Legal
Terms & Conditions
The following terms and conditions (referred to hereinafter as "Terms and Conditions")
govern your use of this website (the "Site"). By accessing,
viewing, or using the material on the Site, you indicate that you understand,
acknowledge and intend these Terms and Conditions to be the legal equivalent
of a signed, written contract, and equally binding; and that you accept
such Terms and Conditions and agree to be legally bound by them. Brown,
Smith Wallace, LLC. ("the Company")
may revise these Terms and Conditions at any time by updating this posting.
You are bound by any such revisions and should therefore periodically
visit this page to review the then current Terms and Conditions. If you
do not agree to these Terms and Conditions, then please do not use the
Site.
- You should assume that all materials, designs, text
and images (collectively, the "Materials")
contained in the Site are either the copyrighted property
of the Company or are the copyrighted property of third
parties and licensed to the Company.
- The Materials contained in this website may not be
copied, reproduced, transmitted, displayed, performed,
distributed, rented, sublicensed, altered, stored by
subsequent use or otherwise used in whole or in part
in any manner without the Company’s prior written
consent, except that the user may make such temporary
copies in a single computer’s RAM and hard drive
as is necessary to browse the Website (unmodified in
form, with a copy of this Terms of Use Agreement attached)
to be used by the user for personal and non-commercial
uses which do not harm the reputation of the Company.
You may not use the site or any of its contents to
collect information through data mining, robots or similar
data gathering or extraction tools. You may not frame
or utilize framing techniques to enclose any trademark,
copyright, logo or other proprietary information (including images,
text, page layout or form) of the Company and our affiliates.
Any attempt to infringe upon or to circumvent these copyrights
or trademarks will subject the infringing individual
or organization to criminal and civil penalties
as prescribed by law.
- Not all services mentioned on this Site are available
to all visitors. Your eligibility for particular products
or services is subject to the prior approval of Brown, Smith, Wallace or the
applicable content provider.
- The Company welcomes your feedback and may
ask that you transmit your comments to the Site by e-Mail.
Other than information which is addressed under our
Privacy Policy, any and all comments, suggestions, ideas,
graphics, or other information that you transmit or post
to the Site becomes and may:
(a) be treated as non-confidential and non-proprietary by the Company,
(b) become the property of the Company, giving it all rights,
title and interest therein, and
(c) be used without restriction by the Company or its affiliates.
- In making the Site available, no client, advisory,
fiduciary or professional relationship between the user and the company is implied
or established. Neither the Company nor any other person
is, in connection with the Site, engaged in rendering
auditing, accounting, tax, legal, advisory, consulting
or other professional services or advice. Neither the
Site nor any content on or accessed through the Site
shall be considered a substitute for the independent
investigation and sound technical and business judgments
of the user of this Site. The user should consult with
a professional advisor familiar with his or her particular
factual situation for advice or service concerning specific
matters.
- You agree to provide true, accurate, current and complete
information about yourself when you elect to provide
personal information to us. You also agree to maintain
and promptly update any such information to keep it accurate.
- Although the Company uses reasonable efforts to provide
accurate and current information through this Site, neither the
Company nor any content providers make any warranties or representations
as to the accuracy, reliability, or comprehensiveness
of the content on this Site or any service. The information
provided on this Site and any service is provided on
an “AS IS” “AS AVAILABLE” basis.
To the fullest extent permitted by law, the Company disclaims
all warranties of any kind, whether express or implied,
with regard to information contained on this Site and
any service, including all implied warranties of merchantability,
fitness for a particular purpose and non-infringement.
The Company and the content providers cannot and do not
guarantee or warrant that the files available for downloading
from this Site and any service will be free from infections
or viruses, worms, Trojan horses, or other code with
contaminating or destructive properties. You agree to
release and hold the Company harmless from any and all
claims, losses, expenses or damages relating to any disclaimed
warranty described in this paragraph.
- You also agree that you will indemnify and hold harmless
the Company and its members, shareholders, directors, officers,
and employees from all claims arising out of or related
to your access or use of, or your inability to access
or use, this Site, or the information contained in this
Site or other websites to which it is linked; including,
but not limited to, claims that something
you have found, heard, viewed or downloaded from this Site or
any other website to which it is linked is found to be obscene,
offensive, defamatory, or infringing upon your intellectual
property rights or those of any third party. In no event
will the Company or any of the information contributors
to the Site be liable to you or anyone else for any decision
made or action taken by you in reliance on such information
or for any consequential, special or similar damages,
even if the Company has been advised of the possibility
of such damages. The Company cannot and will not assume
any liability for unauthorized or fraudulent use of this
Site and/or any services.
- These Terms of Use constitute your entire agreement
with the Company regarding this Site and supersede all
prior or contemporaneous communications and proposals,
whether electronic, oral or written between the user
and the Company with respect to the Site. This Site or
the service offered herein may not comply with legal
requirements of foreign countries, therefore the Site,
its contents, and the services are intended only for
access and use by United States residents and are presented
solely as a service to visitors and/or subscribers located
in the United States of America and its territories.
- These Terms of Use are governed by and construed in accordance
with the laws of the State of Missouri, without giving
effect to any principles of conflicts of law. You expressly
and irrevocably agree that exclusive jurisdiction and
venue for any claim or dispute with the Company, its
employees, contractors, officers, directors, and content
providers; or relating in any way to your use of this
Site or the services resides and shall be in the U.S. District Court
for the Eastern District of Missouri (should federal jurisdiction
exists) or the courts of the State of Missouri; and you
further irrevocably agree and expressly and irrevocably
consent to the exercise of personal jurisdiction in those
courts over any action brought under the Terms of Use.
Circular 230 Disclosure
This is to advise you that this communication or any information that
appears on this website (a) is not intended or written to be used, and
it cannot be used, by you or any other taxpayer, for the purpose of avoiding
penalties that may be imposed under the internal revenue code of 1986,
as amended, (b) is not to be treated as a reliance opinion or a covered
opinion as defined in section 10.35(b)(4) of 31 CFR part 10, and (c) cannot
be used or referred to by you, or any other person, in promoting, marketing,
or recommending a partnership or any other entity, investment plan or
arrangement, to one or more taxpayers. Under current regulations of the
U.S. Treasury department, we are permitted to provide written tax advice
for one of these purposes only if certain stringent requirements are complied
with. If you would like us to provide written tax advice for any or all
of these purposes, please contact us and we will be pleased to discuss
this with you.
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