Terms of ServiceReturn Home
Last Updated: 3/15/20211.
Welcome to COMO! Your use of COMO services, including the services COMO makes available through this website and all related web sites, mobile sites, data files, visualizations and applications which link to these terms of service (the “Site”) and to all software or services offered by COMO in connection with any of those, including the Catalyst Service and Pandemic Protection Service and any other software or services offered by COMO in connection with any of those (the “Services”) is governed by these terms of service (the “Terms”), so please carefully read them before using the Services. For the purposes of these Terms, “we,” “our,” “us,” and "COMO" refer to Como Catalysts, LLC., the provider and operator of the Services.
In order to use the Services, you must first agree to these Terms. If you are registering for or using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these Terms. In that case, “you” and “your” will also refer to that organization, wherever possible.
You agree your purchases and/or use of the Services are not contingent on the delivery of any future functionality or features or dependent on any oral or written public comments made by COMO or any of its affiliates regarding future functionality or features.
YOU REPRESENT AND WARRANT THAT: (I) BY USING OR REGISTERING FOR THE SERVICES YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT, (II) YOU HAVE THE AUTHORITY TO ENTER INTO THESE TERMS PERSONALLY OR ON BEHALF OF THE COMPANY YOU HAVE NAMED AS THE USER, AND TO BIND THAT COMPANY TO THESE TERMS, AND (III) YOU ARE NOT BARRED FROM USING THE SERVICES AND HAVE ALL RIGHTS, LICENSES AND AUTHORITY TO USE THE SERVICES.
ARBITRATION NOTICE: PLEASE BE AWARE THAT SECTION 16 OF THIS AGREEMENT, BELOW, CONTAINS PROVISIONS GOVERNING HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.
BY USING, REGISTERING FOR, DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING THE SERVICES OR ANY MATERIALS INCLUDED IN OR WITH THE SERVICES, YOU HEREBY AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, THEN YOU MAY NOT USE, REGISTER FOR, DOWNLOAD, INSTALL, OR OTHERWISE ACCESS THE SERVICES.
CERTAIN FEATURES OF THE SERVICES OR SITE MAY BE SUBJECT TO ADDITIONAL GUIDELINES, TERMS, OR RULES, WHICH WILL BE POSTED ON THE SERVICE OR SITE IN CONNECTION WITH SUCH FEATURES. TO THE EXTENT SUCH TERMS, GUIDELINES, AND RULES CONFLICT WITH THESE TERMS, SUCH TERMS SHALL GOVERN SOLELY WITH RESPECT TO SUCH FEATURES. IN ALL OTHER SITUATIONS, THESE TERMS SHALL GOVERN.
2. Description of Service
(a) COMO Services: As part of our Services, we provide you with management consultation, financial planning, business development strategy, and creative direction (“COMO Services”).
(i) Catalyst Service. Subject to the terms and conditions hereof, COMO’s scope of service and responsibilities for each client using our Catalyst Service will be delineated on a project-by-project basis. With each project’s goals and objectives detailed on an invoice. Each invoice describes terms of compensation and payment. The invoice’s terms and conditions are agreed to upon use of our Services.
(ii) Pandemic Protection. As part of our Services, we may make available to you our Pandemic Protection program, which is designed to provide you with financial guidance and concierge consulting on financing sources, public and private (“Pandemic Protection Services”).
(1) Engagement Letters. Use of the Pandemic Protection Services may require you to agree to additional terms and conditions, such as an annual engagement letter (“Engagement Letter”), which will be made available to you in connection with the services. The Pandemic Protection Services Engagement Letter can be found here.
(2) Services NOT Included. The Pandemic Protection Services Services DO NOT include any items not specifically listed in the relevant Engagement Letter, including without limitation, actual lending or brokering services, and USERS ARE SOLELY RESPONSIBLE FOR PERFORMING THEIR OWN BOOKKEEPING.
(iii) No Guaranteed Results or Responses. COMO does not make any representation or warranty that the Catalyst Services or Pandemic Protection Services will be appropriate for your needs or suitable for your business. COMO does not guarantee and expressly disclaims any particular results. SINCE THE CATALYST SERVICES AND PANDEMIC PROTECTION SERVICES ARE BASED ON THE INFORMATION YOU PROVIDE, COMO does not warrant that the Catalyst Services OR PANDEMIC PROTECTION SERVICES will be timely, accurate, current or complete. COMO may make available third party communication tools, such as VideoAsk, Typeform, and from Google, to enable you to communicate with our staff, but COMO makes no representation or warranty that such tools are secure or that our bookkeepers will be able to respond to you in a timely manner.
(iv) Pandemic Protection Services Disclaimer. All advice and information made available by COMO in connection with the Pandemic Protection Services is based on the information you provide to COMO. COMO is not responsible for any information or advice given based on any inaccurate, untrue, incomplete or out-of-date information provided by you. You are solely responsible for your acts and omissions related to the Pandemic Protection Services.
(b) Service Providers: You acknowledge and agree that any or all of the Services listed in this Agreement may be provided to you by third party service providers (“Service Providers”). In such instances, you agree that you will be required to accept and comply with the terms of service of such Service Provider. You explicitly authorize COMO and/or its Service Providers to fill, sign, and file forms and applications (“Forms”) on your behalf, to the extent necessary to provide you with the Services. You are not required or obliged to work with any of our Service Providers, and none of our Service Providers are required or obliged to work with any particular user. In the event you elect to work with one of our Service Providers, you acknowledge and agree that you are solely responsible for determining whether such Service Provider is appropriate for your business and holds the qualifications, training and skills necessary for your business. We may, upon your written request, attempt to introduce you to additional Service Providers, however, we do not guarantee the availability or willingness of any Service Provider to assist you. You agree to take full responsibility for providing COMO and/or its Service Providers with all necessary information to complete such Forms, and to communicate and cooperate with COMO and its Service Providers in all regards and in a timely manner with regards to the completion and filing of the Forms, as well as any other processes required by COMO or its Service Providers to provide you with the Services.
(i) No Responsibility for Advice and Information Provided. COMO is merely a facilitator of introductions between you and any Service Providers. COMO is not responsible for any advice or information provided by any Service Provider. COMO does not control any Service Providers is not responsible for the timeliness or responsiveness of any Service Provider.
(g) Not a Legal Service: You acknowledge, understand, and agree that: (i) COMO is not a law firm and as such provides no legal advice of any kind whatsoever, (ii) you alone are responsible for all corporate, tax, securities and other legal and financial reporting, payment and compliance aspects of your personal and business activities, (iii) all information, forms, tools, and materials provided through the Services are provided to you for informational and educational purposes only and do not constitute legal advice, and (iv) none of the Services is intended to create an attorney-client relationship, and if you communicate with COMO then your communication will not be subject to any attorney-client privilege. If you require legal advice at any time, you should consult with a licensed attorney. If you require financial advice, you should consult with a financial advisor. You are and will be representing yourself in any matter you undertake using the Services.
(k) Your Responsibilities: You are solely and exclusively responsible for (i) managing your business, (ii) keeping your address, contact, and other business information updated with your bank, Service Providers, and government authorities, (iii) communicating with your bank, Service Providers, and government authorities, (iv) observing filing deadlines and filing requirements, (v) paying any applicable fees and taxes, (vi) verifying the availability and appropriateness of the desired business name, (vii) dissolving your business, if desired, (viii) entering information accurately, and (ix) complying with the law. Failure to do any of the foregoing may result in delays in the Services or termination of your account The Services may enable you to send and receive valid e-signatures in the United States under the 2000 U.S. Electronic Signature in Global and National Commerce Act (ESIGN) and the Uniform Electronic Transactions Act (UETA) as adopted by individual states. COMO does not authenticate users’ signatures or identities. By using the Services, you hereby consent to using electronic signatures on COMO. You also agree that no certification authority or other third party verification is necessary to validate your electronic signature and that the lack of such certification or third party verification will not in any way affect the enforceability of your electronic signature or any resulting contract signed using COMO's electronic signature service and technology.
3. Your Account
In the course of registering for and using the Services, you may be required to provide COMO with certain information, including your name, contact information, social security number, bank account information, business information, username and password (“Credentials”). COMO handles such information with the utmost attention, care and security. Nonetheless, you, not COMO, shall be responsible for maintaining and protecting your Credentials in connection with the Services. If your contact information or other information relating to your account changes, you must notify COMO promptly and keep such information current. You are solely responsible for any activity using your Credentials, whether or not you authorized that activity. You should immediately notify COMO of any unauthorized use of your Credentials or if your email or password has been hacked or stolen. If you discover that someone is using your Credentials without your consent, or you discover any other breach of security, you agree to notify COMO immediately.
A variety of information, messages, text, graphics, software, photographs, videos, data, and other materials (“Content”) may be made available through the Services by COMO or its suppliers (“COMO-Supplied Content”). While COMO strives to keep the Content that it provides through the Services accurate, complete, and up-to-date, COMO cannot guarantee, and is not responsible for the accuracy, completeness, or timeliness of any COMO-Supplied Content.
ANY OPINIONS, ADVICE, STATEMENTS, SERVICES, OFFERS, OR OTHER INFORMATION THAT CONSTITUTE PART OF THE CONTENT EXPRESSED OR MADE AVAILABLE BY THIRD PARTIES, INCLUDING WITHOUT LIMITATION, SERVICE PROVIDERS, ARE THOSE OF THE AUTHORS OR DISTRIBUTORS AND NOT OF COMO OR ITS AFFILIATES OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS. COMO NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, SUBMISSION, POSTING, OR STATEMENT MADE THROUGH THE SERVICES. UNDER NO CIRCUMSTANCES WILL COMO, OR ITS AFFILIATES, BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON ANY CONTENT OR OTHER INFORMATION OBTAINED THROUGH THE SERVICES.
You acknowledge that you may also be able to create, transmit, publish or display information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) through use of the Services. All such information is referred to below as “User Content.”
You agree that you are solely responsible for and that COMO has no responsibility to you or to any third party for any User Content, and for the consequences of your actions (including any loss or damage which COMO may suffer) in connection with such User Content. If you are registering for these Services on behalf of an organization, you also agree that you are responsible for the actions of anyone else you permit to use your account and for any User Content that such individuals might upload, record, publish, post, link to, or otherwise transmit or distribute through use of the Services. Furthermore, you acknowledge that COMO does not control or actively monitor Content uploaded by users and, as such, does not guarantee the accuracy, integrity or quality of such Content. You acknowledge that by using the Services, you may be exposed to materials that are offensive, indecent or objectionable. Under no circumstances will COMO be liable in any way for any such Content.
COMO may refuse to store, provide, or otherwise maintain your User Content for any or no reason. COMO may remove your User Content from the Services at any time if you violate these Terms or if the Services are canceled or suspended. If User Content is stored using the Services with an expiration date, COMO may also delete the User Content as of that date. User Content that is deleted may be irretrievable. You agree that COMO has no responsibility or liability for the deletion or failure to store any User Content or other communications maintained or transmitted through use of the Services.
COMO reserves the right (but shall have no obligation) to monitor and remove User Content from the Services, in its discretion. You agree to immediately take down any Content that violates these Terms, including pursuant to a takedown request from COMO. In the event that you elect not to comply with a request from COMO to take down certain Content, COMO reserves the right to directly take down such Content.
Any tax advice included any communication may not contain a full description of all relevant facts or a complete analysis of all relevant tax issues or authorities. Such communication may not be used for the purposes of avoiding tax and/or penalties. Such communication is solely for the intended your (recipient's) benefit and may not be relied upon by any other person or entity.
Any communication (including messages and any attachments) may contain confidential information intended for a specific individual and purpose, and is protected by law. If you are not the intended recipient, you should delete such message and any disclosure, copying, or distribution of this message, or the taking of any action based on it, by you is strictly prohibited.
5. Proprietary Rights
You acknowledge and agree that COMO (or COMOs licensors) own all legal right, title and interest in and to the Services, Document Materials, and COMO-Supplied Content and that the Services, Document Materials, and COMO-Supplied Content are protected by copyrights, trademarks, patents, or other proprietary rights and laws (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
Except as provided in Section 4, COMO acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you create, upload, submit, post, transmit, share or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with COMO, you agree that you are responsible for protecting and enforcing those rights and that COMO has no obligation to do so on your behalf.
6. License from COMO and Restrictions on Use
COMO gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the Services solely for your internal business use, in the manner permitted by these Terms.
You may not (and you may not permit anyone else to): (i) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Services or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by COMO, in writing (e.g., through an open source software license); or (ii) attempt to disable or circumvent any security mechanisms used by the Services or any applications running on the Services.
You may not publicly share, redistribute, or sell Document Materials without COMO’s express written consent.
You may not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services). You may not access the Services in a manner intended to avoid incurring fees or exceeding usage limits or quotas.
You may not access the Services for the purpose of bringing an intellectual property infringement claim against COMO or for the purpose of creating a product or service competitive with the Services. You may not use any robot, spider, site search/retrieval application or other manual or automatic program or device to retrieve, index, “scrape,” “data mine” or in any way gather Content from the Services.
You agree that you will not upload, record, publish, post, link to, transmit or distribute User Content, or otherwise utilize the Services in a manner that: (i) advocates, promotes, incites, instructs, informs, assists or otherwise encourages violence or any illegal activities; (ii) infringes or violates the copyright, patent, trademark, service mark, trade name, trade secret, or other intellectual property rights of any third party or COMO, or any rights of publicity or privacy of any party; (iii) attempts to mislead others about your identity or the origin of a message or other communication, or impersonates or otherwise misrepresents your affiliation with any other person or entity, or is otherwise materially false, misleading, or inaccurate; (iv) promotes, solicits or comprises inappropriate, harassing, abusive, profane, hateful, defamatory, libelous, threatening, obscene, indecent, vulgar, pornographic or otherwise objectionable or unlawful content or activity; (v) is harmful to minors; (vi) utilizes or contains any viruses, Trojan horses, worms, time bombs, or any other similar software, data, or programs that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, personal information, or property of another; or (vii) violates any law, statute, ordinance, or regulation (including without limitation the laws and regulations governing export control, unfair competition, anti-discrimination, or false advertising).
You may not use the Services if you are a person barred from receiving the Services under the laws of the United States or other countries, including the country in which you are resident or from which you use the Services. You affirm that you are over the age of 18, as the Services are not intended for use by individuals under 18.
7. Pricing Terms
(a) Generally. We provide the Services to you at the rates and for the fees (“Fees”) described in our Pricing Terms, which will be communicated to you in the course of your registration for and/or use of the Services, and are incorporated into this Agreement. These may include one-time Fees for formation and related filing services and costs; and may include ongoing fees for maintaining your business status or for providing the Services.
Generally, we charge our Fees up front prior to the performance of any Services, and charge for any expenses in arrears. Unless otherwise stated, all Fees are non-refundable. In the event you fail to make any payment, COMO will provide you with seven (7) days to cure such failure, otherwise COMO may terminate these Terms with or without notice. COMO may charge the payment method (e.g., credit card, debit card, or PayPal) and is authorized to initiate entries, credit or debit, to client bank account in accordance with invoice payments. If COMO collects fees for services provided by Service Providers, COMO's sole role is to collect and remit fees to these Service Providers. COMO may also facilitate direct payments to Service Providers, cities, states and other governmental agencies. If COMO facilitates direct payment to Service Providers, cities, states or other governmental agencies, COMO takes no role or responsibility in the collection or remittance of fees. COMO does not take on any obligation with respect to the delivery of the relevant services provided by Service Providers. To the extent the Fees you provide COMO include amounts associated with the filing fees for Forms, you authorize COMO to pay such filing fees on your behalf. For the sake of clarity, COMO does not remit income or payroll taxes, or hold money on behalf of the client.
(b) Discounts and Other Promotions. Any discount or other promotion must be used within the specified time of the trial. At the end of the trial period, your discount or other promotion will expire and no further discounts or promotional benefits will be provided.
(c) Taxes. The payments required under this Section do not include any sales or use tax and any other tax measured by sales proceeds that is the functional equivalent of of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.
(d) Referral Programs. COMO may, from time to time, offer certain referral incentive programs. Any such programs will be subject to the additional terms that accompany such program. Unless otherwise stated in the applicable referral program terms, all amounts owed by COMO to users will be provided in the form of a credit that may only be applied to the Services, and will not be transferrable.
8. Privacy Policies
Notwithstanding anything to the contrary, you agree to permit COMO to identify your business as a customer and to use your name and/or logo in COMO’s website and marketing materials.
9. Modification and Termination of Services
You may terminate these Terms at any time by canceling your account on the Services. You will not receive any refunds if you cancel your account.
You agree that COMO, in its sole discretion and for any or no reason, may terminate your account or any part thereof. You agree that any termination of your access to the Services may be without prior notice, and you agree that COMO will not be liable to you or any third party for such termination.
You are solely responsible for exporting your User Content from the Services prior to termination of your account for any reason, provided that if we terminate your account, we will endeavor to provide you a reasonable opportunity to retrieve your User Content.
Upon any termination of the Services or your account these Terms will also terminate, but all provisions of these Terms which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Following cancellation of your account, you will have a reasonable period of time to download all data and information you have saved with our Services. You are solely responsible for any and all matters related to your business following termination of your Account. COMO will not have any further liability or any obligations with respect to your business or any Service Providers you may have engaged via the Services, including without limitation, corporate compliance issues, business license renewals and/or closures, EIN closures, bank accounts, tax returns and bookkeeping.
10. Changes to the Terms
These Terms may be amended or updated from time to time without notice and may have changed since your last visit to the website or use of the Services. It is your responsibility to review these Terms for any changes. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, please stop using the Services. Please visit this page regularly to review these Terms for any changes.
11. Disclaimer of Warranty
(a) Generally. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES ARE AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
COMO, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS MAKE NO EXPRESS WARRANTIES AND DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE SERVICES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COMO, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) USAGE DATA PROVIDED THROUGH THE SERVICES WILL BE ACCURATE.
(b) Service Providers. COMO SHALL HAVE NO RESPONSIBILITY OR LIABILITY WITH RESPECT TO THE ACTS OR OMISSIONS OF ANY SERVICE PROVIDER, INCLUDING, WITHOUT LIMITATION, ANY INFORMATION, OPINIONS OR ADVICE PROVIDED THEREBY.
(c) Your Actions. COMO SHALL HAVE NO RESPONSIBILITY FOR YOUR ACTS OR OMISSIONS IN CONNECTION WITH THE SERVICES. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING WHETHER THE SERVICES ARE APPROPRIATE FOR YOU, AND FOR ANY RELIANCE THEREON. YOU ARE ALSO RESPONSIBLE FOR ANY ACTS OR OMISSIONS TAKEN WITH RESPECT TO ANY INFORMATION OR ADVICE PROVIDED BY OR ON BEHALF OF COMO.
(d) Limited Exclusions. NOTHING IN THESE TERMS, INCLUDING SECTIONS 11 AND 12, SHALL EXCLUDE OR LIMIT COMO’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.
12. Limitation of Liability
SUBJECT TO SECTION 11 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMO, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
THE LIMITATIONS ON COMO'S LIABILITY TO YOU IN THIS SECTION SHALL APPLY WHETHER OR NOT COMO HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
SOME STATES AND JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL COMO’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT THAT YOU HAVE ACTUALLY PAID FOR THE SERVICES IN THE PAST TWELVE MONTHS, OR ONE HUNDRED DOLLARS ($100.00), WHICHEVER IS GREATER.
You agree to hold harmless and indemnify COMO, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or Service Providers (Collectively “COMO and Partners”) from and against any third party claim arising from or in any way related to (a) your breach of the Terms, (b) your use of the Services, (c) your violation of applicable laws, rules or regulations in connection with the Services, or (d) your User Content or use thereof, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature
.14. Third-Party Content & ServicesThe Services may include references or hyperlinks to other web sites or content or resources or email content. COMO has no control over any websites or resources which are provided by companies or persons other than COMO. You acknowledge and agree that COMO is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such websites or resources.
You acknowledge and agree that COMO is not liable for any loss or damage which may be incurred by you or other users as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such websites or resources.
The Services may also incorporate certain third party software and services (“Third Party Services”), which is licensed subject to the terms and conditions of the third party licensing such Third Party Services. Nothing in these Terms limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable license for such Third Party Services.
You may choose to or we may invite you to submit comments or ideas about the Services, including without limitation about how to improve the Services or our products. By submitting any feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place COMO under any fiduciary or other obligation, and that we are free to use such feedback without any additional compensation to you, and/or to disclose such feedback on a non-confidential basis or otherwise to anyone.
16. ArbitrationPlease read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with COMO and limits the manner in which you can seek relief from us.
18. Contact Us
If you have any questions about these Terms or if you wish to make any complaint or claim with respect to the Services, please contact us at firstname.lastname@example.org or direct physical mail to:
COMO CATALYSTS, LLC.
2665 S Bayshore Dr #605
Miami, FL 33133
When submitting a complaint, please provide a brief description of the nature of your complaint and the specific services to which your complaint relates.
COMO Pandemic Protection Services Engagement Letter
Last Updated: 3/16/2021
This Engagement Letter (“Engagement Letter”) is made and entered into by and between Como Catalysts, LLC. (“COMO”) and you (the “Client” or “you”) as of the date this Engagement Letter is executed or otherwise entered into by you in accordance with the terms herein by you (the “Effective Date”). This Engagement Letter is incorporated into the Terms of Service Agreement available at https://www.comocatalysts.com/terms-of-service.html (the “Agreement”). Capitalized terms used herein, but undefined will have the meaning given to such term in the Agreement.
BY REGISTERING FOR, USING AND/OR RECEIVING THE PANDEMIC PROTECTION SERVICES, OR BY CLICKING THE “I ACCEPT” OR SIMILAR BUTTON, YOU AGREE TO THE TERMS OF THIS ENGAGEMENT LETTER.
The duties and obligations of both the Client and COMO shall commence on the Effective Date and continue for a period of one (1) year thereafter (the “Initial Term”). Thereafter, this Engagement Letter will automatically renew for successive one (1) year periods (each, a “Renewal Term”, and together with the Initial Term, the “Term”), unless either party provides at least thirty (30) days’ notice prior to the end of the Initial Term, or Renewal Term, as applicable, of its intent to terminate this Engagement Letter. Notwithstanding the foregoing, COMO may require you to consent to an updated Engagement Letter in a specified manner prior to each Renewal Term before any Pandemic Protection Services for the then applicable Renewal Term may be provided. This Engagement Letter may be terminated by either party by giving a thirty (30) day written notice in accordance with the Agreement. Furthermore, either party may terminate this Engagement Letter for cause in the event the other party breaches any material term and fails to cure such breach within seven (7) days of the non-breaching party’s notice thereof.
Subject to the terms and conditions of the Agreement, including the payment of applicable fees, COMO agrees to provide the following advice services during the Term (“Pandemic Protection Services”):
One-time: (1) Secure funding from public and private sources in a capital campaign manner to help assist against economic injury resulting particularly from the Pandemic. Consult on all necessary steps for approval, progress maintenance, and closing.
(2) If a client seeks consultation on the Paycheck Protection Program as detailed in the CARES ACT, COMO Pandemic Protections Services will provide consultation that may or may not result in funding. In the case of funding, COMO guarantees no client financial obligation if government-backing fails to cover completely any loan correctly applying for Small Business Administration and lender forgiveness.
Ongoing: (1) Maintain client services obligations until all requirements of financing have been met or financial forgiveness has been applied.
3. Out of Scope
We are not a PPP loan agent.
4. Client Obligations
Compensation to COMO Upon Successful Funding Pursuant to Pandemic Protection Services
The CLIENT agrees to compensate COMO the appropriate percentage of the line of credit and/or equity infusion obtained in total by COMO on behalf of the CLIENT, based on the payment sliding scale below. Such funds will be due and payable at the time of closing by lender on the line of credit or the infusion of equity by a capital source. COMO will invoice CLIENT detailing payment due within 24 hours and methods upon which payment may be received.
Loan Amount / Fee (Percentage)
$5,000 - $50,000 / 40%
$50,000 - $100,000 / 30%
$100,000 - $250,000 / 20%
$250,000+ / 10%
Cooperation and Access to Information
Client acknowledges and agrees that COMO’s performance hereunder is conditioned upon Client’s performance of its obligations herein and reasonable cooperation. Client agrees to provide COMO with any information and permissions reasonably requested by COMO in order to perform the Pandemic Protection Services. Without limitation, Client will either (i) provide COMO with electronic transaction access to its bank accounts and credit card accounts, or (ii) provide COMO with its monthly statements related to its bank accounts and credit cards. COMO acknowledges information is the confidential information of Client, and will use such information and/or access solely for the purpose of performing its obligations herein. In the event Client provides COMO with electronic access to its bank accounts and/or credit card accounts, Client represents and warrants that it has all rights necessary to grant COMO access to such accounts, and that COMO’s use of such accounts will not require COMO to pay any fees.
Do Not Commingle Funds
Client acknowledges that COMO's performance of its obligations herein, and any advice or information provided by COMO in connection with the Pandemic Protection Services is based upon the information provided and made available by Client. Client further acknowledges that in the event Client commingles its business accounts with its or its spouse’s personal accounts and expenses, that COMO cannot accurately perform the Pandemic Protection Services. As such Client agrees that it shall not commingle any business accounts or expenses with any of Client’s (or its spouse’s or other third party’s) accounts or expenses.
Accuracy of Information
You represent, warrant and covenant to COMO that all information you provide to COMO in connection with the Pandemic Protection Services Services is accurate, complete, current and true, and that if you discover that any such information is inaccurate, incomplete, out-of-date or false, you will immediately notify COMO in writing and promptly correct such information. You acknowledge and agree that you shall be solely responsible for, and shall hold COMO, its affiliates and their respective officers, directors, employees and contractors harmless from any costs, expenses (including reasonable attorneys’ fees), damages, judgments, liabilities, losses, penalties and settlements arising from or related to your breach of the foregoing representation and warranty. COMO shall not be responsible or liable to you or any other person or entity for any delays, penalties or other consequences arising from your breach of the foregoing representation and warranty.
5. Treatment of Personal Information
The Pandemic Protection Services Services will be provided solely with respect to that business you have identified to COMO in connection with your COMO account. COMO will not perform an audit or review of your financials or any other related documents you may provide. All advice and information made available by COMO in connection with the Pandemic Protection Services Services is based on the information you provide to COMO, and the Pandemic Protection Services Services cannot be relied upon to discover errors, fraud, defalcations or other irregularities, should any exist. We will not audit or otherwise verify the information you submit, although we may ask you for clarification of some of the information. COMO is not responsible for any information or advice given based on any inaccurate, untrue, incomplete or out-of-date information provided by you. You are solely responsible for your acts and omissions related to the Pandemic Protection Services Services.
7. No Guaranteed Results or Responses.
COMO does not make any representation or warranty that the Pandemic Protection Services will be appropriate for your needs or suitable for your business. COMO does not guarantee and expressly disclaims any particular results. SINCE THE PANDEMIC PROTECTION SERVICES ARE BASED ON THE INFORMATION YOU PROVIDE, COMO does not warrant that the Pandemic Protection Services will be timely, accurate, current or complete. COMO may make available third party communication tools, such as Typeform, to enable you to communicate with our staff, but COMO makes no representation or warranty that such tools are secure or that our staff will be able to respond to you in a timely manner.
Client acknowledges and agrees that the Agreement https://www.comocatalysts.com/terms-of-service.html is incorporated herein by reference, and that the terms thereof shall apply to the performance of each party’s obligations herein, including, without limitation, the sections relating to Limitation of Liability, Indemnification and Arbitration.
PPP Loan Assistance Terms
Last updated: March 15, 2021
These PPP Loan Assistance Terms (“Additional Terms”) apply to those businesses or entities (“Business”) that have chosen to take advantage of COMO’s Pandemic Protection Services (hereafter the “Program”), which can be used to assist Businesses in applying for Paycheck Protection Program Loans (“PPP Loans”). These PPP Loans are provided by third-party private lenders and are backed by the United States federal government.
These Additional Terms are a part of and subject to the COMO Terms of Service, and all capitalized terms used herein without definition shall have the meaning given to them in such Terms of Service. The Program as serviced by COMO is part of the Services.
By participating in the Program, you agree to be bound by these Additional Terms as well as other terms, policies, and guidelines applicable to the PPP Loans, including, but not limited to, the PPP Loan agreements and all relevant disclosures between you and the applicable Third-Party Partner.
You acknowledge that you are applying for a PPP Loan for business purposes or on behalf of a Business for business purposes. You further acknowledge that you are authorized to accept these terms on behalf of the Business and that the Business accepts these terms.
In order to be eligible to participate in the Program, you must be a Business currently registered for the Services and in good standing. COMO does not offer support with consumer stimulus programs or consumer loans, and consumers are not eligible for PPP Loans.
Any advice or guidance given by or on behalf of COMO in connection with the Program is given solely for informational purposes. This guidance is not legal, accounting, or tax advice. You should contact your lawyer, accountant, or tax professional should you need such advice.
We do not guarantee any particular outcome from your participation in the Program, including whether you will be granted a PPP Loan. We use reasonable efforts to assist all Businesses interested in the Program, but due to a high volume of requests, we cannot guarantee how quickly we can respond to you.
The Program offered at no upfront charge to Businesses. You understand that COMO IS NOT paid a commission by its Third-Party Partners who grant PPP Loans, and COMO does not endorse any particular Third-Party Partner.
As further detailed below, in the context of your PPP Loan application, we may pass your information to one or more Third-Party Services and/or Third-Party Partners in order to determine your eligibility for a PPP Loan, determine your PPP Loan size, accelerate your PPP Loan application, and/or help you get approved. These Third-Party Partners have the right to contact you directly and if you use their services or provide them additional information you understand you will be consenting to their terms, which may be different from these Additional Terms or our Terms of Sergice.
These Additional Terms may be modified as described in the Terms of Service. COMO may discontinue the Program at any time, without prior notice.
You shall perform all acts necessary to authorize and/or enable COMO and each applicable Third-Party Service and Third-Party Partner to release the following information (if requested) for those purposes detailed below.
Collection of Bank Information
When you share or provide access to bank statements, bank data, passwords, usernames, PINs, login information and/or any other personal or financial information about you and/or your Business in connection with the Program (referred to collectively as “Bank Information”), you are licensing that content to COMO and each of the applicable Third-Party Services and Third-Party Partners for the purposes described in these Additional Terms and the Privacy Policies. You agree that all Bank Information will be subject to these Additional Terms and the Privacy Policies. For the avoidance of doubt, Bank Information is considered User Data as defined in the Terms of Service. You represent that you are a legal owner of, and that you are authorized to provide COMO and each of the applicable Third-Party Services and Third-Party Partners with Bank Information on behalf of yourself, your Business and/or any other account owner(s).
Use of Bank Information
You give COMO and each of the applicable Third-Party Services and Third-Party Partners permission to use your Bank Information for purposes of: (i) evaluating your PPP Loan application, (ii) evaluating your Business’s eligibility for any current or future financial services offers and marketing these offers to you and your Business, (iii) servicing and collections activities related to the Program, including but not limited to determining the amount of funds in your bank account available to be debited for PPP Loan repayment as authorized by the PPP Loan agreement between you and the applicable Third-Party Partner, (iv) investigating and reporting fraud or alleged fraud, (v) evaluating your Business for any products or services offered by COMO and marketing these products or services to you and your Business, (vi) compliance with anti-money laundering (“AML”) and OFAC sanctions programs, and (vii) internal analytics, credit modeling and product development. In addition, you give COMO and each of the applicable Third-Party Services and Third-Party Partners permission to use your Bank Information for any purpose specified in the Privacy Policies and any other purpose related to the Program.
Duration of Access
When you link a bank account in connection with the Program, you authorize COMO and each of the applicable Third-Party Services and Third-Party Partners to continue to collect Bank Information from the financial institution you specify for as long as your business continues to be part of the Program or for as long as your PPP Loan is outstanding, whichever is longer. The frequency at which COMO and each of the applicable Third-Party Services and Third-Party Partners will collect Bank Information during this period will vary. You can revoke this authorization by writing COMO at email@example.com.Your revocation will not affect our ability to electronically credit and debit your Program-linked bank account to the extent permitted under any applicable terms and agreements. The Bank Information collected with your consent prior to your revocation will continue to be reviewed, used, stored and shared in a manner consistent with these Additional Terms and the Privacy Policies.
Collection of Payroll Information
COMO uses Third-Party Services (including, without limitation, Plaid) to gather data from payroll providers. If you link a payroll account in connection with the Services, a Third-Party Service will collect data directly from the payroll provider you specify. You grant COMO and each applicable Third-Party Service and Third-Party Partner the right, power, and authority to act on behalf of you and your Business to access and transmit personal and financial information about you, your Business and your employees from the payroll provider you specify. Payroll providers are considered Third-Party Services pursuant to the Terms of Service. You agree to such personal and financial information being collected, transferred, stored and processed in accordance with our Privacy Policies.
When you share or provide access to payroll information, employment data and records, passwords, usernames, PINs, login information and/or any other personal or financial information about you and/or your Business and its employees in connection with the Services (referred to collectively as “Payroll Information”), you are licensing that Payroll Information (which is considered User Data) to COMO, and each applicable Third-Party Service and Third-Party Partner for the purposes described in these Additional Terms and the Privacy Policies. You agree that all Payroll Information will be subject to these Additional Terms, COMO’s Terms of Service, and the Privacy Policies. You represent that you are a legal owner of, and that you are authorized to provide COMO, the applicable Third-Party Services and Third-Party Partners, and Plaid with Payroll Information on behalf of yourself, your Business and/or any other account owner(s).
Use of Payroll Information
You give COMO and the applicable Third-Party Services and Third-Party Partners permission to use your Payroll Information for purposes of: (i) evaluating your PPP Loan application, (ii) evaluating your Business’s eligibility for financial services offers, (iii) servicing and collections activities related to your PPP Loan, (iv) investigating and reporting fraud or alleged fraud, (v) compliance with AML and OFAC sanctions programs, and (vi) determining your eligibility for forgiveness of your PPP Loan under applicable federal regulations. In addition, you give COMO, the applicable Third-Party Services and Third-Party Partners, and Plaid permission to use your Payroll Information for any purpose specified in the Privacy Policies and any other purpose related to the Program.
Duration of Access
When you link a payroll account in connection with the Services, you authorize COMO and each applicable Third-Party Service and Third-Party Partner to continue to collect Payroll Information from the payroll provider you specify for as long as your business continues to use the Services or for as long as your PPP Loan remains outstanding, whichever is longer. The frequency at which COMO and each applicable Third-Party Service and Third-Party Partner will collect Payroll Information during this period will vary. You can revoke this authorization by writing COMO to firstname.lastname@example.org The Payroll Information collected with your consent prior to your revocation will continue to be reviewed, used, stored and shared in a manner consistent with these Additional Terms and the Privacy Policies.
Credit Reports, Tax Filings, and Public Records
You give COMO and each applicable Third-Party Service and Third-Party Partner permission to access your consumer credit reports, tax filings, and public records for purposes of: (i) evaluating your PPP Loan application, (ii) evaluating your Business’s eligibility for any current or future financial services offers and marketing these offers to you and your Business, (iii) servicing and collections activities related to your PPP Loan, (iv) investigating and reporting fraud or alleged fraud, (v) compliance with AML and OFAC sanctions programs, (vi) internal analytics, credit modeling and product development, and (vii) any other purpose related to the Program. Checking your credit report for any of these reasons will not impact your credit score. You understand that, after evaluating your complete application and checking your credit report, Third-Party Partners may decide not to offer a PPP Loan to your Business.
You understand that if your PPP Loan application is declined based on any information from your consumer credit report, COMO, on behalf of the applicable Third-Party Services and Third-Party Partners, will send a notice of this action to the business email address provided in the PPP Loan application. You acknowledge that such notice may include your personal credit score and information.
You consent to allow COMO to continue to access your consumer credit report, tax filings, and public records for as long as your PPP Loan remain outstanding.
You will indemnify, defend and hold harmless COMO and applicable Third-Party Service and Third-Party Partner (and their respective employees, directors, agents, affiliates and representatives) from and against any and all claims, costs, losses, damages, judgments, tax assessments, penalties, interest, and expenses (including without limitation reasonable attorneys’ fees) arising out of any claim, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity that arises out of or relates to: (a) any actual or alleged breach of your representations, warranties, or obligations set forth in these Additional Terms or any activity by you in relation to the Program or your participation in the Program; (b) your wrongful or improper use of the Services or Program; (c) your violation of any third-party right, including without limitation any right of privacy; (d) your violation of any law, rule or regulation of the United States or any other country; and (e) any other party’s access and/or use of the Services with your unique name, password or other appropriate security code.
To help the government fight the funding of terrorism and money laundering activities, Federal law requires COMO and its Third-Party Partners to obtain, verify, and record information that identifies each person who opens an account. When applying for a PPP Loan from a Third-Party Partner, we will obtain your name, address, date of birth and may ask you for other information that will allow COMO to identify you. We reserve the right to close, suspend, or limit access to the Program in the event we are unable to obtain or verify this information.
Last Updated: 1/13/2021
2. Collection of Information
When registering for or using the Services, we may require or ask you to provide certain personally identifiable information (these are referred to below as your “Personal Contact Information”). The Personal Contact Information that we require you to provide in order to access the Services may include, but is not limited to, the following:
- Full Name
- Email Address
- Phone Number
- Personal Address
- Company Name
- Company Address
We may also ask for your Social Security Number (“SSN”) solely in connection with the provision of our EIN Service and Business License Service. Once we have helped you obtain an EIN or license for your business, your SSN information is promptly deleted from our system.
When purchasing the Services, we will require you to provide financial and billing information, such as billing name and address, and credit card number (“Billing Information”). A third-party intermediary is used to manage credit card processing. This intermediary is not permitted to store, retain, or use your billing information for any purpose except for credit card processing on our behalf. Collective stores elements of your Billing Information, but does not store your credit card number.
Your Personal Contact Information and your Billing Information (together with Data, Diagnostic, Login, Usage and Analytics, and Generalized Geo-Location Information, as defined below, that may be used to identify, contact, or locate you individually) are collectively referred to as your “Personal Information.”
We may use your Personal Information to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
Data, Diagnostic & Login Information
You may be able to create, upload, publish, transmit, distribute, display, store or share information, data, text, graphics, video, messages or other materials using our Services (this is collectively referred to below as “Data”). Some of this Data may be stored and maintained on our servers. If you run into technical errors in the course of using the Services, we may request your permission to obtain a crash report along with certain logging information from your system documenting the error (“Diagnostic Information”). Such information may contain information regarding your Operating System version, hardware, browser version, and your email address, if provided. Additionally, certain login information may be maintained in a cookie stored locally on your personal computing device, i.e. not on a server, in order to streamline the login process (“Login Information”).
Usage and Analytics Information
As you use our Services, we may also collect information through the use of commonly-used information-gathering tools, such as cookies, log files, and Web beacons, each as further described below. Collectively, this information is referred to as “Usage and Analytics Information.”
As is true of most websites, we gather certain information automatically to analyze trends in the aggregate and administer the Services. This information may include your Internet Protocol (IP) address (or the proxy server you use to access the World Wide Web), device and application identification numbers, your location, your browser type, your Internet service provider and/or mobile carrier, the pages and files you viewed, your searches, your operating system and system configuration information, and date/time stamps associated with your usage. Due to Internet communications standards, when you visit or use our websites and Services, we automatically receive the URL of the website from which you came and the website to which you go when you leave our website. This information is used to analyze overall trends, to help us improve the Services, to track and aggregate non-personal information, and to provide the Services. For example, we use IP addresses to monitor the regions from which customers and visitors navigate the Sites.
We use web beacons alone or in conjunction with cookies to compile information about your usage of the Services and interaction with emails from us. Web beacons are clear electronic images that can recognize certain types of information on your computer, such as cookies, when you viewed a particular website or Service tied to the web beacon, and a description of a website or Service tied to the web beacon. For example, we may place web beacons in marketing emails that notify us when you click on a link in the email that directs you to one of our websites. We also use web beacons to operate and improve the Services and our email communications.
We do not use GPS technology to collect any information regarding your precise real-time geo-location while using the Services. However, we may use elements of your Usage and Analytics Information (such as your IP address) to determine your generalized location. This information is referred to as “Generalized Geo-Location Information.” Please be aware that some of our 3rd party vendors may utilize applications that require location services'.
3. Use of Information
We use the information we collect in the following ways:
Personal Contact Information
We use this information to manage your account, to provide the Services, to maintain our customer/visitor lists, to respond to your inquiries or provide feedback, for identification and authentication purposes, for service improvement, and to address issues like malicious use of the Services. We may also use Personal Contact Information for limited marketing purposes, namely, to contact you to further discuss your interest in the Services, and to send you information about us or our partners. Any use of your Personal Contact Information for these limited marketing purposes will comply with applicable laws. Note: We do not use your SSN for any purpose other than to provide you with our EIN Service.
We use Billing Information to manage your account, to provide the Services, and to check the financial qualifications of prospective customers and to collect payment for the Services.
Data, Diagnostic Information and Login Information
We use this information for the purpose of administering and improving our Services to you. We may also use this information in a de-identified, anonymous way in conjunction with an analytics service such as Google Analytics to monitor and analyze use of the Services, for the Services’ technical administration, to increase the Services’ functionality and user-friendliness, and for other legitimate business purposes.
Usage and Analytics Information
We may use your Usage and Analytics Information in conjunction with an analytics service such as Google Analytics to monitor and analyze use of the Services, for the Services’ technical administration, to increase the Services’ functionality and user-friendliness, to enable more effective responses to support requests, to ensure compliance with customer subscription and service limitations, and to inform company research and development.
Generalize Geo-Location Information
We may use this information for the purpose of administering and improving our Services to you, such as by providing you with relevant advertisements and promotions. We may also use your Generalized Geo-Location Information in an anonymized manner in conjunction with an analytics service such as Google Analytics to monitor and analyze use of the Services, for the Services’ technical administration, and to increase the Services’ functionality and user-friendliness.
4. Do Not Track
5. Disclosures & Transfers
We have put in place contractual and other organizational safeguards with our agents and contractors (see further below) to protect a proper level of protection of your Personal Information (see further “Security” below). Your information, including Personal Information, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.
If you are located outside the United States and choose to provide information to us, please note that we transfer the data, including Personal Information, to the United States and process it there.
From time to time we may employ third parties as contractors to help us provide and/or improve the Services. These third parties may have limited access to databases of user information or registered member information solely for the purpose of helping us to provide and/or improve the Services and they will be subject to contractual restrictions prohibiting them from using the information about our members for any other purpose. Such agents or third parties do not have any rights to use Personal Information beyond what is necessary to assist us. For additional information regarding our third party contractors, please see Section 12 below.
We may also disclose your Personal Information with your consent.
6. Important Exceptions
We may disclose your Personal Information to third parties without your consent if we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, other users of the Services, or anyone else (including the rights or property of anyone else) that could be harmed by such activities. We may disclose Personal Information when we believe in good faith that such disclosure is permitted or required by and in accordance with the law.
The security of your Personal Information is important to us. Taking into account the state of the art, the costs of implementation, and the nature, scope, context and purposes of processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, we have and continue to implement commercially reasonable technical and organizational measures designed to ensure a level of security reasonably appropriate to the risk to those whose Personal Information we process. We also use commercially reasonable technical, administrative, and physical safeguards designed to preserve the integrity and security of the Personal Information that you provide to us. We have implemented procedures designed to limit the dissemination of your Personal Information to only such designated staff as are reasonably necessary to carry out the stated purposes we have communicated to you.
You are also responsible for helping to protect the security of your Personal Information. For instance, never give out your password, and safeguard your user name, password and personal credentials when you are using the Services, so that other people will not have access to your Personal Information. Furthermore, you are responsible for maintaining the security of any personal computing device on which you utilize the Services.
If we learn of a security breach, we may attempt to notify you electronically so that you can take appropriate protective steps. We may also post a notice on our website if a security breach occurs. Depending on where you live, you may have a legal right to receive notice of a security breach in writing.
8. Sharing Information with Other Users Third Parties
We will retain copies of the records you have supplied to us along with work papers for your engagement for a period of seven years from the original due date of the applicable return. Please notify us within this period if you need copies of any of these materials. After seven years, work papers and engagement files will be destroyed. Your original records will be returned to you at the end of this engagement. Working papers and files that we or the Service Provider maintain are not a substitute for your original records, and you should arrange for secure storage of the originals.
11. Access and Accuracy; Correcting Personal Information
You have the right to access the Personal Information we hold about you in order to verify the Personal Information we have collected with respect to you and to have a general account of our uses of that information. Upon receipt of your written request, we will provide you with a copy of your Personal Information, although in certain limited circumstances we may not be able to make all relevant information available to you, such as where that information also pertains to another user. In such circumstances we will provide reasons for the denial to you upon request. We will endeavor to deal with all requests for access and modifications in a timely manner.
We will make every reasonable efforts to keep your Personal Information accurate and up-to-date, and we will provide you with mechanisms to correct, amend, delete, or limit the use of your Personal Information. As appropriate, this amended Personal Information will be transmitted to those parties to which we are permitted to disclose your information. Having accurate Personal Information about you enables us to give you the best possible service.
In certain circumstances, you have the right:
- To access and receive a copy of the Personal Information we hold about you
- To rectify any Personal Information held about you that is inaccurate
- To request the deletion of Personal Information held about you
You have the right to data portability for the information you provide to us. You can request to obtain a copy of your Personal Information in a commonly used electronic format so that you can manage and move it.
Please note that we may ask you to verify your identity before responding to such requests. Please also note that should you request some information deleted, we may need to request this information again to continue providing services. Please note that we will require each individual to request their own information, even in the cases of spouses.
12. Service Providers
We may employ third-party companies and individuals to facilitate our Services (“Service Providers”), to provide the Services on our behalf, to perform Service-related services or to assist us in analyzing how our Services is used. These third parties have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
What are cookies?
Cookies are small text files containing a string of characters that can be placed on your computer or mobile device that uniquely identify your browser or device.
What are cookies used for?
Cookies allow a site or services to know if your computer or device has visited that site or service before. Cookies can then be used to help understand how the site or service is being used, help you navigate between pages efficiently, help remember your preferences, and generally improve your browsing experience. Cookies can also help ensure marketing you see online is more relevant to you and your interests.
What types of cookies do we use?
There are generally four categories of cookies: “Strictly Necessary,” “Performance,” “Functionality,” and “Targeting.” We routinely use all four categories of cookies on the Service. You can find out more about each cookie category below.
1. Strictly Necessary Cookies. – These cookies are essential, as they enable you to move around the Service and use its features, such as accessing logged in or secure areas. Because these cookies are essential, they cannot be disabled.
3. Functionality Cookies. – These cookies allow us to remember how you’re logged in, whether you chose to no longer see advertisements, when you logged in or out, and the state or history of Service tools you’ve used. These cookies also allow us to tailor the Service to provide enhanced features and content for you and to remember how you’ve customized the Service in other ways. The information these cookies collect are anonymous, and they are not used to track your browsing activity on other sites or services.
4. Targeting Cookies. – Us, our advertising partners or other third party partners may use these types of cookies to deliver advertising that is relevant to your interests. These cookies can remember that your device has visited a site or service, and may also be able to track your device’s browsing activity on other sites or services other than ours. This information may be shared with organizations outside of ours, such as advertisers and/or advertising networks to deliver the advertising, and to help measure the effectiveness of an advertising campaign, or other business partners for the purpose of providing aggregate Service usage statistics and aggregate Service testing.
How long will cookies stay on my device?
The length of time a cookie will stay on your computer or mobile device depends on whether it is a “persistent” or “session” cookie. Session cookies will only stay on your device until you stop browsing. Persistent cookies stay on your computer or mobile device until they expire or are deleted.
How to control your cookie settings.
If you do not want cookies to be dropped on your device, you can adjust the setting of your Internet browser to reject the setting of all or some cookies and to alert you when a cookie is placed on your device. For further information about how to do so, please refer to your browser ‘help’ / ‘tool’ or ‘edit’ section or see www.allaboutcookies.org. Please note that if you use your browser settings to block all cookies (including strictly necessary Cookies) you may not be able to access or use all or parts or functionalities of our Services.
If you want to remove previously-stored cookies, you can manually delete the cookies at any time. However, this will not prevent the Services from placing further cookies on your device unless and until you adjust your Internet browser setting as described above.
For more information on the use of targeting/advertising cookies, please see www.aboutads.info/choices.
14. Contact Us
You can help by keeping us informed of any changes such as a change of email address or telephone number. If you would like to access your information, if you have any questions, comments or suggestions of if you find any errors in our information about you, please contact us at email@example.com
If you have a complaint concerning our compliance with applicable privacy laws, we will investigate your complaint and if it is justified, we will take appropriate measures..