Terms of Use

Terms of Use

Introduction

TRP CPAs, PLLC (sometimes hereinafter referred to as “TRP”) has developed these terms of use to govern your use of our website. By using our website, you accept these terms of use in full. If you disagree with these terms of use or any part of these terms of use, you must not use our website.

License to Use Website

Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the licence below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms of use.

You must not:

  • republish material from this website (including republication on another website);
  • sell, rent or sub-license material from the website;
  • show any material from the website in public;
  • reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose or for personal gain;
  • edit or otherwise modify any material on the website; or redistribute material from this website (except for content specifically and expressly made available for redistribution such as our newsletter).

Acceptable Use

You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or any other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.

You must not use our website to transmit or send unsolicited commercial communications.

You must not use our website for any purposes related to marketing without our express written consent.

Restricted Access

Access to certain areas of our website is restricted. We reserve the right to restrict access to other areas of our website, or our whole website, at our discretion.

If we provide you with a user ID and password to enable you to access restricted areas of our website or other content or services, you must ensure that your user ID and password is kept confidential.

We may disable your user ID and password at our sole discretion without notice or explanation.

User Generated Content

In these terms of use, “your user content” means material (including without limitation text, images, audio material, video material, audio-visual material and software backups) that you submit to our website, for whatever purpose.

Your user content must not be illegal or unlawful, must not infringe on any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website.

Notwithstanding our rights under these terms of use in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our website.

No Warranties

This website is provided “as is” without any representations or warranties, express or implied. In addition, TRP makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, Todd Rivenbark & Puryear, PLLC does not warrant that this website will be constantly available or that the information on this website is complete, true, accurate or non-misleading.

TRP CPAs, PLLC is not a law firm and offers no legal advice. Any tax advice contained on this website, or that on third party websites for which we provide a link, is not intended to be used, and cannot be used, for purposes of avoiding any penalties asserted under the Internal Revenue Code or for purposes of promoting, marketing or recommending to another party any transaction or matter addressed in this communication. If you require advice in relation to any tax, legal, financial or other matter you should consult an appropriate professional.

Limitations of Liability

TRP CPAs, PLLC will not be liable to you in relation to the contents of, or use of, or otherwise in connection with, this website:

  • to the extent that the website is provided free-of-charge, for any direct loss;
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if TRP CPAs, PLLC has been expressly advised of the potential loss.

Exceptions

Nothing in this website’s terms of use will exclude or limit any warranty implied by applicable federal or state law that it would be unlawful to exclude or limit; and nothing in this website’s terms of use will exclude or limit TRP’s liability in respect of any:

  • death or personal injury caused by TRP CPAs, PLLC’s negligence;
  • fraud or fraudulent misrepresentation on the part of TRP; or
  • matter which it would be illegal or unlawful for TRP to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Other Parties

You accept that, as a limited liability company, TRP CPAs, PLLC has an interest in limiting the personal liability of its members, partners and employees. You agree that you will not bring any claim personally against TRP’s members, partners or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect TRP’s members, partners, employees, agents, subsidiaries, successors, assigns and sub-contractors as well asTRP CPAs, PLLC.

Indemnity

You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal counsel) incurred or suffered by us arising out of any breach by you of any provision of these terms of use, or arising out of any claim that you have breached any provision of these terms of use.

Breaches of These Terms of Use

Without prejudice to our other rights under these terms of use, if you breach these terms of use in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

We may revise these terms of use from time-to-time. Revised terms of use will apply to the use of our website from the date of the publication of the revised terms of use on our website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms of use without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms of use.

Severability

If a provision of these terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Exclusion of Third Party Rights

These terms of use are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms of use is not subject to the consent of any third party.

Entire Agreement

These terms of use, together with our privacy policy, constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.

Law and Jurisdiction

These terms of use will be governed by and construed in accordance with the laws of the State of North Carolina, and any disputes relating to these terms of use will be subject to the jurisdiction of the courts of North Carolina.