Terms and Conditions of Use of This Web Site
The following Terms and Conditions apply to the use of this Web site and to the use of all information, software, function, graphics, artwork, and any other material contained on this Web site (referred to separately and collectively as the "Contents").
By using this Web site and the Contents, you agree to abide by these Terms and Conditions which shall be binding on you, your successors and assigns.
Use of Web Site
This Web site and the Contents are provided by Wolters Kluwer Financial Services, 6815 Saukview Drive, St. Cloud, Minnesota 56302 U.S.A. and are intended for the use and benefit of its users. This Web site is intended for use regarding selected laws and regulations of the United States of America and the states therein. Given the broad scope of laws and regulations that affect the financial services industry, it is not practical to track, monitor or address all issues that may be relevant to any given user. Wolters Kluwer Financial Services encourages all users of this Web site to review the Contents with its legal counsel and/or tax advisors to confirm the status of the Contents before relying on it.
You agree to use this Web site and the Contents only for your internal or informational purposes or as specifically authorized in these Terms and Conditions and elsewhere on this Web site. Use for any other purpose is prohibited. Wolters Kluwer Financial Services may seek any available legal remedy or take any reasonable business steps to prevent the unauthorized use of, or access to, this Web site, and to prevent access to users who violate these Terms and Conditions. Wolters Kluwer Financial Services' remedies include the right to seek equitable relief.
Registration and Passwords
To use certain sections of this Web site, you will need a user name and password, which you will select as part of the registration process. You acknowledge that Wolters Kluwer Financial Services reserves the right to refuse to grant you a user name that is already in use, may be illegal, may be protected by trademark or other proprietary interest, is obscene or profane or otherwise determine by Wolters Kluwer Financial Services, in its sole discretion, to be inappropriate. You agree to be responsible for all acts and omissions that occur in connection with your password. It is your responsibility to maintain the confidentiality of the password and you are responsible for all activities that occur under your user name and password. You agree to immediately notify Wolters Kluwer Financial Services of any unauthorized use of your password or any other breach of security. Wolters Kluwer Financial Services is not and will not be responsible for any loss or damage resulting from your failure to protect your user name and password.
Interactive Sections of Web Site
Certain sections of this Web site allow you to ask questions, post information or to participate in online discussions. Wolters Kluwer Financial Services does not control the communications or information provided by users of these features.
As a condition of your use of these interactive features, you agree not to:
All Contents furnished by you or other users of this Web site are the sole responsibility of the person furnishing the information. You understand that Wolters Kluwer Financial Services is not obligated to monitor any interactive sections of this Web site where users may post messages or supply information. However, Wolters Kluwer Financial Services reserves the right to modify, edit or remove any posting or other information, in whole or in part, at any time for any reason. Wolters Kluwer Financial Services further reserves the right to disclose any posting or other information provided by users if Wolters Kluwer Financial Services, in its sole discretion, believes such disclosure is reasonably necessary to comply with any law, regulation or court order or if the disclosure is necessary to protect the rights, property or safety of Wolters Kluwer Financial Services, its employees, its users or the public. Wolters Kluwer Financial Services assumes no responsibility for the accuracy, completeness, applicability, analysis, or timeliness of the information or for any loss or damage that may occur as a result of relying on information on this Web site.
Updates and Changes to Web Site
Wolters Kluwer Financial Services monitors the Contents, use, and user comments regarding this Web site. Wolters Kluwer Financial Services may make improvements, updates or changes to this Web site and the Contents at any time without notice to you. Wolters Kluwer Financial Services may also modify these Terms and Conditions without notice to you. By continuing to use this Web site after modifications have been made to these Terms and Conditions, you accept the modifications made to these Terms and Conditions. You are responsible for regularly reviewing these Terms and Conditions.
No Legal, Tax or Other Professional Advice
The Contents of the GainsKeeper® Solutions, all offerings and the service and GainsKeeper's customer and phone support merely provide general explanations and are not intended to provide legal, tax, or other professional advice and cannot be relied upon by you or any actual or potential beneficiary as such. Although based on current law and information generally available, general assumptions may be made by GainsKeeper which may not take into account potentially important considerations to specific taxpayers. Therefore, the views and information presented may not be appropriate for you. GainsKeeper does not provide tax advice. Customers should consult with their own tax advisors and they (not GainsKeeper) are solely responsible for any tax, tax penalties, or interest related to their tax returns. Users must also independently analyze and consider the consequences of subsequent developments and/or other events. Users must always make their own determinations in light of their specific circumstances.
Before using or acting upon any Contents on this Web site including customer and phone support, you are advised to seek the advice of your attorney, accountant, tax return preparer, or other appropriate professional to determine: (1) if the Contents apply to your particular circumstances, and (2) the sufficiency of the Contents for your own legal, tax, accounting, or other needs. Wolters Kluwer Financial Services, its officers, employees, and agents are not authorized to practice law on your behalf or to provide you with tax, accounting, or other professional advice. The following notice is required by law:
The Contents of this Web site are NOT a Substitute for the Advice of an Attorney.
Your Responsibility - Data
You assume full responsibility for the selection of GainsKeeper Contents and any related services to achieve your intended purposes, for the proper data input and for verifying the results obtained from use of this Web site. Wolters Kluwer Financial Services has no liability for any damages resulting from any error in data provided by you or from any third-party vendor that is provided to GainsKeeper.
Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT THIS WEB SITE AND THE CONTENTS ARE PROVIDED "AS IS," AND THAT YOUR USE OF THE WEB SITE AND THE CONTENTS ARE AT YOUR OWN RISK.
WOLTERS KLUWER FINANCIAL SERVICES AND ITS THIRD PARTY LICENSORS MAKE NO WARRANTY, EXPRESS OR IMPLIED, WITH REGARD TO THIS WEB SITE OR THE CONTENTS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. WOLTERS KLUWER FINANCIAL SERVICES ARE NOT RESPONSIBLE FOR ANY ERRORS, OMISSIONS, RESULTS, OR DAMAGES THAT MAY OCCUR FROM THE USE OF THIS WEB SITE OR THE CONTENTS.
ADDITIONALLY, WOLTERS KLUWER FINANCIAL SERVICES MAKES NO WARRANTY THAT: (I) THIS WEB SITE OR THE CONTENTS WILL BE ACCURATE, COMPLETE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (II) DEFECTS WILL BE CORRECTED; (III) THIS WEB SITE AND THE CONTENTS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THIS WEB SITE OR THE INFORMATION AVAILABLE ON THIS WEB SITE WILL MEET YOUR REQUIREMENTS. WOLTERS KLUWER FINANCIAL SERVICES MAKES NO REPRESENTATION OR WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEB SITE, THAT THE RESULTS THAT MAY BE OBTAINED FROM SUCH USE WILL BE RELIABLE, OR THAT THE QUALITY OF ANY PRODUCT, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THIS WEB SITE WILL MEET YOUR EXPECTATIONS. ANY MATERIALS AND/OR OTHER DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEB SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF SUCH MATERIAL OR DATA.
This Disclaimer of Warranties applies to the fullest extent permitted by law. Applicable law may not allow the exclusion of implied or other warranties, so the above Disclaimer of Warranties, or parts of it, will not apply to you to the extent that they are prohibited by law.
No modifications of this Disclaimer of Warranties are authorized unless they are in writing and signed by you and Wolters Kluwer Financial Services. Any such written modifications must be signed by a President or Vice President of Wolters Kluwer Financial Services.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL WOLTERS KLUWER FINANCIAL SERVICES OR ANY WOLTERS KLUWER FINANCIAL SERVICES' CONTENT PROVIDER OR LICENSOR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, CONTENT OR OTHER INTANGIBLE LOSSES (EVEN IF WOLTERS KLUWER FINANCIAL SERVICES OR ITS CONTENT PROVIDERS OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (I) THE USE OR INABILITY TO USE THIS WEB SITE OR THE CONTENTS (INCLUDING, BUT NOT LIMITED TO DELETION OR LOSS OF CONTENT, DEFECTS OR DELAYS IN TRANSMISSION, OR ANY FAILURE OF A SERVER, OR THE INTERNET), (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM THE COST OF ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEB SITE OR, (V) ANY OTHER MATTER RELATING TO THE WEB SITE OR ITS CONTENT. YOU AGREE THAT WOLTERS KLUWER FINANCIAL SERVICES' TOTAL LIABILITY FROM OR RELATED TO YOUR USE OF AND ACCESS TO THIS WEB SITE AND THE CONTENTS, WHETHER THE FORM OF ACTION OR CLAIM IS IN CONTRACT, TORT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED THREE HUNDRED DOLLARS ($300).
Wolters Kluwer Financial Services' Proprietary Interests, Copyrights and Trade Names
Wolters Kluwer Financial Services and its licensors reserve all rights in and to this Web site and the Contents unless otherwise expressly provided. Wolters Kluwer Financial Services and its licensors vigorously protect all their respective intellectual property rights.
Unless otherwise noted, Wolters Kluwer Financial Services claims a proprietary interest and copyright in this Web site and all of the Contents. Wolters Kluwer Financial Services' claim includes Wolters Kluwer Financial Services' intellectual property interests in the questions, sequence of questions, analysis and logic used in this Web site, and in the documents referenced in this Web site. This Web site may include information, software and other tools which are the proprietary property of others or which are public or works of the government. Wolters Kluwer Financial Services is using such information, software and other tools with permission and authority from the owners of such proprietary rights (when required).
You may print or copy the Contents of this Web site for your information and education only. Any re-use or distribution of the Contents for commercial use is prohibited. You may not use any of the Contents of this Web site for any illegal or unauthorized purposes. Wolters Kluwer Financial Services grants limited permission to financial institutions to reproduce the copyrighted material of this Web site for internal, non-commercial use as a training tool provided the Contents include "Copyright © Wolters Kluwer Financial Services. All rights reserved."
Except as specifically authorized above, you may not modify, print, copy, distribute, transmit, display, store, reproduce, publish, license, sell, create derivative works from, transfer, broadcast in any media, post or frame, or redistribute in any way this Web site or the Contents unless expressly authorized by these Terms and Conditions, the express provisions on this Web site, a separate written agreement signed by you and Wolters Kluwer Financial Services, or applicable law.
This Web site may also include various product names, business names, logos, slogans, and other marks in which Wolters Kluwer Financial Services has a registered trademark interest or other protectable interest (collectively " Wolters Kluwer Financial Services Marks"). It may also includes product names, business names, logos, slogans, and other marks in which others have a protectable interest (collectively "Other Marks"). You may not in any way use any Wolters Kluwer Financial Services Marks or Other Marks on this Web site without the prior express written permission of the owners.
Submitting Your Comments and Ideas
Wolters Kluwer Financial Services welcomes your comments and ideas, including ideas for new Wolters Kluwer Financial Services products, improvements to existing Wolters Kluwer Financial Services products, and improvements to this Web site and the Contents. Wolters Kluwer Financial Services carefully reviews and considers your comments and ideas, but is unable to implement all of them. In order for Wolters Kluwer Financial Services to freely respond to your comments and ideas and to implement Wolters Kluwer Financial Services' own ideas (which may be similar or identical to yours), all comments and ideas submitted to Wolters Kluwer Financial Services will become Wolters Kluwer Financial Services property. By submitting comments or ideas to Wolters Kluwer Financial Services, you waive all rights you may have in them. Your comments and ideas will not be treated as confidential.
Links to Third Party Sites
This Web site may include links to other sites which are not owned, operated, or controlled by Wolters Kluwer Financial Services. Wolters Kluwer Financial Services provides you with such links solely for your convenience. The inclusion of such links does not mean or imply that Wolters Kluwer Financial Services endorses the linked sights, their Contents, or any products or services described or sold on them. Wolters Kluwer Financial Services is not responsible for the Contents or use of any linked site or any link contained in a linked site. Wolters Kluwer Financial Services is not responsible for making changes or updates to any such sites.
These Terms and Conditions will be governed and construed under the laws of the State of Minnesota, U.S.A., without regard to its choice of law provisions. You agree that any action at law or in equity arising out of or relating to this Web site or the Contents, including these Terms and Conditions, will be filed only in the state or federal courts located in Minnesota. You consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.
If any term or provision of these Terms and Conditions is held to be invalid, void or unenforceable by a court or arbitrator of competent jurisdiction, the remainder of these Terms and Conditions will not be affected, impaired or invalidated and each remaining term or provision will be valid and enforceable to the fullest extent permitted by law.