Congratulations on joining iShade: The Accounting Profession Online -- and thank you for actually reading the terms and conditions for use of the iShade website!
We've put a lot of work into making this site and online community easy and valuable to use. As such, we have set forth the following set of rules which govern anyone who elects to login to the portal.
Many studies show that most users NEVER read the terms and conditions that apply to various websites they may belong to. Our hope is that you WILL read these, as we believe they set forth the guidelines for what we hope becomes a vibrant and robust community for accountants around the world.
Our terms and conditions are presented in two ways: First, in "Plain English" (PE), and second in "Legalese" (LZ). We'll start each area with the PE, and then expand with the LZ.
We are warning you right now though - this isn't the shortest document you've ever seen, but we do hope it is slightly more entertaining than those other terms and conditions you probably haven't read either.
Again, thank you for getting this far and reading our terms and conditions-our lawyers thank you as well. Let's begin!
- PE: Don't do anything illegal!
LZ: You shall not use the Website for any illegal purposes, and you will use it in compliance with all applicable laws and regulations.
- PE: Please don't hack us!
LZ: You agree not to use the Website in a way that may cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired. You agree not to attempt any unauthorized access to any part or component of the Website.
- PE: Play nice with other users AND know that we can't control what others do on iShade.com
LZ: You agree that in the event that you have any right, claim or action against any Users arising out of that User's use of the Website, then you will pursue such right, claim or action independently of and without recourse to us.
- PE: Don't go dragging us into court.
LZ: YOU AGREE TO BE FULLY RESPONSIBLE FOR (AND FULLY INDEMNIFY US AGAINST) ALL CLAIMS, LIABILITY, DAMAGES, LOSSES, COSTS AND EXPENSES, INCLUDING LEGAL FEES, SUFFERED BY US AND ARISING OUT OF ANY BREACH OF THE CONDITIONS BY YOU OR ANY OTHER LIABILITIES ARISING OUT OF YOUR USE OF THE WEBSITE, OR THE USE BY ANY OTHER PERSON ACCESSING THE WEBSITE USING YOUR COMPUTER OR INTERNET ACCESS ACCOUNT.
- PE: Remember, change happens! This site will evolve over time to meet the needs of its users.
LZ: We reserve the right to modify or withdraw, temporarily or permanently, the Website (or any part of) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website.
We may also alter these terms and conditions from time to time and notify you of such. Your use of the Website (or any part of) following such notification shall be deemed to be your acceptance of such change. If you do not agree to any change to the Conditions then you must immediately stop using the Website.
The Website is subject to constant change. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website.
- PE: Don't blame us - we can't control what happens outside of iShade!
LZ: We are not responsible for the availability of any external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of any third party websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.
- PE: Don't impersonate someone else and don't write or post anything you wouldn't want to show your mother (who knows, she might be a member of iShade). Even thought we give users the option to post comments anonymously, always maintain decorum worthy of the profession.
LZ: We have the right, but not the obligation, to monitor any activity and content associated with the Website. We may investigate any reported violation of these Conditions or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the Website).
- PE INTELLECTUAL PROPERTY MATTERS! iShade gives users the ability to upload resources to share with other members of the community. Unless covered by a separate agreement with iShade, all uploaded resources remain the sole property of the author / originator, and iShade claims no further right to them. As a user, you acknowledge that anything you upload to the site meets one of the following conditions: 1) it is your IP to distribute as you see fit; 2) it is not your IP, but you have permission to share it and will cite it appropriately; 3) it is something already available elsewhere in the public domain and covered under fair-use guidelines.
LZ You acknowledge and agree that all copyright, trademarks and other intellectual property rights in all material or content supplied as part of the Website shall remain vested in its author / originator. You are granted a license to access the materials available on this site for personal and firm use only, unless otherwise expressly authorized in writing by the author / originator.
- PE: We've checked everything at least ten times but mistakes happen!
LZ: WE MAKE NO WARRANTIES, WHETHER EXPRESS OR IMPLIED IN RELATION TO THE ACCURACY OF ANY INFORMATION WE PLACE ON THE WEBSITE. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR ENDORSEMENT. UNLESS SPECIFIED IN SEPARATE TERMS AND CONDITIONS RELATED TO A PARTICULAR PRODUCT OR SERVICE, WE MAKE NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, IN RELATION TO THE WEBSITE, OR PRODUCTS OR SERVICES OFFERED ON THE WEBSITE WHETHER BY US OR ON OUR BEHALF (INCLUDING FREE SOFTWARE DOWNLOADS) INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY, ACCURACY, CONDITION OR COMPLETENESS, OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OR TRADE.
- PE: Again, please don't sue us!
LZ: YOU ACKNOWLEDGE THAT WE CANNOT GUARANTEE AND THEREFORE SHALL NOT BE IN ANY WAY RESPONSIBLE FOR THE SECURITY OR PRIVACY OF THE WEBSITE AND ANY INFORMATION PROVIDED TO OR TAKEN FROM THE WEBSITE BY YOU.
WE WILL NOT BE LIABLE, IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), PRE-CONTRACT OR OTHER REPRESENTATIONS (OTHER THAN FRAUDULENT MISREPRESENTATIONS) OR OTHERWISE OUT OF OR IN CONNECTION WITH THE WEBSITE OR PRODUCTS OR SERVICES OFFERED ON THE WEBSITE WHETHER BY US OR ON OUR BEHALF (INCLUDING FREE SOFTWARE DOWNLOADS) FOR ANY ECONOMIC LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS OR ANTICIPATED SAVINGS) OR ANY LOSS OF GOODWILL OR REPUTATION, OR ANY LOSS OR CORRUPTION OF DATA, OR ANY SPECIAL OR INDIRECT OR CONSEQUENTIAL LOSSES; IN ANY CASE WHETHER OR NOT SUCH LOSSES WERE WITHIN THE CONTEMPLATION OF EITHER OF US AT THE DATE ON WHICH THE EVENT GIVING RISE TO THE LOSS OCCURRED.
- PE: Nobody's perfect.
LZ: If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Conditions and shall not effect the validity and enforceability of any of the remaining provisions of the Conditions. Nothing shall be construed as a waiver by us of any preceding or succeeding breach of any provision.
- PE: We hired a lawyer - if you have major questions about these T&C's, then maybe you should too.
LZ: These Conditions and documents referred to herein (as amended from time to time) contain the entire agreement between you and us relating to the subject matter covered and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between you and us in relation to such matters. No oral explanation or oral information given by either of us shall alter the interpretation of these Conditions. You confirm that, in agreeing to accept these Conditions, you have not relied on any representation save insofar as the same has expressly been made a representation in these Conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not become a term of these Conditions save that your agreement contained in this Clause shall not apply in respect of any fraudulent misrepresentation whether or not such has become a term of these Conditions.