Effective: July 25, 2024

Thank you for using our services! These terms of service ("Term") cover your use and access to our services, client software, and websites ("Services"). By using our Services, you agree to be bound by these Terms and our Privacy Policy. If you are using our Services for an organization, you are agreeing to these Terms on behalf of that organization.

Your Information and Your Permissions

When you use our Services, you provide us with things like your files, content, messages, contacts, and so on (your information). Your information is yours. These Terms do not give us any rights to your information except for the limited rights that enable us to offer the Services.

Our Services also provide you with features like eSign, file sharing, email newsletters, appointment setting, and more. These and other features may require our systems to access, store, and scan your information. You give us permission to do those things, and this permission extends to our affiliates and trusted third parties we work with.

Your Responsibilities

You are responsible for your conduct. Your information and you must comply with applicable laws. Content in the Services may be protected by others' intellectual property rights. Please do not copy, upload, download, or share content unless you have the right to do so. We may review your conduct and content for compliance with these Terms. With that said, we have no obligation to do so. We are not responsible for the content people post and share via the Services.

Help us keep you informed and your information protected. Safeguard your password to the Services, and keep your account information current. Do not share your account credentials or give others access to your account.

You may use our Services only as permitted by applicable law, including export control laws and regulations.

Our Information

The Services are protected by copyright, trademark, and other US and foreign laws. These Terms do not grant you any right, title, or interest in the Services, others' content in the Services, auditercpros, and our trademarks, logos, and other brand features. We welcome feedback, but note that we may use comments or suggestions without any obligation to you.

Copyright

We respect the intellectual property of others and ask that you do too. We respond to notices of alleged copyright infringement if they comply with the law, and such notices should be reported to info@auditercpros.com. We reserve the right to delete or disable content alleged to be infringing and terminate accounts of repeat infringers.

Termination

You are free to stop using our Services at any time. We reserve the right to suspend or terminate your access to the Services with notice to you if:

(a) you are in breach of these Terms,

(b) you are using the Services in a manner that would cause a real risk of harm or loss to us or other users, or

We will provide you with reasonable advance notice via the email address associated with your account to remedy the activity that prompted us to contact you and give you the opportunity to export your information from our Services. If after such notice you fail to take the steps we ask of you, we will terminate or suspend your access to the Services.

We will not provide notice before termination where:

(a) you are in material breach of these Terms,

(b) doing so would cause us legal liability or compromise our ability to provide the Services to our other users, or

(c) we are prohibited from doing so by law.

Discontinuation of Services

We may decide to discontinue the Services in response to unforeseen circumstances beyond auditercpros's control or to comply with a legal requirement. If we do so, we will give you reasonable prior notice so that you can export your information from our systems.

Services "AS IS"

We strive to provide great Services, but there are certain things that we cannot guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, auditercpros AND ITS AFFILIATES, SUPPLIERS, AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED "AS IS." WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Some places do not allow the disclaimers in this paragraph, so they may not apply to you.

Limitation of Liability

WE DO NOT EXCLUDE OR LIMIT OUR LIABILITY TO YOU WHERE IT WOULD BE ILLEGAL TO DO SO-THIS INCLUDES ANY LIABILITY FOR auditercpros OR ITS AFFILIATES' FRAUD OR FRAUDULENT MISREPRESENTATION IN PROVIDING THE SERVICES. IN COUNTRIES WHERE THE FOLLOWING TYPES OF EXCLUSIONS ARE NOT ALLOWED, WE ARE RESPONSIBLE TO YOU ONLY FOR LOSSES AND DAMAGES THAT ARE A REASONABLY FORESEEABLE RESULT OF OUR FAILURE TO USE REASONABLE CARE AND SKILL OR OUR BREACH OF OUR CONTRACT WITH YOU. THIS PARAGRAPH DOES NOT AFFECT CONSUMER RIGHTS THAT CANNOT BE WAIVED OR LIMITED BY ANY CONTRACT OR AGREEMENT.

IN COUNTRIES WHERE EXCLUSIONS OR LIMITATIONS OF LIABILITY ARE ALLOWED, auditercpros, ITS AFFILIATES, SUPPLIERS, OR DISTRIBUTORS WILL NOT BE LIABLE FOR:

ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY. THESE EXCLUSIONS OR LIMITATIONS WILL APPLY REGARDLESS OF WHETHER OR NOT auditercpros OR ANY OF ITS AFFILIATES HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES.

IF YOU USE THE SERVICES FOR ANY COMMERCIAL, BUSINESS, OR RE-SALE PURPOSE, auditercpros, ITS AFFILIATES, SUPPLIERS, OR DISTRIBUTORS WILL HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY. auditercpros AND ITS AFFILIATES ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES.

Resolving Disputes

Let's Try To Sort Things Out First. We want to address your concerns without needing a formal legal case. Before filing a claim against auditercpros or our affiliates, you agree to try to resolve the dispute informally by contacting info@auditercpros.com. We will try to resolve the dispute informally by contacting you via email.

Judicial forum for disputes. You and auditercpros agree that any judicial proceeding to resolve claims relating to these Terms or the Services will be brought in the federal or state courts of Texas, subject to the mandatory arbitration provisions below. Both you and auditercpros consent to venue and personal jurisdiction in such courts.

We Both Agree To Arbitrate. You and auditercpros agree to resolve any claims relating to these Terms or the Services through final and binding arbitration by a single arbitrator. This includes disputes arising out of or relating to interpretation or application of this "Mandatory Arbitration Provisions" section, including its enforceability, revocability, or validity.

Arbitration Procedures. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the United States county where you live or work, Texas, or any other location we agree to.

NO CLASS ACTIONS. You may only resolve disputes with us on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed. If this specific paragraph is held unenforceable, then the entirety of this "Mandatory Arbitration Provisions" section will be deemed void.

Controlling Law

These Terms will be governed by California law except for its conflicts of laws principles. However, some countries (including those in the European Union) have laws that require agreements to be governed by the local laws of the consumer's country. This paragraph does not override those laws.

Entire Agreement

These Terms constitute the entire agreement between you and auditercpros with respect to the subject matter of these Terms and supersede and replace any other prior or contemporaneous agreements or terms and conditions applicable to the subject matter of these Terms. These Terms create no third-party beneficiary rights.

Revised Waiver, Severability & Assignment Terms

At auditercpros, failure to enforce a particular provision does not mean that we waive our right to enforce it later. If a provision is deemed unenforceable, the remaining terms of the agreement will continue to remain in effect, and we will substitute the unenforceable provision with one that reflects our intentions as closely as possible. Please note that you cannot assign any of your rights under these Terms, and any attempt to do so will be considered invalid. However, we reserve the right to assign our rights to any affiliates, subsidiaries, or any successor in interest of any business associated with the Services.

Modifications Terms

We are committed to providing the best possible services to our users, which may require us to revise these Terms from time to time. Such revisions may be made to reflect changes in the law, new regulatory requirements, or improvements and enhancements made to our Services. If any modification affects your use of the Services or your legal rights, we will notify you before the effective date of the update. We will send you an email to the email address associated with your account or send you an in-product notification. Please note that the updated terms will take effect no less than 30 days from when we notify you.