Terms of Use

MARYLAND SOCIETY OF ACCOUNTING AND TAX PROFESSIONALS
TERMS OF USE

Maryland Society of Accounting and Tax Professionals and our affiliates MSATP-PAC, APEC-Plus and the MSA Scholarship Foundation  (“MSATP,” “we” or “our”), own, operate, maintain and/or control one or more websites and web pages including, www.msatp.org and any associated, additional and/or successor websites (collectively the “Site”). We offer our members and visitors (“users,” “you” or “your”) the opportunity to access and view the Site and to contact us in order to order products and services (“Products”) through the Site.  You may access and use the Site only if you agree to these Terms of Use unconditionally and without modification. You will be bound by such additional terms should you access the Site or purchase Products. If any additional terms pertaining to your orders conflict with these Terms of Use, the additional terms shall apply. PLEASE TAKE THE TIME TO READ ALL TERMS AND CONDITIONS CAREFULLY BEFORE YOU ACCESS THE SITE. By accessing or otherwise using the Site, you unconditionally accept and agree to be bound by these Terms of Use whether or not you have read them.

You may browse the Site to learn more about MSATP and the Products that we offer.  The Site, including all material contained therein, as well as any of the foregoing posted anywhere on the Site or otherwise approved by MSATP, whether public or not (collectively “Licensed Content”) may be used for the sole and limited purposes set forth in these and any additional terms and as provided on the Site. You may view and print portions of the Licensed Content for your own internal use but not for resale or commercial exploitation other than as expressly provided herein or in any additional terms. Any other use of Licensed Content without MSATP’s prior written approval is strictly prohibited.

  1. Information Available Through the Site

While MSATP uses commercially reasonable efforts to provide accurate information through the Site, many factors outside MSATP’s control affect these efforts. Moreover the industry of which MSATP is a part and the laws and regulations applicable to that industry periodically change. It is your responsibility to periodically review the Site.  MSATP makes no representation as to the availability of the Site or the truth, thoroughness, or accuracy of any information or advice provided through the Site. Please address all complaints relating to the operation of the Site to: the Maryland Society of Accounting and Tax Professionals, 10630 Little Patuxent Parkway, Suite 146, Columbia, MD 21044, phone number: (410) 876-5998, e-mail address: sandy@msatp.org.   MSATP’s obligations, if any, are governed solely by these Terms of Use and any additional documents entered into in connection with an order for Products.

MSATP cannot ensure or guarantee and does not make any warranties regarding any information or determinations whether provided by MSATP or made by any Third Party in connection with these Terms of Use or any order, even if we have provided recommendations as to specific Third Party providers.  It remains the responsibility of each Member and other user to evaluate its use of any Third Party. As used in these Terms of Use, a Third Party(ies) are persons or business entities, websites and any other business or enterprise that is referred to in the context of these Terms of Use as being other than MSATP or a user.

  1. Product Information

Because many factors go into the decision-making process of purchasing a given product or service and everyone’s particular circumstances and needs may differ, MSATP cannot ensure or guarantee and does not warrant that your Product selection will be accurate, meet your (or, if applicable, your client’s) particular needs or requirements or that the recommendations, regulations or other information provided by MSATP or any Third Party is complete, accurate or current.  Please read and follow all instructions contained in Product documentation supplied with your order.  All Product warranties, if any, are contained in the materials delivered with the Product.  All Product questions or concerns should be addressed to the Maryland Society of Accounting and Tax Professionals at the address, phone number, and e-mail address above.

  1. Payment/Credit

Sales made though the Sites shall be in accordance with MSATP’s standard order and payment terms, the latest version of which may be found here: http://www.authorize.net/company/terms/. Your right to order Products may be subject to any credit limits established by us or your credit card issuer.

  1. Order Processing/Shipping

We will respond to all orders received to confirm whether a requested product is in stock and provide an estimated shipping time.  Orders are generally processed and shipped within 3 business days following our receipt of a completed order request (including confirmation of payment), excluding legal holidays or other factory/warehouse closings.  Street address is necessary, as orders cannot be delivered to PO Boxes.  Each order may have only 1 ship-to address.  If you require multiple ship-to addresses, please order separately for each ship-to address. All shipping costs shall be borne by you.  Please review the payment terms, http://www.authorize.net/company/terms/,  for information on shipping charges.

  1. Returns/Refunds

Products must be returned within 30 days from the day your order was placed in unused, like-new condition.

  • A copy of the customer receipt and original packing slip must accompany all returns
  • A refund will be issued only to the original credit card.

You may return anything ordered from us within 30 days for exchange, credit, or refund EXCEPT any products that have been damaged or altered by the customer.

Damaged, incorrect Items and Shortage Claims

  • Please report damaged or missing items within 3 days of delivery by emailing us at sandy@msatp.org.
  • If you receive incorrect or defective merchandise or shortages, contact within 3 days for adjustment.

Please address all product complaints as provided in the warranty and other materials provided on purchase.  Do not make product complaints through the Sites.

Services may be cancelled within 14 days following your initial order.  All cancellations must be in writing.

Product and service description and pricing is subject to correction and change.  We may refuse or cancel orders placed at an incorrect price, or based upon erroneous promotion terms, whether or not the order has been confirmed.   Our obligations, if any, with respect to Products and services are governed solely by the specific agreement through which they were provided.  Sales made through the Sites, if any, are governed by our standard purchasing terms that are generated through your order.

  1. Security

The order processing and tracking area of the Site currently is handled through PNC Bank (Merchant Services). Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure.  While we strive to protect your personal information, MSATP cannot ensure or warrant the security of any information transmitted to or from the Site and you do so at your own risk.  You are always welcome to fax, call or to mail your order to us at any time, in lieu of on-line ordering.

  1. Restrictions

You agree that:  (a) you will not provide any false personal information; (b) you will not use the Site if you are under the age of 18; (c) you are not a direct competitor of MSATP; (d) you may not copy, transfer or otherwise use any content belonging to MSATP for the purpose of marketing or promoting our Products or any other product or service.  Use of the Site in violation of these Terms of Use, will be investigated and MSATP reserves the right to take appropriate legal action, including without limitation, civil, criminal and injunctive relief.  You may not use the Site and may not accept the Terms of Use if: (a) you are not of legal age to form a binding contract or (b) you are a person barred from engaging in transactions under the laws of the United States or any other country including the country in which you are a resident.   You will not use the Site to do anything unlawful, misleading, malicious or discriminatory.  You will not do anything that could disable, overburden or impair the proper functioning of the Site such as a denial of service attack.  MSATP reserves the right to suspend or ban any user from accessing the Site for any reason.  You understand that any and all information which you may have access to as part of or through your use of the Site is the sole responsibility of the person from whom such content originated.  Content may be protected by intellectual property rights which are owned by the provider thereof.  You may not modify, rent, lease, lend, sell and distribute or create derivative works based on this content, either in whole or in part, unless you have been specifically told that you may do so by MSATP or by the owner of such content in a separate agreement.  MSATP reserves the right (but shall have no obligation) to prescreen or view, flag, filter, modify, refuse or remove any and all content from the Site.    You agree that you are solely responsible for (and MSATP has no responsibility to you or to any Third Party) for any content that you create, transmit or display while using the Site and for the consequences of your actions (including any loss or damage which MSATP may suffer) by doing so.

You may not probe, scan or test the vulnerability of the Site or MSATP Network. You may not use any “deep-link,” “page-scrape,” “robot,” “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process to access, acquire, copy or monitor any portion of the Site or Licensed Content. You may not reproduce or circumvent the navigational structure or presentation of the Site or any Licensed Content, circumvent the security features or attempt to access any materials or information through any means not purposely made available by MSATP through the Site. Any attempt to interfere with or disrupt all or any part of the MSATP Network, whether via malicious code, files or other means, or attempts to disassemble, reverse engineer or decompile any Technical Features, trace the information of any other user or visitor, circumvent security features, or take any action that compromises the privacy or security of the MSATP Network, users or other visitors is strictly prohibited. As applicable, you are responsible for ensuring that your employees and non-employee personnel adhere to these Terms of Use. 

  1. Termination of Participation in the Site

You may terminate your its relationship with MSATP at any time by notifying MSATP at the address, phone number and e-mail address listed above.  MSATP may at any time suspend or terminate your use of the Site if (a) the user has breached any provision of these Terms of Use (or has acted in a manner which clearly shows that the user does not intend to or is unable to comply with the provisions of the Terms of Use); (b) we are required to do so by law (for example, where a provision of particular services is or becomes unlawful); (c) MSATP is transitioning operation of the Site to a Third Party; (d) MSATP elects to cease operating the Site; or (e) for any reason whatsoever which, in MSATP’s opinion, is detrimental to the Site.

  1. Privacy and Data Security

Please see our Privacy Policy for our privacy terms applicable to the Site.

  1. Links/Third Party Service Providers

The Site contains links to other internet websites.  We may in the future provide links to additional websites or resources. When you link to those sites, you leave the Site. MSATP has no control over such sites, their content and resources or the business practices or policies of operators of such sites. The privacy terms set forth in our Privacy Policy do not apply to the practices of any companies or individuals operating the linked sites. Please use caution and review the privacy policies of any sites that you visit to learn more about their information-gathering practices. MSATP expressly disclaims all responsibility or liability for the availability or accuracy of such external sites or resources or the content thereon, does not endorse and is not responsible or liable for any advertising, Products, materials or services available from such sites or resources and/or any claims, representations or warranties made by third parties with respect to their goods or services. The inclusion of any link on the Site does not imply that MSATP endorses the linked site. Your use of any links is at your own risk. You further acknowledge and agree that MSATP shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any goods, services or materials available on or through any such link, site or resource.

  1. Third Party Relationships

MSATP has negotiated arrangements with third party providers (“Providers”) pursuant to which MSATP members may receive special contract pricing and/or other promotional benefits when purchasing Provider products or services via the MSATP website. Providers and their offerings are subject to change from time to time, without notice.  MSATP receives royalties and/or commissions in connection with member purchases of Provider products and services initiated via this website (as determined between MSATP and each Provider). All funds received by MSATP are used by MSATP solely in connection with cost reduction of seminars and other member programs, in order to reduce the fees charged to members for these programs and events.
MSATP offers these Provider arrangements to members solely as a member benefit. We do not recommend or endorse any particular Provider, nor do we represent or warrant that any Provider products or services will meet your specific needs or are offered to you on the most favorable contract terms. Your interactions with Providers, including the purchase of products or services from Providers (whether or not made through this website) are solely between you and the Providers, and MSATP is not responsible or liable in any manner for such interactions or purchases.
All information on this website regarding a Provider and its products and service offerings are written by the Provider and has not been verified by MSATP.

MSATP may also provide recommendations for your consideration of Third Party providers for provision of specific services (such as continuing education providers).  We represent or warrant that any such provider’s products or services will meet your specific needs or are offered to you on the most favorable contract terms.  Your interactions with any such provider, including the purchase of products or services (whether or not made through this website) are solely between you and the providers, and MSATP is not responsible or liable in any manner for such interactions or purchases.  It is your responsibility to investigate and evaluate whether use of such Third Parties will meet your specific needs and requirements.

  1. Proprietary Rights/Licenses

MSATP’s Proprietary Rights: The “MSATP Network” is comprised of the Technology Features and Site through which the Technology Features and the Site are accessed as well as its Marks. The “Technology Features” means all functions, features and capabilities of the MSATP Network (including the Site), including without limitation all software, hardware, remote-access electronic functionality and all upgrades, updates, revisions, versions, releases, modifications and derivatives thereof and thereto. The Marks include all Third Party or MSATP trademarks, logos, trade names, trade dress, product and service marks, individually or combined with one another and whether or not registered to MSATP. The Marks, MSATP Network (including the Site), and Technology Features, the Site and the collection, compilation, assembly and arrangement of Licensed Content are owned by or under license to MSATP and contain proprietary and confidential information all of which is protected by all applicable intellectual property and other laws. All copyrights, patent rights, trade secret rights, trademarks and other intellectual property rights in and to the MSATP Network (including the Site), Technology Features, Site, Marks, and Confidential Information are owned solely and exclusively by MSATP. Everything you see or read and that which is provided to you through the Site, including the templates, expression, coordination, selection, arrangement, collection, compilation, assembly and arrangement of the Site, and Licensed Content, is protected by all United States and international copyright and trademark laws, and may not be used except as provided in these Terms of Use and any additional terms without MSATP’s express written permission. You may not use or display the Marks in any manner without the prior written consent of the applicable owner. This includes use of the Site addresses or Marks in page text, as key words, meta tags or any other “hidden text.”

  1. Notices and Procedures for Making Claims of Copyright Infringement

MSATP respects the intellectual property of others, and asks its users and visitors to do the same. MSATP will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to MSATP. Upon receipt of notices complying with the DMCA, MSATP will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing. If you believe that your work has been copied in any way that constitutes copyright infringement, please provide all of the following information:

  1. a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. a description of the copyrighted work that you claim has been infringed;
  3. a description of the material that you claim is infringing or is the subject of infringing activity, that it is to be removed or access to it disabled and information reasonably sufficient to enable MSATP to locate the material;
  4. your name, address, telephone number, email address and all other information reasonably sufficient to enable MSATP to contact you;
  5. a statement by you that you have a good faith belief that use of the material as described by you is not authorized by the copyright owner, its agent, or the law;
  6. a statement by you, made under penalty of perjury, that the information in your notification is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notices of copyright infringement should be directed to: 

By mail:         Maryland Society of Accounting and Tax Professionals

10630 Little Patuxent Parkway, Suite 146

Columbia, Maryland 21044

By email:     sandy@msatp.org (Please include “Notice of Infringement” in the subject line.)

IMPORTANT NOTE: THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING MSATP THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS PRODUCT-RELATED QUESTIONS AND REQUESTS, OR QUESTIONS ON PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.

  1. DISCLAIMERS AND LIMITATIONS OF LIABILITY

MSATP DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE, LICENSED CONTENT OR INFORMATION REGARDING PRODUCTS.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT:

YOU ARE SOLELY RESPONSIBLE FOR THE ACCURACY, TRANSMISSION AND MAINTENANCE OF YOUR DATA, YOUR USE OF THE SITE AND YOUR ACTIVITIES IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING PRODUCT ORDERS. ALTHOUGH MSATP HAS NO OBLIGATION TO MONITOR ANY OF THE FOREGOING, IT HAS THE RIGHT TO DELETE, REMOVE OR EDIT ANYTHING IT BELIEVES MAY CONSTITUTE A BREACH OF THIS AGREEMENT AND TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SITE AT ANY TIME IN ITS SOLE DISCRETION WITHOUT NOTICE OR LIABILITY OF ANY SORT. UNDER NO CIRCUMSTANCES IS OR WILL MSATP OR ITS AFFILIATES BE LIABLE IN ANY WAY FOR YOUR USE OF THE SITE, ANY OF YOUR DATA OR OTHER CONTENT OR MATERIAL PROVIDED BY YOU, INCLUDING WITHOUT LIMITATION ANY ERRORS OR OMISSIONS IN ANY OF THE FOREGOING, OR FOR LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY OF THE FOREGOING. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MSATP EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE, FREEDOM FROM MALICIOUS CODE, NON-INFRINGEMENT AND NONINTERFERENCE. MSATP MAKES NO WARRANTY (I) THAT THE SITE WILL MEET YOUR REQUIREMENTS, (II) THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR TIMELY, THAT THEY ARE SECURE, OR THAT LICENSED CONTENT IS ACCURATE OR ERROR-FREE. ANY MATERIAL UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THE SITE AND ANY INFORMATION YOU SHARE WITH THIRD PARTIES, IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING DAMAGE.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MSATP OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT MSATP SHALL NOT, IN ANY EVENT OR UNDER ANY CIRCUMSTANCES, BE LIABLE FOR ANY DAMAGES WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MSATP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER ARISING OUT OF OR IN CONNECTION WITH THE USE OR THE INABILITY TO USE THE SITE, ACCURACY OF THE INFORMATION, SHOWN OR AVAILABLE FROM THE SITE, AND/OR ANY TRANSACTION OR ANY OTHER MATTER RELATING TO YOUR ACCESS TO OR USE OF THE SITE. IN ANY CASE, MSATP’S SOLE LIABILITY, AND THAT OF ITS LICENSORS, SUPPLIERS AND THIRD PARTY BUSINESS PARTNERS, IS LIMITED TO $100.00. THE PROVISIONS OF THIS AGREEMENT ALLOCATE THE RISKS BETWEEN MSATP AND YOU AND THE LIMITATION OF LIABILITY SPECIFIED HEREIN. YOUR LEGAL RIGHTS WITH RESPECT TO THESE DISCLAIMERS AND WAIVERS MAY VARY FROM JURISDICTION TO JURISDICTION. WITHOUT INTENDING TO LIMIT THE FOREGOING, YOU MUST BRING ANY CLAIMS YOU MAY HAVE AGAINST MSATP WITHIN SIX (6) MONTHS OF THE DATE THE CLAIM AROSE OR BE FOREVER BARRED. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

  1. Indemnity

You agree to indemnify, defend, release and hold Maryland Society of Accounting and Tax Professionals, Inc. and its officers, directors, affiliates, suppliers, users and its and their respective, agents and employees harmless from all damages, liabilities, fees, costs, loss of business profits, taxes, penalties or sanctions, and interest of any nature, including reasonable fees of attorneys and other professionals that MSATP may incur due to, arising out of or relating to any claims, demands, actions or proceedings, whether or not brought to suit, alleged or initiated against MSATP by any Third Party in any way arising out of or related to anything you submit, transmit through or upload to the Site, your use of the Site, your provision of registration or other information that is untrue, inaccurate, fraudulent, or out of date, your communications, your violation of anyone’s proprietary or confidential information, patent, trademark, trade secret or other proprietary rights, an allegation that you are in violation of any right, license, law, statute, regulation, rule, order or ordinance and/or any act or omission resulting in harm to MSATP.

  1. Notice

Notices to you may be made via email, United States Postal Service or commercial courier service to the contact information you provide. MSATP may also provide notices of changes to these Terms of Use or other matters by displaying notices or links to notices to you generally on the Site. Notice or other correspondence to MSATP should be sent prepaid, by certified mail, return receipt requested or overnight commercial courier to:

Maryland Society of Accounting and Tax Professionals

Attention: Terms of Use Notice

10630 Little Patuxent Parkway, Suite 146

Columbia, Maryland 21044

  1. Specific Trademark Information

The words “Maryland Society of Accounting and Tax Professionals” and all logos and slogans, individually and/or as may be combined with one another, are proprietary trademarks and service marks of MSATP and are included within the definition of “Marks.”

  1. General Information

The parties have agreed that these Terms of Use be provided in English. Not all features or Products discussed, referenced, provided or offered through or on the Site may available to all persons or in all geographic locations and may be limited by MSATP in its sole discretion. Unless and until you enter into a definitive order for Products, these Terms of Use constitute the entire agreement between you and MSATP with regard to the relationship between you and MSATP and shall govern all use of the Site. Your activities and use of the Site supersede any prior agreements between you and MSATP. You also may be subject to additional terms and conditions contained in MSATP orders or invoices in connection with a purchase of Products and/or which may apply when you use Third Party services, content or software. These Terms of Use, your use of the Site and any other agreement with and the relationship between you and MSATP shall be governed by the laws of the State of Maryland without regard to choice of law provisions. You and MSATP agree to submit to the personal and exclusive jurisdiction of the pertinent state or federal courts located within or with jurisdiction over Howard County, State of Maryland, regardless of the fact that the Site are accessible outside the United States. Notwithstanding the foregoing, MSATP may seek equitable relief, including preliminary and permanent injunction, in any court of competent jurisdiction to prevent or enjoin misappropriation, misuse, unauthorized disclosure or infringement of any intellectual property rights. The failure of MSATP to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, you must file any claim or cause of action arising out of or related to your use of the Site or the Terms of Use within six (6) months after such claim or cause of action arose or be forever barred. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.

  1. Modifications to the Site and these Terms of Use

From time to time MSATP may modify the MSATP Network and Technology Features, change the Licensed Content, disable certain features of the Site and/or Site or expand the Site’ capability and/or reduce or expand the Site. MSATP also reserves the right at any time and from time to time to modify these Terms of Use, the Site, their functionality and capabilities and/or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. We will post a notice to the Site if we change these Terms of Use.  You will be bound by the modifications if you use the Site after being given notice. You should also regularly review these Terms of Use. You agree that MSATP shall not be liable to you or to any Third Party in any way.

  1. Violations

Please report any violations of the Terms of Use to the Maryland Society of Accounting and Tax Professionals, 10630 Little Patuxent Parkway, Suite 146, Columbia, Maryland 21044, phone number: (410) 876-5998, e-mail address: info@msatp.org.

Marketplace Terms of Service

MARYLAND SOCIETY OF ACCOUNTING AND TAX PROFESSIONALS

MARKETPLACE TERMS OF SERVICE 

PLEASE TAKE THE TIME TO READ ALL TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SITE. You must agree to abide by these Marketplace Terms of Service in order to access the Site and utilize the Marketplace.

Maryland Society of Accounting and Tax Professionals operates the Marketplace in connection with the Members-only portion of our website at www.msatp.org  (the “Site”).  The Site and access to the Marketplace are provided to Members of the Site (collectively, “you” or “your”) only if you agree to these Marketplace Terms of Service unconditionally and without modification. Additional terms and conditions may apply to Transactions through the Marketplace. You will be bound by such additional terms should you visit the Marketplace or enter into Transactions. If additional terms conflict with these Marketplace Terms of Service, the additional terms shall apply. By accessing, registering on or otherwise using the Marketplace, you unconditionally accept and agree to be bound by these Marketplace Terms of Service whether or not you have read them.

By posting, accepting, or otherwise entering into a Transaction, you represent and warrant that your activities comply with all applicable laws, regulations, and do not violate any third party rights. You acknowledge and agree that you have the requisite authority and are authorized to (1) accept these Marketplace Terms of Service; (2) post information relating to Transactions and (3) enter into Transactions and Contracts.  References to “you” or “your” herein shall apply to both you and any entity that you purport to represent.

  1. Definitions

Buyer:  a Member who is the acquiring party in connection with a Transaction.

Contract: A contract between a Buyer and a Seller memorializing the terms of a Transaction. Each Contract shall incorporate the provisions of these Marketplace Terms of Service.

Marketplace:  a real-time search engine and communications platform enabling Members to engage in Transactions.

Member:  a person or entity having an account through the Site.  Members must establish a user name/log in and password to create an account.

Seller:  a Member who is the disposing party in connection with a Transaction.

Services:  the services and procedures provided and/or used by MSATP in connection with the operation of the Marketplace. Services include but are not limited to providing Members with the ability to search for Transaction availability through the Marketplace, and administrative services in connection with the Marketplace.

Suspend or Suspended:  the suspension of a Member’s MSATP account following which a Member will be unable to engage in further use of the Marketplace or Transactions.

Third Party(ies):  persons or business entities, websites and any other business or enterprise that is referred to in the context of these Marketplace Terms of Service as being other than MSATP or a Member.

Transaction:  an agreement between a Buyer and a Seller whereby the Seller agrees to sell its business and the Buyer agrees to acquire such business.

  1. Marketplace Transactions

Through the Marketplace, Buyers and Sellers may do, among other things, the following:

  • Buyers may create profiles, post requests for Transactions, and identify and communicate with Sellers.
  • Sellers may create profiles, advertise Transactions and communicate with Buyers.

All requests for Transactions must be in the format approved by MSATP. 

MSATP is not a party to Transactions or any Contract between the Buyer and Seller and has no responsibility for ensuring compliance with the Contract terms or fulfillment of a Transaction, MSATP has no control over and does not warranty or guarantee the availability of the Marketplace, or the quality, truth, accuracy, or legality of information posted or provided in connection with a Transaction; the qualifications, background, or abilities of Members; the ability of a Seller or Buyer to perform under a Contract; the terms contained in a Contract and/or the fulfillment thereof.  MSATP’s obligations, if any, are governed solely by these Marketplace Terms of Service.  Members agree to release MSATP from any damages or claims (including punitive, consequential and special damages of any kind or nature suspected and unsuspected, known and unknown, and disclosed or undisclosed, arising out of or in any way) connected with Transactions, contracts and any disputes arising in connection with a Transaction or Contract.

  1. Registration

As a Member, you agree that:  (a) you will not provide any false personal information or create an account for anyone other than yourself without permission; (b) you will not use the Marketplace if you are under the age of 13; (c) you will not use the Marketplace if you are a convicted sex offender; (d) you will keep your user profile details accurate and up to date; (e) you will not share your password, let anyone else access your account or do anything else that might jeopardize the security of your account; (f) you will not transfer your account to anyone without first getting our written permission; (g) if you select a user name for your account, we reserve the right to remove or reclaim it if we desire to Use the user name for another purpose on the Site(s) or if we believe it appropriate (for example, if a trademark owner complains about a user name that does not closely relate to a Member’s actual name).  Illegal and/or unauthorized uses of the Marketplace, including collecting user names, e-mail addresses or other personally identifiable information of Members by electronic or other means for the purpose of sending unsolicited e-mail, or any other use not expressly permitted in these Marketplace Terms of Service will be investigated and MSATP reserves the right to take appropriate legal action, including without limitation, civil, criminal and injunctive relief.  In addition to the above restrictions, you may not authorize, enable or otherwise grant to any to any other person, organization, company or business, access to your user profile or other content uploaded through the Marketplace for the purpose of extracting such information or other content.  You will not use the Marketplace to do anything unlawful, misleading, malicious or discriminatory.  You will not do anything that could disable, overburden or impair the proper functioning of the Marketplace such as a denial of service attack.  MSATP reserves the right to remove, edit, move or close any account for any reason and to Suspend or ban any Member account for any reason.  You understand that any and all information (including data files, written text, computer software, sounds, photographs, videos or other images) which you may have access to as part of or through your use of the Marketplace are the sole responsibility of the person from whom such content originated.  Content may be protected by intellectual property rights which are owned by the provider thereof.  You may not modify, rent, lease, lend, sell and distribute or create derivative works based on this content, either in whole or in part, unless you have been specifically told that you may do so by MSATP or by the owner of such content in a separate agreement.  MSATP reserves the right (but shall have no obligation) to prescreen or view, flag, filter, modify, refuse or remove any and all content from the Marketplace.  You will not post any person’s personal identification, identifying documentation or sensitive financial information within the Marketplace.  If you collect information from Members, you will obtain their consent, make it clear that you (and not MSATP) are the ones collecting such information and post a privacy policy explaining what information you collect and how you will use it. 

  1. Termination of Participation in the Marketplace

A Member may terminate its relationship with MSATP and the Marketplace at any time by (a) notifying MSATP at 10630 Little Patuxent Parkway, Suite 146, Columbia, Maryland 21044, phone number: (410) 876-5998, e-mail address: sandy@msatp.org or (b) deleting the Member’s user profile from the Marketplace.  MSATP may at any time Suspend or terminate a Member if (a) the Member has breached any provision of these Marketplace Terms of Service or the Site Terms of Service (or has acted in a manner which clearly shows that the Member does not intend to or is unable to comply with the provisions of the Marketplace Terms of Service or Site Terms of Service); (b) we are required to do so by law (for example, where a provision of particular services is or becomes unlawful); (c) MSATP is transitioning operation of the Marketplace to a Third Party; (d) MSATP elects to cease providing Marketplace; or (e) for any reason whatsoever which, in MSATP’s opinion, is detrimental to the Marketplace.  Please see our [Privacy Policy] for information of retention and storage of user information. 

  1. Privacy

Please see our [Privacy Policy] for details regarding the handling of personal information through the Marketplace. You acknowledge that the internet is an open medium and no data transmission through the internet is completely secure. You post and engage in Transactions at your own risk.

Authorized Users/Passwords/User IDs: You are responsible for the safety and security of all user IDs, logins, passwords or other security features through which you access the secure portions of the Marketplace.

  1. Indemnity

You agree to indemnify, defend, release and hold MSATP, its officers, directors, investors, suppliers, service providers, co-branders or other partners, agents and employees, and those of its affiliates, harmless from all damages, liabilities, fees, costs, loss of business profits, taxes, penalties or sanctions, and interest of any nature, including reasonable fees of attorneys and other professionals that MSATP may incur due to, arising out of or relating to any claims, demands, actions or proceedings, whether or not brought to suit, alleged or initiated against MSATP by any Third Party in any way arising out of or related to anything you submit, transmit through or upload to the Marketplace, your use of the Marketplace, your provision of information that is untrue, inaccurate, fraudulent, or out of date, your engagement in a Transaction and/or Contract, your violation of anyone’s proprietary or confidential information, patent, trademark, trade secret or other proprietary rights, an allegation that you are in violation of any right, license, law, statute, regulation, rule, order or ordinance and/or any act or omission resulting in harm to MSATP.

  1. Modifications to the Site and these Marketplace Terms of Service

From time to time MSATP may modify or disable certain features of the Marketplace and/or reduce or expand the Marketplace. MSATP also reserves the right at any time and from time to time to modify these Marketplace Terms of Service or the Marketplace, its functionality and capabilities and/or discontinue, temporarily or permanently, the Marketplace (or any part thereof) with or without notice. We will send an e-mail notice to all current Member accounts if we change these Marketplace Terms of Service.  You will be bound by the modifications if you use the Marketplace after being given notice. You should also regularly review these Marketplace Terms of Service. You agree that MSATP shall not be liable to you or to any Third Party in any way.

  1. DISCLAIMERS AND LIMITATIONS OF LIABILITY

MSATP DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF THE MARKETPLACE.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT:

  • YOU ARE SOLELY RESPONSIBLE FOR YOUR TRANSACTIONS AND YOUR ACTIVITIES IN CONNECTION WITH THE MSATP NETWORK AND THE MARKETPLACE AND TRANSACTIONS.
  • ALTHOUGH MSATP HAS NO OBLIGATION TO, MONITOR ANY OF THE FOREGOING, IT HAS THE RIGHT NOT TO POST, PUBLISH, TRANSMIT, AND FURTHER TO DELETE, REMOVE OR EDIT ANYTHING IT BELIEVES MAY CONSTITUTE A BREACH OF THIS MARKETPLACE TERMS OF SERVICE AND TO SUSPEND OR TERMINATE YOUR ACCOUNT AT ANY TIME IN ITS SOLE DISCRETION WITHOUT NOTICE OR LIABILITY OF ANY SORT.
  • UNDER NO CIRCUMSTANCES IS OR WILL MSATP OR ITS AFFILIATES BE LIABLE IN ANY WAY FOR ANY TRANSACTIONS, COMMUNICATIONS, MESSAGE CONTENT, RECIPIENT LISTS, YOUR OR ANOTHER’S USE OF THE MARKETPLACE, ANY OF YOUR DATA OR OTHER CONTENT OR MATERIAL PROVIDED BY YOU, INCLUDING WITHOUT LIMITATION ANY ERRORS OR OMISSIONS IN ANY OF THE FOREGOING, OR FOR LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY OF THE FOREGOING.
  • YOUR USE OF THE MARKETPLACE SITE AND ANY PARTICULAR FEATURE IS AT YOUR SOLE RISK. THE MARKETPLACE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MSATP EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE, FREEDOM FROM MALICIOUS CODE, NON-INFRINGEMENT AND NONINTERFERENCE WITH YOUR USE OF ALL OR ANY PART OF THE SITE.
  • MSATP MAKES NO WARRANTY (I) THAT THE MARKETPLACE OR TRANSACTIONS WILL MEET YOUR REQUIREMENTS, (II) THAT ACCESS TO THE MARKETPLACE WILL BE UNINTERRUPTED OR TIMELY, THAT IT IS SECURE, OR ACCURATE OR ERROR-FREE, (III) THAT TRANSACTIONS WILL BE AVAILABLE, ACCURATELY OR PRICED, (IV) THAT THE RESULTS OBTAINED FROM USE OF THE MARKETPLACE SITE WILL BE ACCURATE OR RELIABLE, OR (V) THAT THE QUALITY OF TRANSACTIONS ENTERED INTO BY YOU THROUGH THE MARKETPLACE WILL MEET YOUR EXPECTATIONS.
  • ANY MATERIAL UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THE MARKETPLACE AND ANY INFORMATION YOU SHARE WITH OTHER USERS OR OTHER THIRD PARTIES, IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING DAMAGE. SELLERS ARE PROHIBITED FROM ASKING PROSPECTIVE BUYERS QUESTIONS THAT ARE PROHIBITED BY LAW. MSATP IS NOT PROVIDING ANY LEGAL OR OTHER ADVICE TO ANY MEMBERS OR OTHER USERS OF THE MARKETPLACE IN CONNECTION WITH TRANSACTIONS AND DISCLAIMS ANY LIABILITY FOR ANY REQUESTED DISCLOSURES REGARDLESS OF WHETHER SUCH REQUESTS ARE PROHIBITED IN CONNECTION WITH A TRANSACTION OR COMPLY WITH APPLICABLE LAW.
  • NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MSATP OR THROUGH OR FROM THE MARKETPLACE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.
  • MSATP IS NOT LIABLE FOR ANY WARRANTIES ISSUED IN CONNECTION WITH A TRANSACTION.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT MSATP SHALL NOT, IN ANY EVENT OR UNDER ANY CIRCUMSTANCES, BE LIABLE FOR ANY DAMAGES WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MSATP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER ARISING OUT OF OR IN CONNECTION WITH THE USE OR THE INABILITY TO USE THE MARKETPLACE, MARKETPLACE, ACCURACY OF THE INFORMATION, SHOWN OR AVAILABLE FROM THE SITE, ANY TRANSACTION CONTRACT OR ANY OTHER MATTER RELATING TO YOUR ACCESS TO OR USE OF THE MARKETPLACE. IN ANY CASE, MSATP’S SOLE LIABILITY, AND THAT OF ITS LICENSORS, SUPPLIERS AND THIRD PARTY BUSINESS PARTNERS, IS LIMITED TO $100.00. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS BETWEEN MSATP AND YOU AND THE LIMITATION OF LIABILITY SPECIFIED HEREIN. YOUR LEGAL RIGHTS WITH RESPECT TO THESE DISCLAIMERS AND WAIVERS MAY VARY FROM JURISDICTION TO JURISDICTION. WITHOUT INTENDING TO LIMIT THE FOREGOING, YOU MUST BRING ANY CLAIMS YOU MAY HAVE AGAINST MSATP WITHIN SIX (6) MONTHS OF THE DATE THE CLAIM AROSE OR BE FOREVER BARRED. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

  1. General Information

MSATP administers and operates the Marketplace through the Site from its location in Columbia, Maryland USA. Although Site may be accessible worldwide, the Marketplace may not be available to all persons or in all geographic locations, or are appropriate or available for use in your jurisdiction. The Agreement together with the remaining terms and policies with the State constitute the entire agreement between you and MSATP with regard to the relationship between you and MSATP with respect to the Marketplace and Transactions You also may be subject to additional terms and conditions contained in a Contract. These Marketplace Terms of Service, your use of the Site and Marketplace and any other agreement with and the relationship between you and MSATP shall be governed by the laws of the State of Maryland without regard to choice of law provisions. You and MSATP agree to submit to the personal and exclusive jurisdiction of the pertinent state or federal courts located within or with jurisdiction over Carroll County, State of Maryland, regardless of the fact that the Site are accessible outside the United States. Notwithstanding the foregoing, MSATP may seek equitable relief, including preliminary and permanent injunction, in any court of competent jurisdiction to prevent or enjoin misappropriation, misuse, unauthorized disclosure or infringement of any intellectual property rights. The failure of MSATP to exercise or enforce any right or provision of the Marketplace Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Marketplace Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Marketplace Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, you must file any claim or cause of action arising out of or related to your use of the Marketplace or the Marketplace Terms of Service within six (6) months after such claim or cause of action arose or be forever barred. The section titles in the Marketplace Terms of Service are for convenience only and have no legal or contractual effect.

  1. Violations

Please report any violations of the Marketplace Terms of Service to the Maryland Society of Accounting and Tax Professionals, 10630 Little Patuxent Parkway, Suite 146, Columbia, Maryland 21044, phone number: (410) 876-5998, e-mail address: sandy@msatp.org.

top
© Maryland Society of Accounting & Tax Professionals