The following Terms and Conditions apply to the use of this Web site and to the
use of all information, software, function, graphics, artwork, and any other material
contained on this Web site (referred to separately and collectively as the “Contents”).
By using this Web site and the Contents, you agree to abide by these Terms and Conditions
which shall be binding on you, your successors and assigns.
Use of Web Site
This Web site and the Contents are provided by Wolters Kluwer Financial Services,
6815 Saukview Drive, St. Cloud, Minnesota 56302 U.S.A. and are intended for the
use and benefit of regulatory compliance professionals in the financial services
industry. This Web site is intended for use regarding selected laws and regulations
of the United States of America and the states therein. Given the broad scope of
laws and regulations that affect the financial services industry, it is impossible
to track, monitor or address all issues that may be relevant to any given user.
Wolters Kluwer Financial Services has attempted to identify the main areas that
affect the compliance needs of the industry and continues to expand the scope of
this Web site. However, Wolters Kluwer Financial Services encourages all users of
this Web site to review the Contents with its legal counsel to confirm the status
of the Contents before relying on it.
You agree to use this Web site and the Contents only for your internal or informational
purposes or as specifically authorized in these Terms and Conditions and elsewhere
on this Web site. Use for any other purpose is prohibited. Wolters Kluwer Financial
Services may seek any available legal remedy or take any reasonable business steps
to prevent the unauthorized use of, or access to, this Web site, and to prevent
access to users who violate these Terms and Conditions. Wolters Kluwer Financial
Services’ remedies include the right to seek equitable relief.
Registration and Passwords
Sections of this Web site are only available to you if you register as required
in this Web site. You agree to provide true, accurate, complete and current information
about yourself when registering and to update the information as needed to keep
it true, accurate, complete and current. By registering, you agree to these Terms
and Conditions and agree to allow Wolters Kluwer Financial Services to collect your
registration information and allow Wolters Kluwer Financial Services to track your
usage of this Web site to help Wolters Kluwer Financial Services improve the products
and services Wolters Kluwer Financial Services provides. You further agree to allow
Wolters Kluwer Financial Services to periodically send promotional email to you
about this Web site, about Wolters Kluwer Financial Services’ products and services
and the products and services of its affiliated companies and business partners.
Upon your request, Wolters Kluwer Financial Services will cancel your registration,
thereby removing you and your registration information from Wolters Kluwer Financial
Services’ database and terminating your access to selected sections of this Web
site. Upon cancellation of your registration, you will no longer receive email contact
from Wolters Kluwer Financial Services as provided through this Web site. To request
a cancellation of your registration or to update your registration information,
contact
Wolters Kluwer Financial Services. If Wolters Kluwer Financial
Services has reason to believe your registration information is not true, accurate,
complete or current, Wolters Kluwer Financial Services reserves the right to terminate
your registration and refuse any and all future use of this Web site or the Contents.
Wolters Kluwer Financial Services’ use of any personal information you provide as
part of the registration process is governed by the terms of Wolters Kluwer Financial
Services’ Privacy Policy.
To use certain sections of this Web site, you will need a user name and password,
which you will select as part of the registration process. You acknowledge that
Wolters Kluwer Financial Services reserves the right to refuse to grant you a user
name that is already in use, may be illegal, may be protected by trademark or other
proprietary interest, is obscene or profane or otherwise determined by Wolters Kluwer
Financial Services, in its sole discretion, to be inappropriate. You agree to be
responsible for all acts and omissions that occur in connection with your password.
It is your responsibility to maintain the confidentiality of the password and you
are responsible for all activities that occur under your user name and password.
You agree to immediately notify Wolters Kluwer Financial Services of any unauthorized
use of your password or any other breach of security. Wolters Kluwer Financial Services
is not and will not be responsible for any loss or damage resulting from your failure
to protect your user name and password.
Interactive Sections of Web Site
Certain sections of this Web site allow you to ask questions, post information or
to participate in online discussions. Wolters Kluwer Financial Services does not
control the communications or information provided by users of these features.
As a condition of your use of these interactive features, you agree not to:
- Upload, post, email, transmit or otherwise make available any unlawful, threatening,
abusive, harassing, tortuous, defamatory, vulgar, libelous, obscene, profane, pornographic
or other inappropriate information of any kind, or any material that may constitute
or encourage any illegal or improper act which might give rise to any civil liability
or criminal offense, or otherwise violate any state, federal, local or international
law.
- Upload, post, email, transmit, or otherwise make available any material which infringes
the copyright, intellectual property rights or privacy rights of any other party
without first obtaining permission from the owner of those rights.
- Share any confidential information which you do not have the right to share under
any law or under any contractual or fiduciary relationships.
- Upload, post, email, transmit, or otherwise make available any material which contains
a virus, code, file, program or other components designed to limit, interrupt, destroy
or interfere with the functionality of any computer or telecommunications equipment
or software.
- Upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized
advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid
schemes,” or any other form of solicitation, whether commercial or otherwise.
All Contents furnished by you or other users of this Web site are the sole responsibility
of the person furnishing the information. You understand that Wolters Kluwer Financial
Services is not obligated to monitor any interactive sections of this Web site where
users may post messages or supply information. However, Wolters Kluwer Financial
Services reserves the right to modify, edit or remove any posting or other information,
in whole or in part, at any time for any reason. Wolters Kluwer Financial Services
further reserves the right to disclose any posting or other information provided
by users if Wolters Kluwer Financial Services, in its sole discretion, believes
such disclosure is reasonably necessary to comply with any law, regulation or court
order or if the disclosure is necessary to protect the rights, property or safety
of Wolters Kluwer Financial Services, its employees, its users or the public. Wolters
Kluwer Financial Services assumes no responsibility for the accuracy, completeness,
applicability, analysis, or timeliness of the information or for any loss or damage
that may occur as a result of relying on information on this Web site.
Updates and Changes to Web Site
Wolters Kluwer Financial Services monitors the Contents, use, and user comments
regarding this Web site. Wolters Kluwer Financial Services may make improvements,
updates or changes to this Web site and the Contents at any time without notice
to you. Wolters Kluwer Financial Services may also modify these Terms and Conditions
without notice to you. By continuing to use this Web site after modifications have
been made to these Terms and Conditions, you accept the modifications made to these
Terms and Conditions. You are responsible for regularly reviewing these Terms and
Conditions.
No Legal, Accounting or other Professional Advice
The Contents of this Web site are not intended to provide legal, accounting or other
professional advice and should not be relied upon as such. Before using or acting
upon any Contents on this Web site, you are advised to seek the advice of your attorney,
accountant or other appropriate professional to determine: (1) if the Contents apply
to your particular circumstances, and (2) the sufficiency of the Contents for your
unique legal, accounting or other needs. Wolters Kluwer Financial Services, its
officers, employees and agents are not authorized to practice law on your behalf
or to provide you with accounting advice. The following notice is required by law:
The Contents of
this Web site are NOT a Substitute for the Advice of an Attorney.
Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT THIS WEB SITE AND THE CONTENTS ARE PROVIDED “AS IS,” AND
THAT YOUR USE OF THE WEB SITE AND THE CONTENTS ARE AT YOUR OWN RISK.
WOLTERS KLUWER FINANCIAL SERVICES AND ITS THIRD PARTY LICENSORS MAKE NO WARRANTY,
EXPRESS OR IMPLIED, WITH REGARD TO THIS WEB SITE OR THE CONTENTS, INCLUDING, WITHOUT
LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE
OR NON-INFRINGEMENT. WOLTERS KLUWER FINANCIAL SERVICES ARE NOT RESPONSIBLE FOR ANY
ERRORS, OMISSIONS, RESULTS, OR DAMAGES THAT MAY OCCUR FROM THE USE OF THIS WEB SITE
OR THE CONTENTS.
ADDITIONALLY, WOLTERS KLUWER FINANCIAL SERVICES MAKES NO WARRANTY THAT: (I) THIS
WEB SITE OR THE CONTENTS WILL BE ACCURATE, COMPLETE, UNINTERRUPTED, TIMELY, SECURE,
OR ERROR-FREE; (II) DEFECTS WILL BE CORRECTED; (III) THIS WEB SITE AND THE CONTENTS
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THIS WEB SITE OR THE INFORMATION
AVAILABLE ON THIS WEB SITE WILL MEET YOUR REQUIREMENTS. WOLTERS KLUWER FINANCIAL
SERVICES MAKES NO REPRESENTATION OR WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED
FROM THE USE OF THIS WEB SITE, THAT THE RESULTS THAT MAY BE OBTAINED FROM SUCH USE
WILL BE RELIABLE, OR THAT THE QUALITY OF ANY PRODUCT, SERVICES, INFORMATION OR OTHER
MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THIS WEB SITE WILL MEET YOUR EXPECTATIONS.
ANY MATERIALS AND/OR OTHER DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE
OF THIS WEB SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS
FROM THE DOWNLOADING OF SUCH MATERIAL OR DATA.
This Disclaimer of Warranties applies to the fullest extent permitted by law. Applicable
law may not allow the exclusion of implied or other warranties, so the above Disclaimer
of Warranties, or parts of it, will not apply to you to the extent that they are
prohibited by law.
No modifications of this Disclaimer of Warranties are authorized unless they are
in writing and signed by you and Wolters Kluwer Financial Services. Any such written
modifications must be signed by a President or Vice President of Wolters Kluwer
Financial Services.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL WOLTERS KLUWER FINANCIAL
SERVICES OR ANY WOLTERS KLUWER FINANCIAL SERVICES’ CONTENT PROVIDER OR LICENSOR
BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE,
DATA, CONTENT OR OTHER INTANGIBLE LOSSES (EVEN IF WOLTERS KLUWER FINANCIAL SERVICES
OR ITS CONTENT PROVIDERS OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), RESULTING FROM (I) THE USE OR INABILITY TO USE THIS WEB SITE OR THE CONTENTS
(INCLUDING, BUT NOT LIMITED TO DELETION OR LOSS OF CONTENT, DEFECTS OR DELAYS IN
TRANSMISSION, OR ANY FAILURE OF A SERVER, OR THE INTERNET), (II) THE COST OF PROCUREMENT
OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM THE COST OF ANY GOODS, DATA, INFORMATION
OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED, (III) UNAUTHORIZED ACCESS
TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (IV) STATEMENTS OR CONDUCT OF ANY
THIRD PARTY ON THE WEB SITE OR, (V) ANY OTHER MATTER RELATING TO THE WEB SITE OR
ITS CONTENT. YOU AGREE THAT WOLTERS KLUWER FINANCIAL SERVICES’ TOTAL LIABILITY FROM
OR RELATED TO YOUR USE OF AND ACCESS TO THIS WEB SITE AND THE CONTENTS, WHETHER
THE FORM OF ACTION OR CLAIM IS IN CONTRACT, TORT, WARRANTY, NEGLIGENCE, STRICT LIABILITY
OR OTHERWISE, SHALL NOT EXCEED THREE HUNDRED DOLLARS ($300).
IF YOU ARE DISSATISFIED WITH THE INFORMATION AVAILABLE TO YOU THROUGH THIS WEB SITE,
OR WITH ANY OF THE TERMS OF USE OF THIS WEB SITE AND THE CONTENTS, YOUR SOLE AND
EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THIS WEB SITE AND THE INFORMATION AVAILABLE
THROUGH THIS WEB SITE.
Proprietary Interests, Copyrights and Trade Names
Wolters Kluwer Financial Services and its licensors reserve all rights in and to
this Web site and the Contents unless otherwise expressly provided. Wolters Kluwer
Financial Services and its licensors vigorously protect all their respective intellectual
property rights.
Unless otherwise noted, Wolters Kluwer Financial Services claims a proprietary interest
and copyright in this Web site and all of the Contents. Wolters Kluwer Financial
Services’ claim includes Wolters Kluwer Financial Services’ intellectual property
interests in the questions, sequence of questions, analysis and logic used in this
Web site, and in the documents referenced in this Web site. This Web site may include
information, software and other tools which are the proprietary property of others
or which are public or works of the government. Wolters Kluwer Financial Services
is using such information, software and other tools with permission and authority
from the owners of such proprietary rights (when required).
You may print or copy the Contents of this Web site for your information and education
only. Any re-use or distribution of the Contents for commercial use is prohibited.
You may not use any of the Contents of this Web site for any illegal or unauthorized
purposes. Wolters Kluwer Financial Services grants limited permission to financial
institutions to reproduce the copyrighted material of this Web site for internal,
non-commercial use as a training tool provided the Contents include “Copyright ©
Wolters Kluwer Financial Services. All rights reserved.”
Except as specifically authorized above, you may not modify, print, copy, distribute,
transmit, display, store, reproduce, publish, license, sell, create derivative works
from, transfer, broadcast in any media, post or frame, or redistribute in any way
this Web site or the Contents unless expressly authorized by these Terms and Conditions,
the express provisions on this Web site, a separate written agreement signed by
you and Wolters Kluwer Financial Services, or applicable law.
This Web site may also include various product names, business names, logos, slogans,
and other marks in which Wolters Kluwer Financial Services has a registered trademark
interest or other protectable interest (collectively “Wolters Kluwer Financial Services
Marks”). It may also includes product names, business names, logos, slogans, and
other marks in which others have a protectable interest (collectively “Other Marks”).
You may not in any way use any Wolters Kluwer Financial Services Marks or Other
Marks on this Web site without the prior express written permission of the owners.
Submitting Your Comments and Ideas
Wolters Kluwer Financial Services welcomes your comments and ideas, including ideas
for new Wolters Kluwer Financial Services products, improvements to existing Wolters
Kluwer Financial Services products, and improvements to this Web site and the Contents.
Wolters Kluwer Financial Services carefully reviews and considers your comments
and ideas, but is unable to implement all of them. In order for Wolters Kluwer Financial
Services to freely respond to your comments and ideas and to implement Wolters Kluwer
Financial Services’ own ideas (which may be similar or identical to yours), all
comments and ideas submitted to Wolters Kluwer Financial Services will become Wolters
Kluwer Financial Services property. By submitting comments or ideas to Wolters Kluwer
Financial Services, you waive all rights you may have in them. Your comments and
ideas will not be treated as confidential.
Links to Third Party Sites
This Web site may include links to other sites which are not owned, operated, or
controlled by Wolters Kluwer Financial Services. Wolters Kluwer Financial Services
provides you with such links solely for your convenience. The inclusion of such
links does not mean or imply that Wolters Kluwer Financial Services endorses the
linked sites, their Contents, or any products or services described or sold on them.
Wolters Kluwer Financial Services is not responsible for the Contents or use of
any linked site or any link contained in a linked site. Wolters Kluwer Financial
Services is not responsible for making changes or updates to any such sites.
Privacy Policy Statement
Registration data and certain other information about you is subject to Wolters
Kluwer Financial Services
Privacy
Policy.
General
These Terms and Conditions will be governed and construed under the laws of the
State of Minnesota, U.S.A., without regard to its choice of law provisions. You
agree that any action at law or in equity arising out of or relating to this Web
site or the Contents, including these Terms and Conditions, will be filed only in
the state or federal courts located in Minnesota. You consent and submit to the
personal jurisdiction of such courts for the purpose of litigating any such action.
If any term or provision of these Terms and Conditions is held to be invalid, void
or unenforceable by a court or arbitrator of competent jurisdiction, the remainder
of these Terms and Conditions will not be affected, impaired or invalidated and
each remaining term or provision will be valid and enforceable to the fullest extent
permitted by law.