFO website relating
to the Software product you selected. You agree to be bound by the applicable Ask
This CFO privacy policy, as it may be amended from time to time in accordance with
its terms. Most importantly, you agree:
- To Ask This CFO maintaining your data according to the Ask This CFO Privacy Statement,
as part of the Software.
- To give Ask This CFO permission to aggregate your uploaded, non-personally identifiable
account data with that of other users of the Software. By way of example, this means
that Ask This CFO may use that aggregated data to improve products, services, design
promotions, or provide ways for you to compare business practices with other users.
- Ask This CFO is a global company and may access or store personal information in
multiple countries, including countries outside of the European Union that may be
deemed to have inadequate protections. When you agree to these this Agreement, you
agree to this practice.
9. FEEDBACK. Ask This CFO may provide you with a mechanism to provide
feedback, suggestions and ideas, if you choose, about its online products and services
(Feedback). You agree that Ask This CFO may, in its sole discretion, use the Feedback
you provide to Ask This CFO in any way, including in future modifications of the
Software, multimedia works and/or advertising and promotional materials relating
thereto. You hereby grant Ask This CFO a perpetual, worldwide, fully transferable,
sub-licensable (through multiple tiers), non-revocable, fully paid-up, royalty free
license to use, modify, create derivative works from, distribute, display and otherwise
exploit, any information you provide to Ask This CFO in the Feedback.
10. DISCLAIMER OF WARRANTIES. THE SOFTWARE AND ANY CONTENT ACCESSIBLE
THROUGH THE SOFTWARE ARE PROVIDED "AS-IS" AND, TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW, ASK THIS CFO, ITS AFFILIATES, LICENSORS, PARTICIPATING FINANCIAL
INSTITUTIONS, THIRD-PARTY CONTENT AND SERVICE PROVIDERS, DISTRIBUTORS, DEALERS AND
SUPPLIERS (COLLECTIVELY, "SUPPLIERS") DISCLAIM ALL GUARANTEES AND WARRANTIES,
WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SOFTWARE, CONTENT, AND RELATED
MATERIALS, INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY,
NON-INTERFERENCE OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS AND SIMILAR
LAWS OF ANY JURISDICTION. ASK THIS CFO AND ITS SUPPLIERS DO NOT WARRANT THAT THE
SOFTWARE, THIRD PARTY SERVICES OR ANY ONLINE SERVICES ARE SECURE OR FREE FROM BUGS,
VIRUSES, INTERRUPTION, OR ERRORS, OR THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS.
FURTHER, ASK THIS CFO DOES NOT WARRANT ACCESS TO THE INTERNET OR TO ANY OTHER SERVICE
OR CONTENT OR DATA THROUGH THE SOFTWARE OR CONTINUED ACCESS TO THE TRIAL VERSION
OF THE SOFTWARE OR TO THE DATA ENTERED INTO THE TRIAL VERSION OF THE SOFTWARE AFTER
THE TRIAL PERIOD OF TIME IS OVER (IF APPLICABLE). SOME STATES DO NOT ALLOW THE EXCLUSION
OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY
GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE
TO STATE.
THE SOFTWARE IS DESIGNED TO OPERATE AND PROVIDE INFORMATION WITH THE UNDERSTANDING
THAT ASK THIS CFO AND ITS SUPPLIERS ARE NOT ENGAGED IN RENDERING LEGAL, ACCOUNTING
OR OTHER PROFESSIONAL SERVICE. IF LEGAL ADVICE OR OTHER EXPERT ASSISTANCE IS REQUIRED,
THE SERVICE OF A COMPETENT PROFESSIONAL SHOULD BE SOUGHT. ASK THIS CFO EXPRESSLY
DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SOFTWARE WILL SATISFY
ANY STATUTORY OR REGULATORY OBLIGATIONS, OR WILL ASSIST WITH, GUARANTEE OR OTHERWISE
ENSURE COMPLIANCE WITH ANY APPLICABLE LAWS OR REGULATIONS, INCLUDING BUT NOT LIMITED
TO THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (HIPAA), THE
GRAMM-LEACH-BLILEY ACT OF 1999, THE SARBANES-OXLEY ACT OF 2002, OR OTHER FEDERAL
OR STATE STATUTES OR REGULATIONS. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR
USE OF THIS SOFTWARE, RELATED SERVICES OR CONTENT IS IN ACCORDANCE WITH APPLICABLE
LAW. IT IS YOUR RESPONSIBILITY TO KEEP ABREAST OF CHANGES IN LAWS, REGULATIONS AND
ACCOUNTING PRACTICES THAT AFFECT YOU AND YOUR BUSINESS.
11. LIMITATION OF LIABILITY AND DAMAGES. IN NO EVENT WILL ASK THIS
CFO BE LIABLE FOR ANY LOSS, COST, LIABILITY OR DAMAGE INCURRED AS A RESULT OF YOUR
RECEIPT OF OR PARTICIPATION IN THIRD PARTY SERVICES. THE ENTIRE CUMULATIVE LIABILITY
OF ASK THIS CFO AN ITS AFFILIATES AND ITS SUPPLIERS FOR ANY REASON ARISING FROM
OR RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID BY YOU TO ASK
THIS CFO FOR THE SOFTWARE IN THE 12 MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT
GIVING RISE TO SUCH CLAIM, UNLESS OTHERWISE SEPARATELY AGREED BY ASK THIS CFO IN
WRITING. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ASK THIS CFO, ITS AFFILIATES
AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE,
OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES RELATING TO LOSS OF BUSINESS, TELECOMMUNICATION
FAILURES, THE LOSS, CORRUPTION OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF PROFITS
OR INVESTMENT, TAX POSITIONS TAKEN BY YOU, USE OF THE SOFTWARE WITH HARDWARE OR
OTHER SOFTWARE THAT DOES NOT MEET ASK THIS CFO'S SYSTEMS REQUIREMENTS OR THE LIKE,
WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE,
EVEN IF ASK THIS CFO, ITS AFFILIATES, ITS SUPPLIERS OR ITS REPRESENTATIVES HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH
HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF DAMAGES
SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ASK
THIS CFO AND YOU. ASK THIS CFO WOULD NOT HAVE PROVIDED THIS SOFTWARE WITHOUT SUCH
LIMITATIONS.
12. CONSENT TO CONDUCT BUSINESS ELECTRONICALLY (CONSENT).
(a) Consent to Electronic Communications. Ask This CFO may be required by law to
send Communications to you that may pertain to the Software, the use of information
you may submit to Ask This CFO, and the Third Party Services you may choose. Additionally,
certain of the Third Party Services you choose may require Communications with the
third parties who administer these programs. You agree that Ask This CFO, on behalf
of itself, and others who administer such services (as applicable), may send Communications
to you by email and/or may make Communications available to you by posting them
at one or more of our sponsored websites. You consent to receive these Communications
electronically. The term Communications means any notice, record, agreement, or
other type of information that is made available to you or received from you in
connection with the Software and Third Party Services.
(b) Consenting to Do Business Electronically. The decision whether to do business
electronically is yours, and you should consider whether you have the required hardware
and software capabilities described below. Your consent to do business electronically
and our agreement to do so covers all transactions you conduct through the Software
for as long as you remain a licensee of the Software.
(c) Hardware and Software Requirements. In order to access and retain an electronic
record of Communications, you will need: a computer, a monitor, a connection to
an Internet service provider, Internet browser software that supports 128-bit encryption,
and an e-mail address. By selecting the "I AGREE" button, you are confirming
to us that you have the means to access, and to print or download, Communications.
We do not provide ISP services. You must have your own Internet service provider.
(d) Communications Choices. Please review the Privacy statement provided on the
Software website to review your communication choices.
13. AMENDMENT. Please review the Agreement periodically on the Software website
provided to you for additional terms and changes. Ask This CFO has the right to
change or add to the terms of this Agreement, and to change, delete, discontinue,
or impose conditions on any feature or aspect of the Software, including but not
limited to, terms, Internet based services, pricing, technical support options,
and other product-related policies, at any time upon notice by any means Ask This
CFO determines in its discretion to be reasonable, including posting information
concerning such change on any Ask This CFO sponsored website. Your continued use
of the Software after Ask This CFO's publication of any such changes shall constitute
your acceptance of this Agreement as modified.
14. TERMINATION Your rights under this Agreement may be terminated
or suspended by Ask This CFO immediately and without notice if you or any of your
authorized users fail to comply with any term or condition of this Agreement or
you no longer consent to receive Electronic Communications in accordance with Section
12. Upon termination you must immediately cease using the Software. Any termination
of this Agreement shall not affect Ask This CFO's rights hereunder. If you choose
to cancel your access to the Software or any part thereof, you must do so in accordance
with the activation and ordering terms for the specific Software product you have
selected.
15. THIRD PARTY SERVICES. In connection with your use of the Software,
you may be made aware of services, products, offers and promotions provided by third
parties, and not by Ask This CFO ("Third Party Services"). If you decide
to use Third Party Services, you are responsible for reviewing and understanding
the terms and conditions as well as any fees, if any, governing any Third Party
Services. You authorize Ask This CFO to use and disclose your contact information,
including name and address, for the purpose of making the Third Party Services you
choose available to you. You agree that the third party, and not Ask This CFO, is
responsible for the performance of the Third Party Services. The Software may contain
or reference links to websites operated by third parties ("Third Party Websites").
These links are provided as a convenience only. Ask This CFO is not responsible
for the content of any Third Party Website or any link contained in a Third Party
Website. Ask This CFO does not review, approve, monitor, endorse, warrant, or make
any representations with respect to Third Party Websites, and the inclusion of any
link in the Software is not and does not imply an affiliation, sponsorship, endorsement,
approval, investigation, verification or monitoring by Ask This CFO of any data
contained in, or any services made available through, any Third Party Website. In
no event will Ask This CFO be responsible for the information contained in such
Third Party Website or for Licensees use of or inability to use such website. Access
to any Third Party Website is at your own risk, and you acknowledge and understand
that linked Third Party Websites may contain terms and privacy policies as well
as fees that are different from those of Ask This CFO. Ask This CFO is not responsible
for such provisions, and expressly disclaims any liability for use of such Third
Party Services and Third Party Websites.
16. U.S. GOVERNMENT. The Software is a "commercial item,"
as that term is defined at 48 C.F.R. 2.101 (OCT 1995), consisting of "commercial
computer software" and "commercial computer software documentation."
All U.S. Government End Users acquire the Ask This CFO Software with only those
rights set forth herein.
17. EXPORT RESTRICTIONS. You acknowledge that the Software is subject
to the U.S. export controls regulations administered by the U.S. Dept. of Commerce
(15 CFR, Chapter VII) and that you will comply with all applicable laws and regulations.
You will not export or re-export the Software, or portion thereof, directly or indirectly,
in violation the U.S. export administration laws and regulations to any country
or end user; or to any end user who you know or have reason to know will utilize
them in the design, development or production of nuclear, chemical or biological
weapons. You further acknowledge that this Software may include technical data subject
to such U.S. export regulations.
18. MISCELLANEOUS. This Agreement is the complete agreement between
you and Ask This CFO and sets forth the entire liability of Ask This CFO, its affiliates
and its Suppliers and your exclusive remedy with respect to the Software and its
use. Any modification or waiver of the terms herein must be in a writing signed
by an authorized representative of Ask This CFO and expressly referencing the applicable
provisions of this Agreement. If any provision of this Agreement is invalid or unenforceable
under applicable law, then it shall be changed and interpreted to accomplish the
objectives of such provision to the greatest extent possible under applicable law,
and the remaining provisions will continue in full force and effect. This Agreement
may not be assigned by you without the prior written approval of Ask This CFO, but
may be assigned without your consent by Ask This CFO to (a) a parent or direct or
indirect subsidiary, (b) in an acquisition of the assets including the Software,
in whole or in part, (c) a successor by merger. Any assignment in violation of this
Section will be void. This Agreement will be governed by California law, without
regard to its conflicts of law principles, and applicable federal law. The United
Nations Convention on Contracts for the International Sale of Goods does not apply
to this Agreement. The parties hereby consent to the exclusive jurisdiction and
venue in the state courts in Santa Clara County, California or federal court for
the Northern District of California.
B. ADDITIONAL TERMS AND CONDITIONS FOR THE SOFTWARE, ADD-ON PRODUCTS AND RELATED
SERVICES
Your use of the Software, Add-On Products and related Services provided by Ask This
CFO are subject to the General Terms above and including these Additional Terms
and Conditions which govern your use of the Software, Add-on Products and related
Services indicated below. These Additional Terms and Conditions shall prevail over
any conflict or inconsistency with the General Terms above.
1. LICENSE GRANT AND RESTRICTIONS. Ask This CFO Inc. ("Ask
This CFO", "us", "we", "our") grants you ("you"
and "your" means you or the legal entity identified in the registration
process that you are authorized to represent and on whose behalf the Software is
licensed) the following rights provided that you comply with all of the terms and
conditions of this Agreement.
(i) Single User License and Single User Add On Pack Purchasers. You may:
(a) install the Software on one computer for access and use by only one specific
person; and (b) install the Software on one additional computer (e.g., a laptop
that you own and use in your business or a home computer that you own and use in
your business), so long as only the same specific person accesses and uses the Software.
If you purchased a valid license for the Software and received an Authentic Ask
This CFO CDROM, such CDROM is your backup copy of the Software. If you purchased
a valid license and received the Software pre-installed on a new computer or through
an electronic download, you may make one backup copy of the Software, but only for
the purpose of reinstalling the Software, if needed, on the single computer or additional
computer referenced in (a) and (b) above. You are not allowed to make copies of
the printed materials accompanying the Software, if any, or print multiple copies
of any user documentation.
(ii) Multi User License and Multi User Add On Pack Purchasers. You may: (a)
install the Software on the number of computers equal to the number of user licenses
you purchased; (b) access and use the Software solely by the number of specific
persons corresponding to the number of user licenses you purchased, with no substitution
of such users (for example, if you purchased a 3 user license pack and you have
10 employees in your company, the original 3 specific persons who were initially
provided with access to and use of the Software, are the only persons licensed to
use the Software unless you purchase additional licenses; (c) place a copy of your
software data files on a network for access by licensed users; (d) install the Software
on 1 additional computer above the number of the license(s) you purchased, solely
to accompany your software data file, and not for use of the Software by another
user; and (e) for each user license you purchased, make one copy of the printed
materials accompanying the Software, if any, or print one copy of any online user
documentation solely for use by licensed users. Notwithstanding (b) above, you may
replace a specific user if such user leaves and must be replaced with a new employee.
You are not licensed or permitted under this Agreement to do any of the following:
(a) modify, adapt, translate, rent or sublicense (including offering the Software
to third parties on an applications service provider or time-sharing basis); (b)
assign, loan, resell, transfer or distribute the Software, CDROM(s), or related
materials or create derivative works based upon the Software or any part thereof;
(c) network the Software, except that you may network your company data file as
outlined in Section B.1.(ii) above if you have purchased the multi-user license
version; and (d) copy the Software in whole or part, except as expressly stated
in (i), (ii), or (iii) above, or use trade secret information contained in the Software,
to develop software to interface with the Software. You agree not to (and not to
permit others to): (i) decompile, disassemble, or otherwise reverse engineer the
Software, except as otherwise expressly permitted by applicable law; or (ii) remove,
alter or obscure any confidentiality or proprietary rights notices (including copyright
notices) of Ask This CFO or its licensors on or within the Software or any copies
of the Software. All license transfers are subject to written approval by Ask This
CFO and may be subject to a transfer fee determined by Ask This CFO in its sole
discretion. If your company is, or substantially all of its assets are, acquired
by or merged into another company or sole proprietorship, please contact Ask This
CFO at transferlicense@Ask This CFO.com regarding transferring your license to the
new company.
(iii) Unlock License. If you elect to convert from one version of the Software to
another (e.g., from the Trial version to the Single User version, from Simple Start
to Pro, from Pro to Premier, etc.) using the unlock purchase process within the
Software, your use of the new unlocked version of the Software must be in accordance
with the terms and conditions of this Agreement. Once you have unlocked such version,
you may no longer use the original version of the Software on any computer.
(iv) If you purchased a subscription license to the Software, the terms of this
Agreement, as supplemented by the terms of the subscription, will govern your use
of the Software and provided that the duration of such license will be based on
the subscription model you have elected.
In addition to the QuickBooks software, the term "Software" includes any
other programs, tools, applications, internet-based services, components and any
"updates" (for example, Software maintenance, service information, help
content, bug fixes, or maintenance releases etc.) of the Software that Ask This
CFO provides or makes available to you after the date you obtained your initial
copy of the Software. You are entitled to download updates to the Software that
Ask This CFO generally makes available to other users of the Software. However,
Upgrades (as defined in Section B.6.(3)) to the Software are only made available
to subscribers of specified Payroll Services as set forth in Section B.6.(3). Certain
Software may be accompanied by, and will be subject to, additional terms and fees
may apply.
2. SATISFACTION GUARANTEED/LIMITED WARRANTY.
3. TERMINATION.
The Ask This CFO Software is subject to Ask This CFO's discontinuation policy and
Ask This CFO reserves the right to discontinue all support for the Ask This CFO
Software, and/or for any features, online or other services or content accessible
through the Ask This CFO Software in accordance with its current discontinuation
policy. If the Ask This CFO Software offers services that require a connection to
an Ask This CFO server (including Internet-based services), such as downloading
financial data from a participating bank, credit union, credit card, brokerage,
mutual fund accounts, online bill paying, and downloading stock/fund quotes and
news, such services may expire in accordance with Ask This CFO's current discontinuation
policy.
Ask This CFO's current discontinuation policy is to provide support for the Ask
This CFO Software and for online and other services or content accessible through
the Ask This CFO Software for the most current version of the Ask This CFO Software
plus the prior two years' versions . More information about the discontinuation
policy relating to the Ask This CFO Software is available at http://support.quickbooks.Ask
This CFO.com/support/DiscontinuationPlan.aspx.
4. HEALTH INFORMATION AND PRIVACY.
If you intend to use the Software, related services and content in conjunction
with the medical or health information of particular individuals, you acknowledge
and agree that the Software, related services and content are not "HIPAA-ready"
or "HIPAA-compliant" and will not assist with or ensure compliance with
HIPAA, and that you are solely responsible for using the Software, related services
and content in a manner consistent with all applicable federal and state privacy
laws relating to medical or health information.