1. Welcome to Moody’s Web site. Moody Associates, PA (“Moody” or “us”) is a CPA and consulting firm specializing in accounts payable recovery auditing. This User Agreement (the “Agreement”) describes the terms and conditions (“Terms”) under which Moody offers you use of this Internet Web site, www.moodyassociates.net (the “Site”). Your use of this Site is conditioned upon your acceptance of the Terms in this Agreement. If you do not accept the Terms of this Agreement, you must discontinue use of this Site immediately.
2. You are responsible for any use of this Site by anyone using your computer, e-mail address, user name, password or other identifier. Thus, if for any reason you suspect that your identifying information has been compromised, you should contact Moody at once.
B. CHANGES TO TERMS
Moody may revise or update the Terms of this Agreement from time to time. The revised Agreement will be posted on this Site. The changes will be in effect beginning the day they are posted. You should check this Agreement every time you visit the Site. Your continued use of the Site will be deemed your acceptance of the modified Terms of this Agreement.
C. INTELLECTUAL PROPERTY
1. All content on this Site is protected by the intellectual property rights of Moody Associates, PA. “Content” generally refers to the text and images that you see on the Site, but “content” may also include, without limitation: data, code, logos, trademarks, service marks, materials, communications, software, e-mails, sounds, and any other information that is part of this Site (whether visible to you or not). All content on this Site is Copyright © 2003, Moody Associates, PA. All rights reserved. The mark “MOODY” and the logos and stylized methods for printing “Moody” are trademarks and/or service marks of Moody Associates, PA, as is the trade dress on this Site.
2. You are prohibited from using (including, but not limited to, viewing, copying, printing, modifying, publishing, transmitting, transferring, downloading, adapting, linking to, scraping, distributing, selling, displaying, publicly performing, reproducing, editing, exploiting, submitting information to, registering for a product or service through, or purchasing a product or service through) this Site or its “Materials” (including any part or content of the Site, or any product or service available on or through the Site) in any manner without our express permission. Notwithstanding the previous sentence, you may view the pages of the Site and may download and print one copy of each page for your personal, noncommercial use, or for purposes of submitting information to us; provided that you maintain all copyright, trademark and other proprietary notices contained therein. Use of any pages requiring registration is subject to these Terms and the terms of the registration. For inquiries about downloading or printing other content or materials of this Site, or about linking to this Site, please contact Superiorinternet.com at firstname.lastname@example.org.
D. PROHIBITION ON USE / ENFORCEMENT OF TERMS
1. Moody may at any time, for any reason, prohibit your further use of this Site or its Materials. We may also take any action that we deem necessary to enforce this Agreement and to protect against unlawful or improper use of this Site. These actions include, but are not limited to, terminating or suspending your registration for a service or product through this Site, blocking the display of some or all of the content of the Site, contacting and cooperating with the police or other authorities (including, but not limited to, providing information in response to requests and subpoenas), and taking legal action against you.
2. You hereby expressly agree to waive any and all claims you may have (whether currently in existence and/or arising hereafter) against Moody for any failure by us to enforce the Terms. Moody’s failure to act in a particular circumstance does not waive its right to act with respect to that circumstance or other circumstances.
You agree that you have read and agree to be bound by this Site’s Privacy Statement, which is incorporated by reference herein. This Site is for business users. It is not intended to be used by children, including those under the age of 13. You agree not to submit any personal information (such as your name or email address) to this Site if you are under 13 years old.
F. ACCESS LIMITS
1. Without Moody’s express consent, you may not: (a) use any automated means to access the Site or collect any information from the Site (including without limitation robots, spiders or scripts); or (b) frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages.
2. Under no circumstances may you: (a) derive or attempt to derive the source or object code, source files or structure of this Site or its Materials by reverse engineering, disassembly, decompilation or any other means; (b) attempt to access the accounts of others, or attempt to penetrate security measures of the systems of Moody or its affiliates (“hacking”), whether or not the intrusion results in corruption or loss of data; or (c) transmit to Moody or by means of this Site unauthorized or unsolicited advertising, junk or bulk e-mail (“spam”), or any other form of unauthorized or unsolicited transmission.
G. DISCLAIMER WITH RESPECT TO OTHER INTERNET SITES
While it may be possible to link or otherwise connect between this Site and other sites on the Internet, such a connection is done at your own risk. Even by providing a link from this Site to another Internet site or by providing advertising for or with another Internet site, Moody does not endorse or in any way take responsibility for content that may be posted or events that may transpire at those other sites. You should consult the user agreements on those sites to determine your rights while visiting those sites.
H. DISCLAIMER WITH RESPECT TO ADVERTISERS, AFFILIATES, AND OTHER CONTRACTING PEOPLE OR ENTITIES
Moody specifically disclaims all responsibility for the actions or inaction of advertisers, affiliates, Web site developers and hosts, licensors, licensees and other people or entities that may contract with Moody, even if they provide content to this Site. You agree that your sole course of action with respect to such people or entities will be against them directly.
I. DISCLAIMER OF WARRANTIES
1. YOUR USE OF THIS SITE OR ITS MATERIALS IS DONE AT YOUR OWN RISK. (Please be reminded that the Term “use” includes, but is not limited to, viewing, copying, printing, modifying, publishing, transmitting, transferring, downloading, adapting, linking to, scraping, distributing, selling, displaying, publicly performing, reproducing, editing, exploiting, submitting information to, registering for a product or service through, or purchasing a product or service through.) MOODY DOES NOT WARRANT THAT THE SITE OR ITS MATERIALS ARE ACCURATE, RELIABLE OR CORRECT; THAT THE SITE OR ITS MATERIALS WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SITE OR ITS MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITE OR ITS MATERIALS IS SOLELY AT YOUR OWN RISK.
2. THIS SITE AND ITS MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. WITH RESPECT TO THIS SITE AND ITS MATERIALS, TO THE FULLEST EXTENT PERMITTED BY LAW, MOODY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
J. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL MOODY (INCLUDING, BUT NOT LIMITED TO, THE OFFICERS, DIRECTORS, MEMBERS, SHAREHOLDERS, EMPLOYEES, LICENSORS, AGENTS, LICENSEES, CONTRACTORS, ATTORNEYS, SUBSIDIARIES, AFFILIATES AND THIRD-PARTY CONTENT PROVIDERS OF MOODY ASSOCIATES, PA) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE OR ITS MATERIALS. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR ANY OTHER BASIS; EVEN IF MOODY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOUR REMEDY IS LIMITED TO A MAXIMUM OF ANY FEES YOU MAY HAVE PAID MOODY FOR SERVICES PROVIDED THROUGH THIS SITE AND DISCONTINUANCE OF YOUR USE OF THIS SITE. IN THE EVENT THAT MOODY IS NOT LAWFULLY PERMITTED TO LIMIT ITS LIABILITY TO THE EXTENT SET FORTH ABOVE IN THIS PARARGRAPH, MOODY’S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to defend, indemnify, release and hold harmless Moody (including, but not limited to, the officers, directors, members, shareholders, employees, licensors, agents, licensees, contractors, attorneys, subsidiaries, affiliates and third-party content providers of Moody Associates, PA) from all liabilities, claims and expenses, including attorney’s fees and costs, that arise from, concern, or are connected with your use or misuse of this Site or its Materials. Moody reserves the right to assume the defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Moody in asserting any available defenses.
L. SUBMISSION OF CONTENT
1. License: To the extent that portions of this Site permit you to send e-mails, submit estimate requests, or otherwise submit content to this Site, whether or not such content is viewable on this Site, please be advised that by submitting such content you grant Moody a perpetual, non-exclusive, worldwide, royalty-free, irrevocable, fully and freely assignable license to any rights you have in the content submitted – including, but not limited to, the rights to use, display, reproduce, distribute, modify, prepare derivative works based upon, and perform publicly your content (or any part thereof) online and offline.
2. Standards: You agree not to submit any content to Moody that: (a) infringes on any third-party intellectual property, publicity, privacy, moral (droit moral) or other legal rights; (b) violates any applicable law or regulation; (c) is defamatory, threatening, harassing, obscene, harmful to minors, or child pornographic; (d) contains any viruses, Trojan horses, worms, time bombs, cancelbots, or other harmful components (including, but not limited to, computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information); (e) constitutes unsolicited junk or bulk email (“spam”); or (f) is otherwise tortious or criminal.
3. Warranty / Indemnity: You warrant and guarantee that you own all intellectual property, proprietary, privacy, publicity, moral (droit moral) and other rights to any content that you submit to us. You further agree to defend, indemnify, and hold us harmless against: (a) any and all claims to the rights to content that you provide to us, (b) any and all claims that someone’s rights were violated by our display or other use of the content that you provide to us.
4. Monitoring of Content / Removal: You agree that Moody has no responsibility to monitor, review, edit or control any content or other information that you or others submit to the Site. You further agree that Moody may modify, remove or refuse to accept any content on this Site for any reason. At your request, Moody may also modify or remove content that you submitted. Please note that we may also decline to modify or remove content that you submitted, despite your request. In addition, we may not be able to modify or remove certain content, including without limitation content that has been distributed to or relied on by another person or entity.
5. No Endorsement / Recommendation: You agree that by displaying the content that you or others submit to this Site, Moody does not endorse or recommend any of the information submitted by you or others. In fact, Moody does not endorse, recommend, or take any responsibility for any content submitted to this Site by any third-party.
M. GOVERNING LAW AND JURISDICTION
This Agreement is governed by the laws of the State of South Carolina. You agree that the laws of the State of South Carolina will govern any action relating to these Terms and/or your use of this Site. By using the Site, you agree to the jurisdiction of and venue in the state and federal courts of the State of South Carolina, County of Charleston, for any litigation that may arise out of, or be related to, these Terms and/or your use of the Site. You agree to waive any objection based on forum non conveniens or any objection to venue in Charleston County, South Carolina, of any such action.
N. INTERNATIONAL USE
Moody makes no representation that this Site or its Materials are appropriate for or available to locations outside the United States of America; and using this Site from territories where it is illegal to do so is prohibited. Such is done at your own risk and you are responsible for compliance with all local laws.
O. SEVERABILITY AND INTEGRATION
1. Except as otherwise specified herein, these Terms constitute the entire agreement between you and Moody with respect to this Site, and supercede all prior or contemporaneous communications or proposals between you and Moody with respect to this Site.
2. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties; and the remaining portions of the Agreement shall remain in full force and effect.
P. NOTICE / CONTACT
1. To contact Moody, please email our President , Donald Moody, at email@example.com or contact him at Moody’s postal mail address:
Moody Associates, PA
501 Wando Park Blvd, Suite 110
Mt. Pleasant, SC 29464
Phone: (843) 416-1085
Fax: (843) 416-1086
Legal notices must be sent to Moody’s postal mail address, with “Attention: Legal Department” added to the mailing address. Notice will be considered given upon receipt.
2. Moody may contact you and communicate official notices to you at your e-mail address, postal mail address, home or work address, telephone number or fax number. Moody is entitled to assume that any address information that you provide to us is correct. Notice to you will be considered given when sent.