Effective Date: December, 31 2010.
As used in this Agreement, the words “you” and “your” refer to any person accessing the Crowe Horwath Website. The words “we,” “us,” and “our” refer to Crowe Horwath.
Crowe Horwath may, at any time and in our sole discretion, revise or update this Agreement by posting an amended Agreement on the Website. Any changes that are made to this Agreement will be effective immediately upon posting. Please check this page periodically for changes to the Agreement. Your use of the Website following the posting of an updated Agreement constitutes acceptance of the last updated Agreement.
Further, Crowe Horwath reserves the right, at any time, to modify or discontinue, temporarily or permanently, the Website (or any part thereof) without notice to you. You agree that Crowe Horwath shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website, or of any Materials (as defined below).
If you have any questions about this Agreement, please contact us at [email protected].
This Agreement applies only to the Crowe Horwath Website located within the crowehorwath.net domain. Crowe Horwath has many global members, each of which is a separate and independent legal entity. Each member may have its own website and individual Terms and Conditions of website use.
LICENSE TO USE WEBSITE
Crowe Horwath makes available the information and materials on the Website (the “Materials”) for general informational purposes only.
The Materials, including but not limited to summaries, descriptions, publications and any other such materials appearing on the Website, are not intended to constitute, and DO NOT constitute, financial, investment or business advice. Those accessing the Materials should not act upon them without first seeking legal, financial or other such business counsel, as these Materials are general in nature, and may not apply to particular factual or legal circumstances. As such, the Materials should not be used as a substitute for consultation with a professional advisor. Please consult a professional advisor should you have questions regarding legal, financial or other such business counsel. Neither Crowe Horwath, nor its members, affiliates, employees, agents, officers or directors will be responsible for any financial, legal or business decisions you may make. Moreover, Crowe Horwath’s member firms are separate and independent legal entities, and you agree that Crowe Horwath is not responsible for any acts of omissions of these entities.
Please send all information pertaining to your business or issues facing it directly to your advisor. Do not send or submit any confidential or client-related information to the Website, through any links or other communication tools contained thereon. Such links or other communication tools are meant for general information inquiries only.
Any price quotation, service information, employment benefits information or any other such information regarding the provision and fees for any service offered by Crowe Horwath or the benefits of employment by Crowe Horwath are provided purely for informational and illustrative purposes. Crowe Horwath does not guarantee, and makes no warranty, promise, or agreement that any depicted or described service or benefit is actually offered or comports with its description on the Website. Crowe Horwath reserves the right to cease offering any such services or benefits to prospective or current employees or clients at any time, in all cases without notice or liability.
This Website may contain typographical errors or inaccuracies, and may not be complete or current. Crowe Horwath therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.
Circular 230 disclosure: Pursuant to recently enacted U.S. Treasury Department regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice contained in this Website, including attachments and enclosures, is not intended or written to be used, and may not be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax-related matters addressed herein.
AVAILABILITY OF SERVICE
While Crowe Horwath makes reasonable efforts to ensure that the Website is available at all times, Crowe Horwath does not guarantee, represent or warrant that access to the Website will be uninterrupted or error-free, and Crowe Horwath does not guarantee that users will be able to access or use all or any of the Website features at all times.
Crowe Horwath may change, suspend or discontinue any (or all) aspects of the Website at any time, including the availability of any Website feature. Crowe Horwath may also impose limits on the use of or access to certain features or portions of the Website, or restrict your access to any part or all of the Website, in all cases without notice or liability.
RULES OF CONDUCT
You agree to comply with all applicable laws, rules and regulations in accessing and/or using the Website and/or any Materials. In addition, your use of the Website is conditioned on your compliance with the following rules of conduct as well as all other terms of the Agreement.
You agree not to use the Website for any unlawful or fraudulent purpose, including impersonating any person or entity, including, but not limited to, any employment applicant, Crowe Horwath employee, agent, or representative; or expressing or implying that Crowe Horwath endorses any statement you make.
You also may not modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Website or the Materials. Further, you may not interfere with or disrupt the operation of the Website, including restricting or inhibiting any other person from using the Website by means of hacking, or defacing any portion of the Website. Further, transmitting or otherwise making available in connection with the Website any virus, worm, Trojan horse, root kit or other harmful code is prohibited. Moreover, you may not interfere with or violate any other Website visitor’s or user’s right to privacy or other rights, or harvest or collect personally identifiable information about Website visitors or users, or about Crowe Horwath employees or other individuals identified on the Website, without their express written consent.
You are also proscribed from selling, reselling, transferring, licensing or exploiting for any commercial purposes any use of or access (including sharing of passwords and login information) to the Website or the Materials. Finally, you may not frame, mirror, in-line link to, or make other similar use of, all or any part of the Website or the Website’s content, including Crowe Horwath’s or any other party’s intellectual property thereon, without our prior express written authorization.
To the extent that you may access or download any software that is made available through Crowe Horwath from the Website (“Software”), such Software is the copyrighted work of Crowe Horwath and/or its various third-party licensors. Your use of the Software is governed by the terms of the end-user license agreement, if any, which accompanies or is included with the Software. You may not install or use any Software that is accompanied by or includes such an end-user license agreement unless you first agree to the terms of such agreement. Any warranty applicable to the Software will be specified in the terms of the license agreement and no additional warranties are provided herein. If you have any inquiries concerning these terms, please consult Crowe Horwath before accessing any programs.
CONTENT SUBMITTED OR MADE AVAILABLE TO CROWE HORWATH
By submitting any documents, comments, questions, suggestions, plans, notes, drawings, ideas, proposals, or materials similar thereto (“Submissions”) to Crowe Horwath, through feedback, e-mail message, or in any other manner, you hereby explicitly agree that: (a) your Submissions do not contain confidential or proprietary information; (b) your Submissions automatically become the property of Crowe Horwath without any obligation of Crowe Horwath to you; (c) Crowe Horwath is not under any obligation of confidentiality relating to the Submissions, either express or implied; (d) Crowe Horwath shall be entitled to use or disclose the Submissions in any way, manner, purpose or otherwise, worldwide; (e) Crowe Horwath may have under consideration or development similar ideas to the Submissions; and (f) you are not entitled to any compensation or reimbursement of any kind from Crowe Horwath in exchange for the Submissions.
Further, Crowe Horwath may access and use the Website and any information stored thereon, including the contents of any Submissions, for any lawful purpose. Further, we may disclose the contents of any Submissions to any third party, including any law enforcement agency, to protect our rights or property, or for any other reason.
CROWE HORWATH’S INTELLECTUAL PROPERTY RIGHTS
The trademarks, service marks, logos and any designs used or displayed on the Website specific to Crowe Horwath are trademarks and/or service marks owned by Crowe Horwath. Any use of copyrighted works, trademarks or service marks, including the reproduction, modification, distribution or republication of same without the prior express written permission of Crowe Horwath is strictly prohibited. Other copyrighted works, trademarks, service marks, trade names and company logos utilized on the Website are the property of their respective owners. All rights reserved. The appearance of any such third-party trademarks does not in any way imply any connection, license, approval or other such relationship of any kind with such third party.
The Website may also contain samples of Crowe Horwath’s programs for informational purposes. These programs cannot be used for any commercial purpose. Moreover, certain technology and programs may be subject to intellectual property rights, and any unauthorized use is strictly prohibited.
Crowe Horwath can be reached by directing communications to: [email protected]
ENFORCEMENT OF THE AGREEMENT
Crowe Horwath may investigate any reported, alleged or suspected violation of this Agreement, and take any action that Crowe Horwath, in its sole discretion, deems appropriate. Such action may include issuing warnings, suspension of a user’s access to the Website or complete termination of such access, at any time.
LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES
IN NO EVENT SHALL CROWE HORWATH, ITS SUPPLIERS OR OTHER THIRD PARTIES MENTIONED ON THE WEBSITE BE LIABLE FOR ANY DAMAGES WHATSOEVER RESULTING FROM YOUR USE OR ANY OTHER INDIVIDUAL’S USE OF OR ACCESS TO THE WEBSITE. CROWE HORWATH DOES NOT WARRANT THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. ADDITIONALLY, CROWE HORWATH DOES NOT WARRANT THAT ANY INFORMATION TRANSMITTED BY CROWE HORWATH TO ANY INDIVIDUAL VIA THE WEBSITE IS ACCURATE OR EFFECTIVE. FURTHER, NEITHER CROWE HORWATH, NOR ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION OR HOSTING OF THE WEBSITE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE AND/OR ACCESS TO THE WEBSITE AND ANY SERVICES CONTAINED HEREON. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE OR THE MATERIALS IS TO STOP USING THE WEBSITE OR THE MATERIALS.
Without limiting the foregoing, everything on the Website is provided to you “AS IS” and CROWE HORWATH SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT WITH RESPECT TO THE WEBSITE, ITS CONTENTS, AND ANY SERVICE PROVIDED VIA THE WEBSITE.
You agree to defend, indemnify and hold harmless Crowe Horwath, its members, affiliates and its suppliers, and each of their respective partners, employees, representatives and agents, from and against all claims, losses, costs, damages, liabilities and expenses (including, but not limited to, attorney fees) arising out of:
- Your activities in connection with the Website;
- Any violation of this Agreement by you;
- Any improper or unauthorized use of the Materials by you; and
- Any conduct, activity or action which is unlawful or illegal under any state, federal or common law, or violative of the rights of any individual or entity, engaged in, caused by, or facilitated in any way through the use of software or information which appears on the Website.
If any provision of this Agreement is found for any reason to be unlawful, void or unenforceable, then that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision.
CHOICE OF LAW AND JURISDICTION
Unless otherwise specified, the Website and its contents are provided solely for providing information. The Website is controlled and operated by Crowe Horwath from New York. As such, any dispute arising under the Agreement shall be resolved exclusively by New York state or federal courts, applying New York law, and, by your use, you waive any jurisdictional, venue or inconvenient forum objections to such courts for purposes of resolving these disputes.
Although the Website is available worldwide, you understand and agree that the law of your home jurisdiction may provide protections not provided in the United States, and that by visiting the Website, you unequivocally and unambiguously agree to submit and adjudicate any disputes which arise out of such use pursuant to the terms and conditions stated in this Choice of Law and Jurisdiction clause.
LINKS TO OTHER WEBSITES
POLICIES FOR CHILDREN
The Website is not directed to individuals under the age of 13, nor does it contain information which would be potentially harmful to minors in any way. However, we advise all visitors to the Website under the age of 13 not to disclose or provide any Personally Identifiable Information. In the event that Crowe Horwath discovers that a child under the age of 13 has provided Personally Identifiable Information to us, we will delete the child’s Personally Identifiable Information in accordance with the Children’s Online Privacy Protection Act of 1998.
Please see the Federal Trade Commission’s website for this act: http://www.ftc.gov/bcp/conline/edcams/kidzprivacy/ for more information.
Notwithstanding the foregoing, pursuant to 47 U.S.C. Section 230 (d), as amended, we hereby notify you that parental control protections are commercially available to assist you in limiting access to material that is harmful to minors. More information on the availability of such software can be found through publicly available sources. You may wish to contact your Internet Service Provider for more information.
© 2014 Crowe Horwath International. All rights reserved.