1. Acceptance of Terms
By using the Software, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not agree with any part of these terms and conditions, please do not use the Software.
By using the Software, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not agree with any part of these terms and conditions, please do not use the Software.
Subject to the terms and conditions of this Agreement, CCJM Solutions grants you a non-exclusive, non-transferable, revocable license to use the Software for the purpose of compliance monitoring and reporting.
For Services offered on a payment or subscription basis, the following terms apply, unless Intuit or its third-party affiliate 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:
You are responsible for your content. You are responsible for all materials ("Content") uploaded, posted, or stored through your use of the Software. You grant CCJM Solutions a worldwide, royalty-free, non-exclusive license to host and use any Content provided through your use of the Services. Archive your Content frequently by downloading reports to your own storage devices. You are responsible for any lost or unrecoverable Content. You must provide all required and appropriate warnings, information, and disclosures. CCJM Solutions is not responsible for the Content or data you submit through the Software.
You agree not to use, nor permit any third party to use, the Software to upload, post, distribute, link to, publish, reproduce, engage in, or transmit any of the following, including but not limited to:
5.1 CCJM Solutions does not give professional advice. Unless specifically included with the Services, CCJM Solutions is not in the business of providing consulting, licensing, or other professional services or advice. Consult the services of a competent professional when you need this type of assistance.
5.2 We may tell you about other CCJM Solutions services. You may be offered other services, products, or promotions by CCJM Solutions ("CCJM Solutions > Services"). Additional terms and conditions and fees may apply. With some CCJM Solutions Services you may upload or enter data from your account(s)> such as names, addresses and phone numbers, purchases, etc., to the Internet. You grant CCJM Solutions permission to use information about your business and experience to help us to provide the CCJM Solutions Services to you and to enhance the Services. You grant CCJM Solutions permission to> combine your business data, if any, with that of others in a way that does not identify you or any individual personally. You also grant CCJM Solutions permission to share or publish summary results relating to research data and to distribute or license such data to third parties.
5.3 Communications. CCJM Solutions may be required by law to send you communications about Services or Third Party Products. You agree that CCJM >Solutions may send these communications to you via email or by posting them on our websites.
5.4 You will manage your passwords and accept updates. You are responsible for securely managing your password(s) for the Services and contacting CCJM Solutions if you become aware of any unauthorized access to your account. The Services may periodically be updated with tools, utilities, improvements, third-party applications, or general updates to improve the Services. You agree to receive these updates.
5.5 Telephone Numbers. You may provide us with your telephone number as part of your customer record or registration or via other methods. You understand and agree that CCJM Solutions may use your telephone number for "multi-factor authentication" ("MFA"), to confirm your identity and help protect the security of your account. Part of the MFA identity verification process may involve CCJM Solutions sending text messages containing security codes to your telephone number. You agree to receive these texts from CCJM Solutions containing security codes as part of the MFA process. In addition, you agree that CCJM Solutions may send automated text messages and pre-recorded voice messages to the telephone number you provide for other limited purposes, including: providing you with important critical notices regarding your use of the Services, or fulfilling a request made by you through the > Services.
5.6 Short Messaging Service. ("SMS"). You can cancel SMS messaging at any time. Just text "STOP" to the shortcode. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from CCJM Solutions unless your number is resubscribed. If you want to join again, just sign up as you did the first time, and we will start sending SMS messages to you again. If you are experiencing issues with SMS messaging, you can reply with the keyword HELP for more assistance, contact CCJM Solutions here. Carriers are not liable for delayed or undelivered messages. Message and data rates may apply. Message frequency varies. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. For more information on how CCJM processes this and other data, please read our Global Privacy Statement.
You shall not, and shall not permit any third party to:
a. Modify, adapt, translate, or create derivative works of the Software.
b. Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of
the
Software.
c. Remove, alter, or obscure any copyright, trademark, or other proprietary rights notices
contained in the
Software.
d. Use the Software for any unlawful or unauthorized purpose.
e. Share, distribute, or sublicense the Software to any third party without prior written
consent from CCJM
Solutions.
f. Use the Software in a manner that could harm, disable, overburden, or impair the
Software's servers or
networks.
g. Use any automated systems or software to extract data from the Software without explicit
permission.
The 123EZAlerts Software, including without limitation its features, functionality, design, and content, is the property of CCJM Solutions and is protected by copyright, trademark, and other intellectual property laws. You agree not to reproduce, distribute, modify, or create derivative works of the Software without prior written consent from CCJM Solutions.
The Software may collect and process personal information in accordance with its Privacy Policy. By using the Software, you consent to the collection, storage, and processing of your personal data as described in the Privacy Policy.
a. The Software is provided on an "as is" and "as available" basis without warranties of any kind, whether express, implied, or statutory. 123EZAlerts disclaims all warranties, including but not limited to the warranties of merchantability, fitness for a particular purpose, and non-infringement. b. 123EZAlerts does not warrant that the Software will be uninterrupted, error-free, or free of viruses or other harmful components. c. 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, CCJM SOLUTIONS, ITS AFFILIATES, AND ITS THIRD-PARTY PROVIDERS, LICENSORS, DISTRIBUTORS, OR SUPPLIERS (COLLECTIVELY,"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. CCJM SOLUTIONS AND ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT THE SERVICES ARE SECURE AND 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. d. CCJM SOLUTIONS, 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.
To the maximum extent permitted by applicable law, in no event shall CCJM Solutions be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to the use or inability to use the Software, even if advised of the possibility of such damages.
You agree to indemnify and hold harmless CCJM Solutions, its affiliates, officers, directors, employees, and agents from any and all claims, liabilities, damages, losses, costs, or expenses arising out of or in connection with your use of the Software or violation of this Agreement.
You agree to indemnify and hold harmless CCJM Solutions, its affiliates, officers, directors, employees, and agents from any and all claims, liabilities, damages, losses, costs, or expenses arising out of or in connection with your use of the Software or violation of this Agreement.
CCJM Solutions reserves the right to modify or amend this Agreement at any time. Any changes to this Agreement will be effective immediately upon posting the revised version on the Software's website or through other reasonable means of notice. Your continued use of the Software after the posting of any changes constitutes your acceptance of such changes.
CCJM Solutions may terminate this Agreement and your access to the Software at any time, with or without cause or notice. Upon termination, you shall immediately cease all use of the Software.
This Agreement shall be governed by and construed in accordance with the laws of the state of Georgia, without regard to its conflict of laws principles. Any legal action or proceeding arising out of or relating to this Agreement shall be brought exclusively in the competent courts located in that jurisdiction.
ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THE SERVICES OR THIS AGREEMENT WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this provision; the arbitrator shall apply Georgia law to all other matters. Notwithstanding anything to the contrary, any party to the arbitration may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction. WE EACH AGREE THAT ANY AND ALL DISPUTES MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. BY ENTERING INTO THIS AGREEMENT AND AGREEING TO ARBITRATION, YOU AGREE THAT YOU AND CCJM SOLUTIONS ARE EACH WAIVING THE RIGHT TO FILE A LAWSUIT AND THE RIGHT TO A TRIAL BY JURY. IN ADDITION, YOU AGREE TO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR LITIGATE ON A CLASS-WIDE BASIS. YOU AGREE THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THESE RIGHTS. To begin an arbitration proceeding, send a letter requesting arbitration and describing your claim to CCJM Solutions, LLC., in care of our registered agent ADD HERE. The arbitration will be conducted by the American Arbitration Association (AAA) before a single AAA arbitrator under the AAA's rules, which are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration, and arbitrator fees and costs will be governed by the AAA's rules. CCJM Solutions will see its attorneys’ fees and costs in arbitration. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. The decision of the arbitrator shall be final and not appealable, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. This Section 15 shall survive expiration, termination or rescission of this Agreement.
This Agreement constitutes the entire agreement between you and CCJM Solutions regarding the use of the Software and supersedes all prior or contemporaneous understandings and agreements, whether oral or written.
By using the 123EZAlerts Software, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.