| Access to and use of FirstHomeGuide.com's services is
provided subject to the following Terms and Conditions Agreement.
Your use of FirstHomeGuide.com's
services constitutes your acceptance of these terms and conditions.
TERMS AND CONDITIONS AGREEMENT
BEFORE USING THIS SERVICE, YOU SHOULD CAREFULLY READ THE FOLLOWING
TERMS AND CONDITIONS. INFORMATION ON THIS SITE IS PROVIDED FOR
INFORMATIONAL PURPOSES AND IS NOT MEANT TO SUBSTITUTE FOR THE
ADVICE PROVIDED BY YOUR OWN CERTIFIED PUBLIC ACCOUNTANT OR OTHER
TAX OR LEGAL PROFESSIONAL. BY USING THE FirstHomeGuide.com
SERVICE, YOU ACCEPT THE TERMS AND CONDITIONS BELOW.
This Agreement describes the terms and conditions
applicable to your use of the FirstHomeGuide.com service (the "Service").
We may amend these terms and conditions at any time by posting
the amended terms on our Site. The amended terms shall automatically
be effective 30 days after they are initially posted on our Site.
This Agreement may not be otherwise amended except in a writing
signed by both parties. For the purposes of these terms and conditions "user(s)" means
any person or entity that accesses or uses the Service, including,
but not limited to, accountants and their clients.
Because we do not and cannot be involved
in user-to-user dealings (be they professional engagements or
mere communications) in the
event that you have a dispute with one or more users, you release
us (and our agents and employees) from claims, demands and damages
(actual and consequential) of every kind and nature, known and
unknown, suspected and unsuspected, disclosed and undisclosed,
arising out of or in any way connected with these disputes. If
you are a California resident, you waive California Civil Code
section 1542, which states: "A general release does not extend
to claims which the creditor does not know or suspect to exist
in his favor at the time of executing the release, which if known
by him must have materially affected his settlement with the debtor."
Information and Accuracy
For legal reasons, we cannot nor do we try to control the information
provided by other users that is made available through our system.
You release us from any and all liability with respect to information
entered on or through FirstHomeGuide.com that is offensive,
harmful or inaccurate.
We have no control (and we will not seek to establish control)
over the truth or accuracy of a user's postings or content on the
FirstHomeGuide.com Web Site and Service. FirstHomeGuide.com
assumes no responsibility for the timeliness, deletion, mis-delivery
or failure to store any user communications or personalization
settings.
User Communications and Content
You understand that all information, data, text, software, music,
sound, photographs, graphics, video, messages or other materials
("Content"), whether publicly posted or privately transmitted,
are the sole responsibility of the person or entity from which
this Content originated. This means that you, and not FirstHomeGuide.com,
are entirely responsible for all Content that you upload, post,
email or otherwise transmit via the Service. FirstHomeGuide.com
does not control the Content posted via the Service and, as such,
does not guarantee the accuracy, integrity or quality of this
Content. You understand that by using the Service, you may be
exposed to Content that is offensive, indecent or objectionable.
Under no circumstances will FirstHomeGuide.com be liable
in any way for any Content, including, but not limited to, for
any errors or omissions in any Content, or for any loss or damage
of any kind incurred as a result of the use of any Content posted,
emailed or otherwise transmitted via the Service.
You agree to not use the Service to:
a. upload, post, email or otherwise transmit any Content that is
unlawful, harmful, threatening, abusive, harassing, tortious, defamatory,
vulgar, obscene, libelous, invasive of another's privacy, hateful,
or racially, ethnically or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited
to, a FirstHomeGuide.com official, forum leader, guide or host,
or falsely state or otherwise misrepresent your affiliation with
a person or entity;
d. forge headers or otherwise manipulate identifiers in order to
disguise the origin of any Content transmitted through the Service;
e. upload, post, email or otherwise transmit any Content that you
do not have a right to transmit under any law or under contractual
or fiduciary relationships (such as inside information, proprietary
and confidential information learned or disclosed as part of employment
relationships or under nondisclosure agreements);
f. upload, post, email or otherwise transmit any Content that infringes
any patent, trademark, trade secret, copyright or other proprietary
rights of any party;
g. upload, post, email or otherwise transmit any unsolicited or
unauthorized advertising, promotional materials, "junk mail", "spam", "chain
letters", "pyramid schemes" or any other form of
solicitation, except in those areas (such as shopping rooms) that
are designated for such purpose;
h. upload, post, email or otherwise transmit any material that
contains software viruses or any other computer code, files or
programs designed to interrupt, destroy or limit the functionality
of any computer software or hardware or telecommunications equipment;
i. disrupt the normal flow of dialogue, cause a screen to "scroll" faster
than other users of the Service are able to type, or otherwise
act in a manner that negatively affects other users' ability to
engage in real time exchanges;
j. interfere with or disrupt the Service or servers or networks
connected to the Service, or disobey any requirements, procedures,
policies or regulations of networks connected to the Service;
k. intentionally or unintentionally violate any applicable local,
state, national or international law, including, but not limited
to, regulations promulgated by the U.S. Securities and Exchange
Commission, any rules of any national or other securities exchange,
including, without limitation, the New York Stock Exchange, the
American Stock Exchange or the NASDAQ, and any regulations having
the force of law;
l. "stalk" or otherwise harass another; or
m. collect or store personal data about other users.
You acknowledge that FirstHomeGuide.com does not pre-screen
Content, but that FirstHomeGuide.com and its designees shall
have the right (but not the obligation) in their sole discretion
to refuse or move any Content that is available via the Service.
Without limiting the foregoing, FirstHomeGuide.com and its
designees shall have the right to remove any Content that violates
these terms and conditions or is otherwise objectionable. You agree
that you must evaluate, and bear all risks associated with, the
use of any Content, including any reliance on the accuracy, completeness,
or usefulness of the Content. In this regard, you acknowledge that
you may not rely on any Content created by FirstHomeGuide.com
or submitted to FirstHomeGuide.com.
You acknowledge and agree that FirstHomeGuide.com may preserve
Content and may also disclose Content if required to do so by law
or in the good faith belief that this preservation or disclosure
is reasonably necessary to: (a) comply with legal process; (b)
enforce these terms and conditions; (c) respond to claims that
any Content violates the rights of third-parties; or (d) protect
the rights, property, or personal safety of FirstHomeGuide.com,
its users and the public.
You understand that the technical processing and transmission of
the Service, including your Content, may involve (a) transmissions
over various networks; and (b) changes to conform and adapt to
technical requirements of connecting networks or devices.
Solely to enable FirstHomeGuide.com to use your Content, so
that we are not violating any rights you might have in that information,
you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable,
royalty-free, sublicenseable (through multiple tiers) right to
exercise the copyright and publicity rights (but no other rights)
you have in Your Content with respect to your Content. FirstHomeGuide.com
will only use information collected about you in accordance with
our Privacy Policy. For more information, please see our Privacy
Policy.
Viruses
FirstHomeGuide.com IS NOT RESPONSIBLE FOR ANY VIRUSES OR DEFECTS
THAT MAY BE FOUND TO EXIST IN THIS SITE, OR ANY LOST PROFITS
OR OTHER CONSEQUENTIAL DAMAGES THAT MAY RESULT.
Advertisers
FirstHomeGuide.com does not warrant, endorse or guarantee any
product or services advertised on our Site, and we will not be
a party to any transaction between you and any advertiser or
user.
FirstHomeGuide.com does not assume the responsibility of enforcing
licensing requirements, or of checking for license, with respect
to licensed professions or trades, prior to publishing advertisements.
FirstHomeGuide.com does not assume the responsibility of monitoring
the use of trademarks, copyrights or other rights of third parties.
Links To Third Party Sites
THE LINKS IN OUR SERVICE WILL FACILITATE LEAVING FirstHomeGuide.com
SERVICE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF FirstHomeGuide.com
AND FirstHomeGuide.com IS NOT RESPONSIBLE FOR THE CONTENT
OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR
ANY CHANGES OR UPDATES TO THESE SITES. FirstHomeGuide.com
IS NOT RESPONSIBLE FOR WEB CASTING OR ANY OTHER FORM OF TRANSMISSION
RECEIVED FROM ANY LINKED SITE. FirstHomeGuide.com IS PROVIDING
THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF
ANY LINK DOES NOT IMPLY ENDORSEMENT BY FirstHomeGuide.com
OF THE SITE OR ANY ASSOCIATION WITH ITS OPERATORS. THERE ARE
RISKS IN USING ANY INFORMATION FOUND ON THE INTERNET. FirstHomeGuide.com
CAUTIONS USER TO UNDERSTAND THESE RISKS BEFORE USING OR RELYING
UPON ANYTHING IN THE INTERNET. FirstHomeGuide.com DOES NOT
ENDORSE, WARRANT OR GUARANTEE THE PRODUCTS OR SERVICES DESCRIBED
OR OFFERED IN THESE OTHER WEB SITES.
Termination Of Access
You agree that FirstHomeGuide.com, in its sole discretion,
may terminate your password, account (or any part thereof) or
use of the Service, and remove and discard any Content within
the Service, for any reason, including, without limitation, for
lack of use or if FirstHomeGuide.com believes that you have
violated or acted inconsistently with the letter or spirit of
these terms and conditions. FirstHomeGuide.com may also in
its sole discretion and at any time discontinue providing the
Service, or any part thereof, with or without notice. You agree
that any termination of your access to the Service under any
provision of these terms and conditions may be effected without
prior notice, and acknowledge and agree that FirstHomeGuide.com
may immediately deactivate or delete your account and all related
information and files in your account and bar any further access
to such files or the Service. Further, you agree that FirstHomeGuide.com
shall not be liable to you or any third-party for any termination
of your access to the Service.
No Representations Or Warranties; Limitation Of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE
RISK. THE SERVICE AND CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
FirstHomeGuide.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO
THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AUTHORITY, COMPLETENESS,
USEFULNESS AND TIMELINESS.
b. FirstHomeGuide.com MAKES NO WARRANTY THAT (I) THE SERVICE
WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED
FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (IV)
THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL
PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR
EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE
OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT
YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH
MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM FirstHomeGuide.com OR THROUGH OR FROM THE SERVICE
SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND
CONDITIONS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT FirstHomeGuide.com
AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, OFFICERS, TRUSTEES,
MEMBERS, MANAGERS, PARTNERS OR EMPLOYEES SHALL NOT BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FirstHomeGuide.com
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER IN
AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, IN
CONNECTION WITH OR RESULTING FROM: (I) THE USE OR THE INABILITY
TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE
GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION
OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS
ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS
TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS
OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER
MATTER RELATING TO THE SERVICE.
Some states do not allow the disclaimer of implied warranties,
so the foregoing disclaimer may not apply to you. This warranty
gives you specific legal rights and you may also have other legal
rights that vary from state to state. Some states do not allow
the limitation of liability, so the foregoing limitation may not
apply to you.
The "Ask a local accountant" Program
Access to our Accountants is provided for FREE. We will do the
best to personalize our response to your questions based upon
the information you provide. Accounting, financial, business
and tax planning is not an exact science. Answers can vary for
different people based upon their objectives, risk tolerances,
and circumstances. Our responses to your questions should only
be used as a guide and should not be relied upon solely in making
your decision. FirstHomeGuide.com believes that no matter
how small or large your financial decision, Accountants can provide
you with valuable guidance and support.It is important that you
find a qualified Accountant to meet with so that your particular
circumstances may be understood in detail. We may provide you
with a list of various Accountants in your geographic area. We
recommend you interview more than one Accountant before making
a final decision. All Accountants who's professional information
we provide to you are independent from FirstHomeGuide.com.
OUR COMPANY DOES NOT RECEIVE A REFERRAL FEE FROM ANY ACCOUNTANTS.
BY USING ANY SERVICE PROVIDED BY FirstHomeGuide.com, INCLUDING
THE "ASK A LOCAL ACCOUNTANT" PROGRAM, YOU AGREE THAT
FirstHomeGuide.com AND ITS PARENTS, SUBSIDIARIES, AFFILIATES,
AGENTS, OFFICERS, TRUSTEES, MEMBERS, MANAGERS, PARTNERS OR EMPLOYEES
SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED
TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER
INTANGIBLE LOSSES (EVEN IF FirstHomeGuide.com HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER IN AN ACTION OF
CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, IN CONNECTION
WITH OR RESULTING FROM YOUR USE OF ANY SERVICE PROVIDED BY FirstHomeGuide.com,
INCLUDING THE "ASK A LOCAL ACCOUNTANT" PROGRAM, AND/OR
YOUR USE OF OR RELIANCE UPON ANY INFORMATION, ANSWER OR RESPONSE
PROVIDED BY FirstHomeGuide.com, INCLUDING THE "ASK A
LOCAL ACCOUNTANT" PROGRAM.
Use For Illegal Activities Prohibited
The use of FirstHomeGuide.com Service for any illegal activities
is prohibited. Illegal activities include, but are not limited
to, tampering with information data bases and software, unauthorized
entry to other networks or computers, trafficking in illegal
products or substances, disobeying trade restrictions, violating
civil rights laws or knowledgeable vandalism or destruction of
online files. You shall comply with all applicable laws, statutes,
ordinances and regulations regarding your use of our service.
Security and Passwords
You will receive a password and account designation upon completing
the Service's registration process. You are responsible for maintaining
the confidentiality of the password and account, and are fully
responsible for all activities that occur under your password
or account. You agree to (a) immediately notify FirstHomeGuide.com
of any unauthorized use of your password or account or any other
breach of security, and (b) ensure that you exit from your account
at the end of each session. You may not disclose or share your
password to any third parties or use your password for any unauthorized
purpose. FirstHomeGuide.com cannot and will not be liable
for any loss or damage arising from your failure to comply with
this paragraph.
Indemnification
You agree to defend, indemnify and hold us and our affiliates,
directors, officers, members, managers, agents, consultants and
employees harmless from and against any and all claims, losses,
liabilities, costs and expenses (including, without limitation,
attorneys' fees) arising from your violation of any of these
terms and conditions or any third party rights, including, without
limitation, infringement of any copyright, violation of any proprietary
right and invasion of any privacy rights.
Proprietary Rights
You acknowledge and agree that the Service and any necessary software
used in connection with the Service ("Software") contain
proprietary and confidential information that is protected by
applicable intellectual property and other laws. You further
acknowledge and agree that Content contained in sponsor advertisements
or information presented to you through the Service or advertisers
is protected by copyrights, trademarks, service marks, patents
or other proprietary rights and laws. Except as expressly authorized
by FirstHomeGuide.com or advertisers, you agree not to modify,
rent, lease, loan, sell, distribute or create derivative works
based on the Service or the Software, in whole or in part.
FirstHomeGuide.com grants you a personal, non-transferable
and non-exclusive right and license to use the object code of its
Software on a single computer; provided that you do not (and do
not allow any third party to) copy, modify, create a derivative
work of, reverse engineer, reverse assemble or otherwise attempt
to discover any source code, sell, assign, sublicense, grant a
security interest in or otherwise transfer any right in the Software.
You agree not to modify the Software in any manner or form, or
to use modified versions of the Software, including (without limitation)
for the purpose of obtaining unauthorized access to the Service.
You agree not to access the Service by any means other than through
the interface that is provided by FirstHomeGuide.com for use
in accessing the Service.
General
Except as explicitly stated otherwise, any notices shall be given
by email to info@FirstHomeGuide.com (in the case of FirstHomeGuide.com)
or to the email address you provide to FirstHomeGuide.com
during the registration process (in your case), or such other
address as the party shall specify. Notice shall be deemed given
24 hours after email is sent, unless the sending party is notified
that the email address is invalid.
This Agreement shall be governed by and construed in accordance
with the laws of the State of Minnesota without regard to any choice
of law principles that could result in the application of the laws
of any other jurisdiction. All disputes, differences, controversies
or claims arising out of or relating to this Agreement, including,
but not limited to, any question regarding its existence, validity,
or termination, shall be finally and solely determined and settled
by arbitration in Minneapolis, Minnesota in accordance with the
Commercial Arbitration Rules of the American Arbitration Association,
which rules are deemed to be incorporated by reference into this
Section. The arbitration shall be conducted by a sole arbitrator.
The language of all arbitration proceedings shall be English. The
arbitral award shall state the reasons upon which the award is
based. Judgment upon any arbitral award may be entered and enforced
in any court of competent jurisdiction. We do not guarantee continuous,
uninterrupted or secure access to our Services, and operation of
our Service may be interfered with by numerous factors outside
of our control. If any provision of this Agreement is held to be
invalid or unenforceable, such provision shall be struck and the
remaining provisions shall be enforced. Our failure to act with
respect to a breach by you or others does not waive our right to
act with respect to subsequent or similar breaches. You and FirstHomeGuide.com
are independent contractors, and no agency, partnership, joint
venture, employee-employer or franchiser-franchisee relationship
is intended or created by this Agreement.
You hereby acknowledge that you have read this Agreement, understand
it and agree to be bound by its terms and conditions. You further
agree that this is the complete and exclusive agreement between
us, and this Agreement supercedes any proposal or prior agreement
whether oral or written, and any other communication between us
relating to the subject matter of this Agreement. |