Client Portal Agreement

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE AUTHORIZING THE AGREEMENT.

Acceptance of Terms of Use
The Peck & Jenkins, C.P.A.’s, P.A. client portal is offered to you conditioned upon your acceptance of the terms, conditions, and notices contained herein. By using the portal you agree to these terms and conditions.

Description of Service
The Peck & Jenkins, C.P.A.’s, P.A. client portal provides authorized clients with access to information displayed on the portal for inquiries and deliveries of documents and communications for their account only. The information, documents, and communications on the portal are provided as a convenient resource to clients and may be used for informational purposes only. The information contained on this site should NOT be used as a substitute for consultation with professional accounting, tax, legal, or other competent advisors.

User Password and Security
Using the portal and its related services requires the use of a password and a user name. The confidentiality of your password and account is your responsibility. Any activities that occur under your account are your responsibility. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. It is prohibited to use another account without the express permission of that account holder.

The Peck & Jenkins, C.P.A.’s, P.A. client portal is hosted by a third party, E. Mochila, Inc. As such, you are additionally bound by terms and limitations imposed by E. Mochila, Inc. You are solely responsible for (a) obtaining sufficient rights to the content of all data and files stored by you on E. Mochila, Inc.'s servers and (b) ensuring that such content does not violate the terms of this agreement. E. Mochila, Inc. normally does not review, inspect, edit or monitor any content, data or files stored by you or any other user of the Service, including, without limitation, for viruses, worms, "Trojan horses" or any other similar contaminating or destructive features. However, if E. Mochila, Inc. has suspicion that an account is being used for storage and distribution of any illegal material such as copyrighted content, E. Mochila, Inc. reserves the right to examine the content of the online storage and backup account. In addition, E. Mochila, Inc. may be asked to provide user data and logs as a part of a legal issue in a third party case by a court order or a subpoena, discovery request or other lawful process that may override privacy rules. E. Mochila, Inc. reserves the right to refuse, remove or disable access to any data or files stored on E. Mochila, Inc.'s servers with immediate effect that E. Mochila, Inc. learns may be illegal, may violate the terms of paragraph 2 above, may violate the rights of any third party or otherwise may be reasonably objectionable. Copyright laws and laws pertaining to patents and inventions protect original works of authorship and inventions. Individuals who reproduce, distribute copies, receive copies, publicly perform or display works or inventions other than their own and without the consent of the owners or holders of rights, or their authorized agents, in original works of authorship or inventions, may be in violation of copyright, patent or other intellectual property infringement. E. Mochila, Inc. and Peck & Jenkins, C.P.A.’s, P.A. do not encourage or condone the illegal copying of copyrighted material. This is not intended to be legal counsel or advice. If you have any questions, consult your attorney.

Use of IP Addresses
An IP address is a number that's automatically assigned to your computer whenever you're surfing the Web. E. Mochila may collect IP addresses for the purposes of system administration, to audit the use of our site. E. Mochila can and will use IP addresses to identify a user when we feel it is necessary to enforce compliance with its rules or terms of service or to protect the service, site, customers, or others. Some services and Emails sent from E. Mochila, such as registration related, may display IP addresses along with the message.

Use of Cookies
Some parts of E. Mochila website will use cookies to collect information about visitors' use of the website. This information collected from cookies is used to improve the functionality of the website while navigating across different sections. The personal user is not identifiable from this information. A cookie is a message that is sent to your browser from a Web server and stored on your computer's hard drive. Most Internet sites use cookies.

Backups of Your Data
E. Mochila maintains regular backups of data to recover from any software/hardware failures. Multiple snapshots of your data at different times are maintained online. E. Mochila may also maintain a copy of data at a geographically distanced data center from the primary location for additional protection. However, the most important step for a reliable backup is at the user end; user is expected to view and verify the logs periodically to insure that the backups do take place successfully, and take necessary corrective action if there are errors. User is also expected to periodically upgrade the backup client to the most recent version for improved reliability of backups.

Accuracy of Content and Liability Disclaimer
PECK & JENKINS, C.P.A.’s, P.A.WILL STRIVE TO USE REASONABLE EFFORTS TO INCLUDE ACCURATE AND UPDATED INFORMATION ON THE PORTAL; HOWEVER, YOU UNDERSTAND AND AGREE THAT PECK & JENKINS, C.P.A.’s, P.A.IS UNDER NO OBLIGATION TO DO SO AND NEITHER PECK & JENKINS, C.P.A.’s, P.A.NOR ITS SUPPLIERS MAKE ANY REPRESENTATION OR WARRANTY ABOUT THE SUSTAINABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION SOFTWARE, DOCUMENTS, AND COMMUNICATIONS CONTAINED ON THE PORTAL FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, DOCUMENTS, AND COMMUNICATIONS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. PECK & JENKINS, C.P.A.’s, P.A. AND ITS SUPPLIERS, HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO SUCH INFORMATION, SOFTWARE, DOCUMENTS, AND COMMUNICATIONS, INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PECK & JENKINS, C.P.A.’s, P.A., OR ITS SUPPLIERS, BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OR THE PERFORMANCE OF THE PORTAL, WITH THE DELAY OR INABILITY TO USE THE PORTAL OR RELATED SERVICES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF PECK & JENKINS, C.P.A.’s, P.A. OR ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. CERTAIN STATES DO NOT PERMIT THESE TYPES OF LIMITATIONS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

GIVEN THE CHANGING NATURE OF FEDERAL AND STATE LAWS AND THE INHERENT HAZARDS OF ELECTRONIC COMMUNICATION, THERE MAY BE DELAYS, OMISSIONS, OR INACCURACIES IN INFORMATION CONTAINED IN THIS SITE. AS SUCH, NO INFORMATION ON THIS OR RELATED SITES SHOULD BE USED AS A SUBSTITUTE FOR CONSULTATION WITH PROFESSIONAL ACCOUNTING, TAX, LEGAL, OR OTHER COMPETENT ADVISORS. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE PORTAL, INFORMATION, DOCUMENTS, OR COMMUNICATIONS ON THE PORTAL, OR WITH ANY OF THESE TERMS AND CONDITIONS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING THE PORTAL AND THE INFORMATION, DOCUMENTS, OR COMMUNICATIONS YOU OBTAINED FROM THE PORTAL.

Icons, Logos, and Other Proprietary Material
The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on the portal are registered and common law trademarks of this firm. Nothing contained on the portal should be construed as granting, by implication, or otherwise, any license or right to use any of the Trademarks displayed on the portal without the written permission of this firm. Your use of any of the Trademarks displayed on the portal or displayed on any content on the portal is strictly prohibited. You should assume that everything you see or read on the portal is copyrighted and is a trade secret and may not be used except as provided in these terms and conditions of use or in the text on the portal without the written permission of this firm or its suppliers.

Changes to Terms and Conditions of Use
Peck & Jenkins, C.P.A.’s, P.A.reserves the right to modify the terms, conditions, and notices under which the portal is offered.

Confidentiality, Information Protection, and Protection of Data
Notwithstanding any existing legal or contractual obligations regarding confidentiality between you and Peck & Jenkins, C.P.A.’s, P.A., you undertake to treat all knowledge relating to business secrets, which come into your possession, as confidential. You shall assure that any protected data, which comes into your possession through the use of the portal, is not transmitted to any unauthorized person. In partial consideration of the opportunity to access the resources of the portal concerning your account, you agree to maintain the strict confidentiality of access of the portal and its data to you and your authorized employees and to indemnify and hold harmless Peck & Jenkins, C.P.A.’s, P.A. and its officers, shareholders, and employees and their heirs, successors, and assigns from and against any and all claims, actions, demands, losses, damages, judgments, costs, and expenses, including without limitation, reasonable attorneys’ fees and liabilities of every kind that may arise from your or your employees’ use of the portal or because of violation of these terms and conditions of use.

No Unlawful or Prohibited Use
You are prohibited from using the portal to damage, disable, or overburden Peck & Jenkins, C.P.A.’s, P.A.’s servers or network or impair the portal or interfere with any other party’s use of the portal. Hacking, password mining, or any other means to gain unauthorized access to the portal, portal accounts, computers, or network is prohibited. Posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law is also prohibited. Peck & Jenkins, C.P.A.’s, P.A. will fully cooperate with any law enforcement authorities or court order requesting or directing this firm to disclose the identity of anyone posting any such information and materials. This firm is an equal opportunity employer and values the diversity of its people.

Severability
This Agreement will be enforced to the fullest extent permitted by applicable law. If for any reason any provision of this Agreement is held to be invalid or unenforceable under applicable law to any extent, then (a) such provision will be interpreted, construed or reformed to the extent reasonably required to render the same valid, enforceable and consistent with the original intent underlying such provision and (b) such invalidity or unenforceability will not affect any other provision of this Agreement.

Acceptance
By accepting this agreement, you hereby acknowledge that you have read the Terms and Conditions portion of this document and that you agree to these terms and conditions.