Website
Terms of Use
Polar Star
Tax & Accounting Inc. (the "Company", "We", or
"Us") and you ("You" or "Customer") are parties
to these terms of service (the "Agreement"). Upon acceptance or
deemed acceptance of this Agreement, as discussed below, this Agreement becomes
effective.
It is
understood and agreed that we will be exchanging information and documents
electronically over the Internet or by email and that the electronic Agreement
will be equivalent to a written physical agreement between You and Us.
1. Ownership
and Copyright.
You accept
that the information contained within this website, which is inclusive of the
reports, data, databases, images, user interfaces, pages, files, software,
names of the company and products, trade-marks, copyright, and patent, logos
and trade-names (collectively the “Content”), are owned solely by their
respective owners, the Company or its licensors. This includes, but is not
limited to, how this Content is displayed and the associated information.
2. Permitted
Use.
Upon
receiving this license, you are granted a limited, revocable, nonexclusive,
non-transferrable and non-exclusive license to find, download and read a
singular Content copy to merely assess the services we offer
("Services").
3.
Restrictions On Use.
By agreeing
to this, you commit not to:
a. Reproduce, resell, re- distribute or
distribute the Content in any form, including by media, cable or satellite
systems, commercial networks, cables, etc.
b. Derive work from, reverse engineer, or
partake in the decompiling, disassembling, adaptation, translation,
transmitting, enhancing, bundle, selling, sublicensing, exporting, merging,
loaning, renting, leasing, assigning, sharing, hosting, publishing, or
otherwise directly or indirectly making use of the Content either partially or
completely, through any form or means, such as electronically or tangibly, or
otherwise. The Company or its licensors' proprietary rights are not to be
violated or otherwise prejudiced by you using this Content or by permitting any
third parties to access it. Insofar as the restrictions contained in this
Agreement are prohibited by law, they shall not apply.
4. License
to Use Your Information.
Barring your
information that is non-public and personal in nature, You agree that the
Company has access to the content that you provide either via the website or
through the website, which includes but is not limited to email
transmission. You agree that the company owns the license to your content
that is constant, unlimited, free of royalty, global, non-exclusive,
non-revocable, assignable in order to operate, showcase, reproduce, post,
bundle, share, sell, derive from, alter, translate, transfer, organize,
enhance, sublicense, export, combine, loan, rent, lease, designate, share,
outsource, host, and make it accessible to any individual. This content may be
in the form of inventions, ideas, concepts, techniques, technology or any other
intellectual property. Unless specifically agreed to in writing by the Company
or required by law, the Company shall not be subject to any obligations of
confidentiality in regards to any such information. Your representation and
warranty that you are legally able to grant the license outlined above is
hereby reaffirmed.
5. Personal
Information.
The Company
might sometimes track how the website is used by You and might obtain, save,
leverage, and reveal data pertaining to you, in order to seek you to make use
of its services. Hereby, you agree to the obtaining, saving, leveraging, and
revealing of such data, subject to our Privacy Policy , which waives any rights
you may have to privacy with respect to this information.
6. Service
Agreement.
Service
agreements, such as Service Terms of Use, are separate agreements between You
and the Company or a supplier or sponsor of the Company if you wish to solicit
its services; they are not incorporated herein, and You will have no rights to
or claims based on such services.
7.
Limitations on Liability and Disclaimers.
WE DO NOT
GUARANTEE THE CONFIDENTIALITY AND SECURITY OF PERSONAL DATA AND FINANCIAL
TRANSACTIONS ON THIS SITE OR ON THE WEB. You use this website and its content
at your own risk, and the company assumes no responsibility whatsoever with
regard to your use of the website or the receipt, storing, transmitting or
otherwise using any personal information you provide..
There may be
hyperlinks to other sites incorporated within this site. If You access these
sites, You do so at Your own risk since the Company does not take
responsibility for their accuracy or appropriateness. We do not publish or
disseminate any of the material on those other sites, and we do not monitor or
control those sites. By providing links to those other sites, we are in no way
becoming a publisher. The Company does not imply any affiliation or association
with any website linked to from this one. NO INFORMATION OR CONTENT FOUND ON
OTHER WEBSITES IS RECOMMENDED OR ENDORSED BY THE COMPANY. It is important to
note that the mention of another party or its product or service does not imply
endorsement by this website.
If You send
or permit the Company to send or receive confidential or proprietary
information from you or any third party, the Company will not be responsible
for any damages incurred by you, or for any errors or changes made to the
information transmitted, stored, or received.
For
retrieving and using the Content, you are solely responsible. It is up to You
as to how to use the Content, including, but not limited to, how to draw
conclusions based on the information.
AUTHENTICITY,
UPDATES, COMPLETENESS, OR UNTAMPEREDITY OF THE CONTENT ARE NOT GUARANTEED AND
SHOULD NOT BE RELIED UPON.
PLEASE USE
THE CONTENT AS INFORMATION ONLY AND DO NOT INTERPRET IT AS a recommendation for
a particular product, service, use, or course of action.
Additionally,
any opinions expressed on this website are those of the particular author and
may not reflect those of it's Licensed Legal, Tax, Accountant, or Accounting
Professionals. Therefore, you are advised not to act based upon any posting
without receiving professional guidance.
BARRING WHAT
IS EXPRESSLY OFFERED IN A DISTINCT AGREEMENT WITH YOU, THIS SITE AND THE
CONTENT, PRODUCTS, SERVICES AND SOFTWARE CONTAINED HEREIN OR OFFERED THROUGH
THE SITE ARE OFFERED “AS IS” DEVOID OF REPRESENTATIONS, WARRANTIES, GUARANTEES
OR CONDITIONS, BE IT EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND INCLUDING,
WITHOUT ANY LIMITATIONS, WARRANTIES PERTAINING TO SEAMLESS OR ACCURATE
OPERATION, ACCESSIBILITY, DETAIL, DEPENDABILITY, PUNCTUALITY, LEGALITY, APTNESS,
PRIVACY, SAFETY, MERCHANTABILITY, QUALITY, TITLE, NON-INFRINGEMENT OR FITNESS
IN RELATION TO A SPECIFIC PURPOSE, OR THOSE DUE TO A COURSE OF TRADE DEALING OR
USAGE.
We (THE
COMPANY, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS OR THEIR RESPECTIVE DIRECTORS,
OFFICERS OR EMPLOYEES) will not be liable for any indirect, incidental,
punitive, exempt, aggregate, economic or consequential damages of any kind,
whether foreseeable, or unforeseen, howsoever caused, including but not limited
to: DAMAGES DUE TO ABSENCE OF USE, OR PROFITS OR SAVINGS LOST, EVEN IF THE
COMPANY OR ITS AGENTS OR OFFICERS WERE ADVISED OF THE POSSIBILITY.
The Company,
its affiliates, agents, licensors, suppliers, or their employees, directors,
officers, or agents are not liable for any damages or losses resulting from the
use of the Site, including but not limited to: VIRUSES, CORRUPT DATA, FAILURE
OF MESSAGE DELIVERY, ERRORS WITH TRANSMISSION; TELECOMMUNICATIONS SERVICE
PROVIDERS; THIRD PARTY WEBSITE LINKS; INTERNET; PERSONAL INJURY; THIRD PARTY
DATA, PRODUCTS OR SERVICES; DAMAGES OR LOSSES DUE TO YOU OR YOUR EMPLOYEES,
AGENTS OR SUBCONTRACTORS; ABSENCE OF AMENITIES, INCLUDING COMPUTERS, ROUTERS
AND SAVED DATA; THE USE OR LACK OF POSSIBILITY OF MAKING USE OF THIS SITE OR
ITS CONTENT; ANY OTHER SITE ACCESSED TO OR USING THIS WEBSITE; OR for any
damage or claim caused by any event beyond its reasonable control, even if the
company or any of its agents or employees were advised that such damages or
claims might happen..
In no event
shall the Company, its affiliates, agents, licensees, suppliers, and their
respective directors, officers, and employees aggregate total liability for any
and all causes whatsoever (including, without limitation, contract
infringement, negligence, gross negligence, or other negligence) exceed twenty
dollars.
The site's
content may be updated without notice to you. The company is not obligated to
update the site's content. The company is not responsible for any undesirable
or objectionable content or information on this website.
We
disclaim any responsibility for any unauthorized uses or reproductions of the
content of our websites. Accessing our websites from countries where they may
be illegal is prohibited.
8.
Termination.
Company's
sole and unfettered discretion will determine whether or not to terminate this
Agreement. It is possible that despite the terms of this Agreement, the Company
may terminate the Agreement without notice to You. The Company shall
additionally have the right to enjoin any such termination and to take any
other equitable remedies that may be available to it, including, but not
limited to, injunctions.
This
Agreement shall survive termination or expiration, of the disclaimers,
limitation on liability, ownership, termination, interpretation, your license
to the Company, and the indemnification provisions.
9.
Indemnity.
Through this
agreement, you consent to the indemnification, defense and protecting the
Company, its agents, suppliers, licensors, affiliates and their respective
directors and employees against any claims, actions, proceedings, damages,
demands, liabilities and expenses (including legal and other fees and
disbursements) sustained, incurred and paid in the following:
a. Information or other content sent to
the Company by email or through this website, or information or other content
provided by you through other means; or
b. Any misuse of or interference with the
Content or this website, including, without limitation, infringement claims.
10.
Governing Law and Arbitration.
It is very
important that you read this section carefully, because it limits the way
Customers may seek redress from us, and requires you to arbitrate any disputes
with us. If a Customer disputes our product, we will try to resolve the dispute
through our support team.
According to
the Commercial Arbitration Rules of the American Arbitration Association
("AAA") and the procedures below, any dispute arising from or
relating to the Agreement will be resolved by binding arbitration in
Wilmington, Delaware, USA.
Arbitration.
If none of the above internal dispute resolution processes can resolve a
dispute, final and binding arbitration will be used to resolve the dispute.
Wilmington, Delaware, USA, will serve as the venue for the arbitration and the
governing law of this Agreement will be applied. Upon agreement of both
parties, a single arbitrator who is a practicing commercial lawyer in English
and completely familiar with the then-current commercial arbitration rules will
resolve the dispute. A judgment can be entered on the award in any court of
competent jurisdiction based on the arbitrator's decision.
Warranty,
liability limitation, and other provisions of this Agreement shall apply to the
arbitrator. The parties may, however, take injunctive action where appropriate
in order to protect their rights pending the results of the arbitration.
Jurisdiction/Venue;
Governing Law. Customers residing in the U.S. will be governed and construed
under the laws of the State of Delaware (regardless of its choice of law
principles). In the event of any suit arising out of or connected to this
Agreement or the business relationship of the parties hereto, the parties agree
to have the suit brought in the federal or state courts in Wilmington,
Delaware. Neither party disputes the exclusive personal jurisdiction or venue
of such courts, and each party gives such courts its consent to both such
jurisdiction and venue.
NOTICE: Both
WE and CUSTOMER agree that all disputes, complaints or claims arising out of or
related to this Agreement will be arbitrated by NEUTRAL BINDING ARBITRATION, as
well as to waive any right they have to proceed to court or jury trial in those
matters. AS A CONDITION OF THIS AGREEMENT, CUSTOMER AND WE AGREE TO renounce
their respective legal rights to discovery and appeal unless they are
specifically mentioned in this agreement. After agreeing to the arbitration
provision, any party who refuses to arbitrate may be compelled to do so under
federal, state, or provincial law. Both the CUSTOMER and ourselves confirm that
our agreement to the arbitration provision is voluntary.
11.
Interpretation.
It is for
convenience only that this Agreement has been divided into sections and that
headings have been inserted. They do not affect the interpretation or construction
of this Agreement. As part of this Agreement, any singular number is equivalent
to a plural number, any gender is equivalent to either gender, and any person
is equivalent to any corporation, trust, or unincorporated association.
12. Entire
Agreement.
All
agreements between You and the Company and any other legal notices or policies
posted on this website, including but not limited to this Agreement as it may
be changed from time to time as permitted by Section 12, constitute the entire
agreement between You and the Company regarding the use of the Website and the
Content.
13.
Amendment and Waiver.
This
Agreement may be amended at any time by updating this website. As a user of
this website, it is your responsibility to regularly review updated information
on this website. We request that you immediately stop using this website if you
do not agree to the amended terms and conditions. If you access or use this
website after any amendments have been posted, it will be deemed that you have
acknowledged and accepted the amended terms and conditions. The Company will
not be bound by any additions, modifications, or amendments to the Agreement,
nor by any waiver of any provision of the Agreement, except as expressly agreed
in writing by the Company. Any waiver of any provision of this Agreement shall
not be considered or construed as a waiver of any other provision (whether or
not similar) nor shall a waiver be extended indefinitely unless explicitly
provided otherwise.
14.
Severability.
In the event
that any provision of this Agreement is deemed to be illegal, invalid or
unenforceable by a court of competent jurisdiction in any jurisdiction, such
provision shall be deemed ineffective in that jurisdiction and otherwise be
enforced to the fullest extent permitted by law in that respective
jurisdiction, without affecting these other provisions or their legality,
validity and enforceability elsewhere.