Portal End User License Agreement
Purpose
Ikeda & Wong, CPA, Inc. (Firm) provides a voluntary secure internet CCH Client Axcess Portal (Client Portal) through Wolters Kluwer to allow convenient and secure electronic transfer of documents between Client and the Firm, as well as ongoing Client access to specific documents, which may include confidential documents created by the Firm. The Firm reserves the right to decide what kind of documents can be uploaded or viewed on the Client Portal.
Acceptance of Terms of Use
The Client Portal is offered to you conditioned on your acceptance of the terms, conditions and notices contained herein. By using the Client Portal, you agree to these terms and conditions. If you are not a client or authorized employee of the Firm, any use by you of the Client Portal is prohibited. The Firm may modify, suspend, or discontinue the use of the Firm’s Client Portal, including the availability of any portion of the content at any time, without notice or liability.
Description of Service
The Client Portal provides the Client and the Firm with access to information displayed on the Client Portal for deliveries of documents and communications for their account only. The information, documents, and communications on the Client Portal are provided as a convenient resource to clients and may be used for informational purposes only. The information contained on this site should NOT be used as a substitute for consultation with professional accounting, tax, legal, or other competent advisors.
The Client Portal provides the ability for two-way communication between you and the Firm and serves exclusively as a secure environment to transmit documents back and forth. Documents being transmitted from you to the Firm will remain available on the site until the applicable engagement or project is completed, at which time they will be removed.
Service Availability
Client agrees and acknowledges that the Client Portal will, at times, be unavailable due to regularly scheduled maintenance, service upgrades, or other mechanical or electronic failures. The Firm shall not be responsible for any error, omission, interruption, deletion, defect, theft or destruction, or unauthorized access to the Client Portal. The Firm is not responsible for any technical malfunctions of any telephone or fiber network lines, computer on-line systems, servers or providers, computer equipment, software, failure of any e-mail to be received by the Firm on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to your computer or peripherals related to downloading of any materials from the Client Portal.
Login Accounts and Security
Using the Client Portal and its related services requires the use of a password and a user name. The confidentiality of your password and account is your responsibility. Any activities that occur under your account are your responsibility. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. The use of another person’s username and password is expressly prohibited.
The Firm is not liable for any harm related to the misuse or theft of usernames or passwords, disclosure of usernames or passwords, or your authorization to allow another person or entity to access (and use) the Client Portal using your username or password.
Confidentiality, Information Protection, and Protection of Data
You shall assure that any protected data, which comes into your possession through the use of the Client Portal, is not transmitted to any unauthorized person. In partial consideration of the opportunity to access the resources of the Client Portal concerning your account, you agree to maintain the strict confidentiality of access of the Client Portal and its data to you and your authorized employees and to indemnify and hold harmless the Firm and its officers, shareholders, employees, their heirs, and successors and assigns from and against any and all claims, actions, demands, losses, damages, judgments, costs and expenses, including without limitation, reasonable attorneys’ fees and liabilities of every kind which may arise from your or your employees’ use of the Client Portal or because of violation of these terms and conditions of use.
Icons, Logos, and Other Proprietary Material
The trademarks, logos, and service marks (collectively the “Trademarks") displayed on the Client Portal are registered and common law trademarks of the Firm. Nothing contained on the Client Portal should be construed as granting, by implication, or otherwise, any license or right to use any of the Trademarks displayed on the Client Portal without the written permission of the Firm. Your use of any of the Trademarks displayed on the Client Portal or displayed on any content on the Client Portal is strictly prohibited. You should assume that everything you see or read on the Client Portal is copyrighted and is a trade secret and may not be used except as provided in these terms and conditions of use or in the text on the Client Portal without the written permission of the Firm or its suppliers.
Termination of Login Account
You may terminate the use of your Client Portal at any time. You will receive confirmation that access to your Client Portal and your stored documents has been terminated.
Term and Termination
This Agreement and the services contemplated by it may be terminated by either the Firm or Client with or without notice at any time. The Firm may at any time terminate the Firm’s Client Portal without notice or liability.
No Unlawful and Prohibited Use
You are prohibited from using the Client Portal to damage, disable, or overburden the Firm’s servers or network or impair the portal or interfere with any other party’s use of the Client Portal. Hacking, password mining or any other means to gain unauthorized access to the Client Portal, Client Portal accounts, computers or network is prohibited. Posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law is also prohibited. The Firm will fully cooperate with any law enforcement authorities or court order requesting or directing the Firm to disclose the identity of anyone posting any such information and materials. This Firm is an equal opportunity employer and values the diversity of its people.
Liability Disclaimer
The Firm will strive to use reasonable efforts to include accurate and updated information on the Client Portal; HOWEVER, YOU UNDERSTAND AND AGREE THAT THE FIRM IS UNDER NO OBLIGATION TO DO SO AND NEITHER THE FIRM NOR ITS SUPPLIERS MAKE ANY REPRESENTATION OR WARRANTY ABOUT THE SUSTAINABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION SOFTWARE, DOCUMENTS AND COMMUNICATIONS CONTAINED ON THE CLIENT PORTAL FOR ANY PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, DOCUMENTS AND COMMUNICATIONS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE FIRM, AND ITS SUPPLIERS, HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO SUCH INFORMATION, SOFTWARE, DOCUMENTS AND COMMUNICATIONS, INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE FIRM, OR ITS SUPPLIERS, BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OR THE PERFORMANCE OF THE CLIENT PORTAL, WITH THE DELAY OR INABILITY TO USE THE CLIENT PORTAL OR RELATED SERVICES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE FIRM OR ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. CERTAIN STATES DO NOT PERMIT TYPES OF THESE LIMITATIONS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE CLIENT PORTAL, INFORMATION, DOCUMENTS OR COMMUNICATIONS ON THE CLIENT PORTAL, OR WITH ANY OF THESE TERMS AND CONDITIONS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING THE CLIENT PORTAL AND THE INFORMATION, DOCUMENTS OR COMMUNICATIONS YOU OBTAINED FROM THE CLIENT PORTAL.
IRS Circular 230 Disclose
To ensure compliance with requirements imposed on June 20, 2005 by the United States Treasury, the Firm informs you that any tax advice contained in communication (including any attachments) using the Client Portal was not intended to be used and cannot be used for the purpose of 1) avoiding tax-related penalties or 2) promoting, marketing or recommending to another party any tax related matters addressed in this communication.
Miscellaneous
This is the entire agreement between the Firm and the Client regarding its subject matter. This Agreement does not modify or affect any existing or future engagement letter or agreement between the Firm and Client.