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Affiliate Aggreement
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IMPORTANT -- YOU MUST READ THIS CAREFULLY BEFORE USING THIS SITE OR SUBSCRIBING TO ANY OF THE SERVICES OFFERED UNDER THIS SITE. BY CHECKING "AGREE" BELOW, YOU AGREE TO BE BOUND BY ALL OF THE TERMS OF SERVICE. IF YOU DO NOT AGREE WITH ANY OF THE TERMS OF SERVICE, PLEASE CLICK "CANCEL" BELOW TO EXIT THIS SITE. THIS SITE IS OWNED, CONTROLLED AND OPERATED BY LINKEDCPA. LINKEDCPA RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO MODIFY, ALTER OR OTHERWISE UPDATE THE TERMS OF SERVICE AT ANY TIME AND, BY CHECKING "AGREE" BELOW, YOU AGREE TO BE BOUND BY SUCH MODIFICATIONS, ALTERATIONS OR UPDATES AS WELL. YOUR MONTHLY FEE COVERS THE ACT OF "HOSTING" THE SOFTWARE ON OUR PLATFORM. YOUR MONTHLY FEE DOES NOT INCLUDE THE LICENSE NECESSARY TO OPERATE THE PROGRAM YOU ARE ACCESSING. YOU AND EACH OF THE USERS OF OUR SYSTEM THAT ARE ACCESSING A PROGRAM ONLINE MUST HAVE A LICENSE FOR THAT PROGRAM AT THEIR OFFICE. DURING REGISTRATION AND ASSIGNMENT OF APPLICATIONS', YOU WILL BE REQUIRED TO PROVIDE THIS LICENSE INFORMATION. LINKEDCPA PROVIDES THIS LICENSE INFORMATION TO ITS SOFTWARE SUPPLIERS ON A QUARTERLY BASIS. THIS REPORTING SCHEDULE CAN CHANGE AT LINKEDCPA'S DISCRETION. MISREPRESENTATION OF LICENSE NUMBERS COULD RESULT IN LEGAL PENALTIES SET FORTH BY THE SOFTWARE COMPANY.
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Description of LinkedCPA Services. LinkedCPA maintains this Site to allow you the ability to interact with and administer your clients' accounting files and profiles. These administrative features include the following (collectively, the "LinkedCPA and or CPA ToolBox Services"):
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Creating Team Members, Clients and Administrators: This is the ability for you to add your employees/contractors, clients, users and administrators to your LinkedCPA account. |
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Maintaining Client Accounts : This feature includes maintaining client contact information, maintaining your own contact and billing information, keeping track of dormant files on the server that are taking up storage restriction space, responding to client upload notifications and reporting system or user errors within a timely manner. |
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Uploading Files to the Client: This gives you the ability to upload client specific files directly to your client's directory so that your client can download the file from their home page. Notification of uploads either by the client or the affiliate will be automatically emailed to the appropriate party. |
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Downloads: Both clients and you can download files that have been uploaded for their attention. They will be notified automatically via email when a file is on the server to be downloaded. |
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Back Ups and Deleting Files: LinkedCPA will back up all of your data system wide on a daily basis. However, it is your responsibility to verify that files deleted from the system are in fact files that should be deleted. Charges will be applied to your bill if you request LinkedCPA to restore data lost due to user error. |
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Additional Tools on Control Panel: LinkedCPA reserves the right to add, modify or delete functions on the LinkedCPA Control Panel at their discretion. |
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Realtime (Application Hosting) Services Upgrade. In addition to the LinkedCPA Services, LinkedCPA allows you to upgrade your subscription to take advantage of our accounting software application hosting services (the "Application Hosting") as set forth on the Site's LinkedCPA Account Features and Pricing web page. In addition to the Terms of Service included elsewhere in this Agreement, your subscription to the Application Hosting Services and accounting application selected is governed by the following:
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Host Computer System. LinkedCPA will provide all equipment, accounting software application programs ("Software") and services necessary for operation and maintenance of its host computer systems. LinkedCPA reserves the right to change the configuration of its systems and change or delete equipment or software at any time. You are responsible for separately obtaining an ISP account with an appropriate Internet connection for communicating to LinkedCPA server. LinkedCPA will provide information, at our discretion, regarding server capacity and network bandwidth, including reports you may request showing saturation levels, number of hits, etc. Performance benchmarks, as changed from time to time, will be reasonable and appropriate. LinkedCPA will, again at our discretion, provide information regarding data back-up procedures, security, and other functions as reasonably requested by you. |
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Your monthly fee covers the act of "hosting" the software on our platform. Your monthly fee does not include the license necessary to operate the program you are accessing. You and each of the users of our system that are accessing a program online must have a license for that program at their office. During registration and assignment of applications', you will be required to provide this license information. LinkedCPA provides this license information to its Software suppliers on a quarterly basis. This reporting schedule can change at LinkedCPA's discretion. Misrepresentation of license numbers could result in legal penalties set forth by the software company. |
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Scope of Use. You may use the Application Hosting Services and Software only for your internal business requirements in relation to providing accounting services to your clients, performing administrative functions pertaining thereto and for no other purpose. Software may not be permanently removed or downloaded from the Site. |
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Restrictions. You agree not to sublicense, license, rent, sell, loan, give or otherwise distribute all or any part of the Application Hosting Services or Software to any third party. You may not reverse engineer, disassemble, decompile, modify, or alter the Software or any copy thereof, in whole or in part.
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The LinkedCPA Services and the Application Hosting Services shall collectively be referred to in this Agreement from time to time as the "LinkedCPA+." |
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LinkedCPA Obligations. You will receive a password upon completing the Account Sign-up and registration process. You are responsible for maintaining the confidentiality of the password and you are fully responsible for all activities and transactions that occur under your password and account. You agree to immediately notify LinkedCPA of any unauthorized use of your password or account, or any other breach of security. You are responsible for, and must provide, all telephone, computer, hardware and software equipment and services necessary to access the Site. LinkedCPA gives no assurances that your equipment will be compatible with our Services. |
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Fees. In consideration of becoming a user of LinkedCPA and in consideration of using the Site, you agree to pay the monthly fees indicated at the Site's LinkedCPA Pricing web page for the corresponding services selected, including any Application Hosting Services upgrade. You also agree to provide complete and accurate contact information and credit card information, including billing address, and to promptly provide LinkedCPA with any updates or corrections to such information. LinkedCPA may change its prices following the initial 30 days of your subscription, provided that LinkedCPA gives you at least 30 days advance notice of any proposed fee increase. Failure of timely payment will result in immediate suspension of a LinkedCPA account and termination of your rights to use the Site. In the event you cancel the Services, you will be charged in full for the entire month in which Services are cancelled. In the event that you purchase additional upgrades to your account, the fees will be prorated up to your next normal billing data and billed immediately. In the event that you reduce your fees by downgrading your account, the reduction in fees will not apply until your next normal billing data. Fees are exclusive of any federal, state and local sales, use, value-added, excise, duty or property taxes assessed with respect to the Services provided under this Agreement. |
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Prohibited Conduct. LinkedCPA will not tolerate any willful, reckless or negligent misuse or abuse of the Site or the Services, including, but not by way of limitation, the following activities:
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Copying, decompiling, disassembling or reverse engineering any unauthorized file, database or program. |
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Reselling, lending, renting or licensing the Services to anyone other than your specific accounting clients. |
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Use for any purpose other than providing your clients with accounting services. |
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Multiple users exceeding account restrictions. |
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Uploading any data files that may contain harmful viruses that can damage the LinkedCPA servers and or users' sensitive accounting data. |
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Any action that results in an interruption of LinkedCPA being able to provide the Services. |
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Any use in violation of the "Acceptable Use Policy" set forth in this Agreement.
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Any action considered by LinkedCPA, in its sole and absolute discretion, to be misuse or abuse of the Site or Services will result in immediate termination of Service to the offending party and no refunds will be issued. You understand that you are responsible for the actions of your client users and any action by a client user that is considered misuse or abuse will be directly attributed to your account. |
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Acceptable Use Policy. Users may use this Site and the Services only for lawful purposes, and are prohibited from posting or transmitting through this Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racial, ethnic, or otherwise objectionable material of any kind. This includes, but is not limited to, any material which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any applicable local, state, national, or international law. You may not use this Site to send unsolicited advertising, promotional material, or other forms of solicitation to other users except in specific areas designated for such a purpose. LinkedCPA reserves the right to deactivate or suspend use of Services if found or reasonably suspected to involve or facilitate illegal, abusive or unethical activities. Such activities include pornography, obscenity, nudity, violations of law or privacy, hacking, computer viruses, gambling, or any harassing or harmful materials or uses. |
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Privacy. Your subscriber data and certain other information about you is subject to LinkedCPA Privacy Policy. For more information, please see our Privacy Policy (link located at the bottom of every page on the LinkedCPA web site). Please understand that all information submitted and transmitted by means of the Internet, including this Site, may potentially be publicly accessible. You or your clients should protect all important and private information. We are not liable for protection of privacy of electronic mail or other information transferred through the Internet or any other network provider that you or your clients may use. |
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Infringement. You are prohibited by these Terms of Service and by law from engaging in acts of copyright, trademark, patent, trade secret or other intellectual property or proprietary infringement. |
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Use of Information and Programs. This Site contains software programs, services and information that are derived in whole or in part from other sources. LinkedCPAmakes no representation or warranty, express or implied, and assumes no responsibility or legal liability for the accuracy, completeness, timeliness or quality of any such program, service or information contained in this Site. LinkedCPAdoes not ensure the accuracy of, endorse or recommend any program, service or information contained in this Site and your use of any such program, service or information is at your own risk. You shall limit access and use of the programs, services and information contained in or accessed from this Site to personal and internal use. You may not reproduce or use the programs, services or information contained in this Site for further distribution, transmission, publication, display or any other uses, other than as intended to provide accounting services for your clients. |
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Disclaimer of Warranties. USE OF THIS SITE AND ALL OF THE INFORMATION, SERVICES AND MATERIALS ON THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO INFORMATION, ADVICE, OR GUIDANCE, WHETHER ORAL OR WRITTEN, RECEIVED BY YOU FROM LinkedCPA OR THIS SITE SHALL CREATE ANY WARRANTY. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. LinkedCPA MAKES NO WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (iii) THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS. |
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Limitation of Liability. IN NO EVENT SHALL LinkedCPA BE LIABLE TO ANY PERSON OR ENTITY, INCLUDING, WITHOUT LIMITATION, PERSONS OR ENTITIES WHO USE OR RELY ON THIS SITE OR TO WHOM ANY INFORMATION ON THIS SITE MAY BE FURNISHED, FOR ANY LOSS OR DAMAGE OF ANY KIND OR CHARACTER WHATSOEVER, WHETHER DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHERWISE, ARISING OUT OF, BASED UPON OR RESULTING FROM ANY USE OF OR RELIANCE ON THE SERVICES OFFERED AT THIS SITE OR ANY INFORMATION OR OPINIONS CONTAINED HEREIN, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. IN NO EVENT SHALL LinkedCPA BE LIABLE TO YOU OR YOUR CLIENTS FOR ANY DEFICIENCY, ERROR OR INTERRUPTION IN THE SERVICES PROVIDED HEREUNDER FOR DAMAGES OF ANY KIND. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE FOREGOING LIMITATION MAY NOT APPLY TO YOU. |
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Copyrights. All of the material on this Site, whether graphical, textual, audio, video, computer code, or software, or a combination thereof, are protected by copyrights which are owned and controlled by LinkedCPA, or by third parties that have licensed their material to LinkedCPA or are advertisers on LinkedCPA, and may not be copied, modified, reproduced, republished, posted, transmitted or distributed in any way without the express written permission from LinkedCPA. Users may view and download material from this Site only in accordance with the terms of this Agreement. All contents of the Site are: Copyright 2009 - 2010 LinkedCPA. All Rights Reserved. |
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Trademarks. LinkedCPA is a trademark of Accountacus, LLC. |
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Third Party Sites. As a convenience to users, LinkedCPA may provide links on the Site to Internet sites maintained by others. LinkedCPA has not reviewed such sites and is not responsible for the contents or availability of such sites or for products or services offered on such sites. LinkedCPA shall not be responsible or liable, directly or indirectly, for any damage or loss caused or claimed to have been caused by use of any such sites or the content, goods, services, or advertisements contained on or available via such sites. Links have been provided for your convenience and the inclusion of any link does not imply endorsement by LinkedCPA of the site or any association with the site's owners or operators. |
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Indemnification. Each user of this Site agrees to indemnify, defend and hold LinkedCPA harmless from and against any and all third party claims, liabilities, costs, or expenses, including reasonable attorneys' fees, arising out of or resulting from (a) such user's breach of any provision of these Terms of Service, (b) such user's negligence or willful misconduct, or (c) any claims brought by any client of such user relating to this Site or the Services. |
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Term and Termination. This Agreement is effective until terminated by either you or LinkedCPA. You may terminate this Agreement at any time by discontinuing your use of this Site and destroying all materials obtained from it. The provisions contained in this Agreement shall survive any such termination. |
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General. This Site is controlled and operated by LinkedCPA from its co-location offices within the State of California, United States of America. LinkedCPA makes no representation that the materials on this Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and at their own risk and are responsible for compliance with local laws, if and to the extent applicable. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Washington, without regard to conflicts of law, as they are applied to agreements entered into and to be performed entirely within the State of Washington. Any action you, any third party, or LinkedCPA brings to enforce this Agreement or in connection with any matters relating to this Site shall be brought only in either the state or federal courts located in King County, Washington, and you expressly consent to the jurisdiction of said courts. If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This Agreement constitutes the entire agreement and understanding between you and LinkedCPA and supersedes any prior or contemporaneous agreements or understandings, whether written or oral, relating to the matters contained herein. |
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