Introduction
Welcome to checkmarkcfo.com. This Site is owned and operated by Checkmark CFO (“Checkmark CFO,” “we,” “our,” or “us”). This Terms of Use agreement describes the terms and conditions that apply to your access and use of Checkmark CFO’s websites, products, and services (the “Service” or “Services”) and that of any subsidiary, affiliate, or related company of Checkmark CFO (collectively referred to as “Checkmark CFO”). These Terms of Use (“Terms″) govern your use of our Site, hereafter referred to as “the Site”. These Terms include information about usage, purchases, licensing, and intellectual property. Please read these Terms carefully. By using the Site, you consent to these legally binding Terms as well as our Privacy Policy, which is hereby incorporated.
Consent and Capacity
In order to use our Services, you must be at least eighteen years old. Your use of our Services is conditioned on your acceptance of these Terms, as they are presently constituted and as they may be amended from time to time, without notice. If you do not agree with these Terms, you may not use the Site. By using our Services, you warrant that you are entering into a binding contract with Checkmark CFO. Areas of the Site may also be subject to additional terms. Any additional terms are not intended to replace or supersede these Terms, but rather supplement these Terms in those specific areas. Please take the time to familiarize yourself with the additional conditions of those areas before accessing them.
Intellectual Property Rights
Checkmark CFO’s trademarks, trade names, logos, and other intellectual property incorporated into the Site are the sole property of Checkmark CFO or its licensors and are protected under copyright, trademark, trade secret, and other intellectual property laws. Copying or distributing any material, illustrations, photographs, video, or content from the Site without consent is strictly prohibited. Additionally, any use that constitutes an infringement of any of the above-stated intellectual property rights is prohibited. We, in our sole discretion, reserve the right to remove any content or take any steps deemed appropriate to protect such rights.
User Responsibilities
Users of the Site agree to the following guidelines: You will keep your username and password confidential. You will not share this information with any other person. You will not use another user’s login and registration information. You will not create fake accounts for the purpose of spamming users or visitors, collecting personal information with or without consent, or any other deceptive practices. You will not circumvent, evade, disable, or otherwise interfere with the security of the Site. You will not infringe the intellectual property rights of others.
Additionally, to access certain portions of the Site, you may be required to provide information. The information you provide must be truthful, accurate, and complete. The information you provide is subject to our Privacy Policy, which is hereby incorporated into these Terms. Your right to access and use the Site and the Services is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use the Site and Services for lawful purposes.
By providing your email address, you consent to receive all required notices and information electronically. We may send electronic communications through the Services website or to your email address on file. You are responsible for keeping your contact information current. Your consent to receive electronic communications remains valid until you end your relationship with Checkmark CFO. You can print and retain any electronic communications for your records. We reserve the right to change how we provide electronic communications and will provide you with appropriate notice.
Checkmark CFO and the California Consumer Privacy Act (CCPA)
For purposes of the CCPA, Checkmark CFO will be considered a Business and/or Third Party, as applicable. When Checkmark CFO acts as a Third Party: You guarantee that any personal information provided to Checkmark CFO complies with all applicable laws. You confirm you have provided all necessary notices and opt-outs for sharing personal information. You confirm you have the necessary rights to allow Checkmark CFO to: share your personal information with any Checkmark CFO company, including subsidiaries, affiliates, and related and its service providers; use your personal information as described in Checkmark CFO’s Privacy Statement.
You acknowledge that sharing information between Checkmark CFO and its affiliated companies is not considered a “sale” of personal information under the CCPA.
Description of Services
Checkmark CFO offers various services, including: Business tax planning, consulting, preparation, filing, and audit response; Bookkeeping; Business entity formation and structuring; Legal services including estate planning, trust creation, and asset protection; and general education and support. You understand that Checkmark CFO is not a law firm and cannot substitute for an attorney. Professional services are provided by licensed professionals who are not necessarily Checkmark CFO employees or agents. Some features and services may require a fee.
The Services may also include using your information to: Collect, store, and track your personal information; offer products and services from Checkmark CFO and third parties; and provide general information, tips, and recommendations. We offer general business information as part of the Services provided. You may contact us if you have any questions.
Your Mobile Device
Services may be available through a compatible mobile device, Internet, and/or network access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates, and fees, as well as the terms of your agreement with your mobile device and telecommunications provider. CHECKMARK CFO MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION; (ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.
Third-Party Partner Offers and Links
Some parts of the Services are supported by sponsored advertisements from third-party partners (“Partner Offers”). These offers may be customized based on your information and interests. We may disclose when a Partner Offer is sponsored by a third party. We may add or remove third-party partners, and your information may be shared with current and future partners. Links to third-party websites may be displayed in the Services. We do not endorse, guarantee, or take responsibility for third-party products or services, even if advertised on our website. We are not involved in the activities or policies of third-party websites. Checkmark CFO may receive compensation from third parties, which may impact the placement and availability of Partner Offers. If you choose to use or purchase services from third parties, their terms and conditions and privacy policy apply.
Disclaimer
THE SITE, ITS CONTENT, AND ALL THE MATERIALS ARE “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OR GUARANTEE. YOU ACCESS THE SITE AT YOUR OWN RISK UNDERSTANDING THAT CHECKMARK CFO DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. CHECKMARK CFO WILL NOT BE RESPONSIBLE FOR OR LIABLE FOR ANY DAMAGE THAT MAY ARISE FROM YOUR USE OF THIS SITE. CHECKMARK CFO DISCLAIMS ANY AND ALL WARRANTIES PERTAINING TO THE ACCURACY AND USEFULNESS OF THE MATERIALS, CONTENT, SOFTWARE, OR SERVICES PROVIDED VIA THE SITE. CHECKMARK CFO MAKES NO PROMISES OR REPRESENTATIONS THAT OUR SOFTWARE IS FREE FROM VIRUSES, MALWARE, OR ANY OTHER HARMFUL COMPONENTS, OR THAT THE SITE WILL BE AVAILABLE WITHOUT INTERRUPTION.
THIS SECTION APPLIES TO YOU TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW.
Limitation of Liability
TO THE MAXIMUM EXTENT PROVIDED BY APPLICABLE LAW, CHECKMARK CFO DOES NOT ACCEPT LIABILITY FOR LOSS OR DAMAGE OF ANY KIND, BE IT DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, INCIDENTAL, ACTUAL, PUNITIVE, OR OTHERWISE, WHETHER IT ARISES FROM PERSONAL INJURY, FINANCIAL LOSS, DATA LOSS, OPPORTUNITY LOSS, THIRD-PARTY USE OR MISUSE, AGGREGATE SERVICE, PERSONAL DISSATISFACTION, OR ANY OTHER DAMAGE RESULTING FROM YOUR USE OF THE SITE. THE FULL ASSUMPTION OF RISK AND THEREFORE RESPONSIBILITY LIES WITH YOU, THE USER AND VISITOR. CHECKMARK CFO, ITS DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, AGENTS, SUBSIDIARIES, ASSIGNORS, AND LICENSORS WILL NOT BE HELD LIABLE IN ANY EVENT. FOR JURISDICTIONS IN WHICH STATUTORY LAW PROHIBITS THE LIMITATION OF CERTAIN TYPES OF LIABILITY RELATED TO THE GROSS NEGLIGENCE OF A PARTY, CHECKMARK CFO’S LIABILITY IS LIMITED TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW.
Indemnification
You agree to indemnify and hold harmless Checkmark CFO, its directors, shareholders, employees, representatives, agents, subsidiaries, assignors, and licensors from and against any lawsuits, disputes, claims, proceedings, demands, costs, or expenses related to or stemming from any use of the Site or your breach of these Terms and any other policies incorporated into this agreement.
Choice of Law
These Terms and any disputes arising from the use of the Site are governed by and construed according to the law of the state of Utah. Each party agrees to submit to the courts of the state of Utah and that the state of Utah has personal jurisdiction over the matter.
Dispute Resolution
We believe that it is beneficial to all parties to quickly resolve any potential disputes as efficiently and cost-effectively as possible. In line with this belief, you agree that any disputes arising from your use of the Site will be handled and resolved according to the provisions of these Terms, unless otherwise explicitly stated. If a dispute arises, you agree to first contact us and attempt to resolve any such issues informally. If informal attempts fail, you agree to submit any claim, dispute, or controversy to binding arbitration. If arbitration or litigation is commenced, the prevailing party shall be entitled to recover its costs, including attorney’s fees.
YOU AGREE TO WAIVE ANY AND ALL RIGHTS TO A JURY TRIAL YOU MAY HAVE IN ANY AND ALL JUDICIAL PROCEDURES AND PROCEEDINGS RELATED TO ANY DISPUTE ARISING FROM YOUR USE OF THE SITE UNDER THESE TERMS.
ALL PARTIES WAIVE THEIR RIGHTS TO PRESENT CLAIMS IN A CLASS ACTION SUIT.
Severability
If any portion of these Terms is deemed unenforceable, void, or invalid for any reason, the remaining provisions of these Terms will remain unaffected and will not be considered unenforceable, void, or invalid. They will maintain the full force of law to the extent possible.
Changes to These Terms
We reserve the right, at any time, to modify or discontinue, temporarily or permanently, the Site or Services with or without notice. We may update these Terms from time to time, without notice. If any updates are made to these Terms, they will be posted here, and we will make reasonable attempts to notify you via electronic communication, such as email or posting on the Site. Please check the Site and the Terms of Use frequently for updates. If you do not agree to the changes after receiving a notice of the change to the Services, you may stop using the Services. Your use of the Site or Service after you are notified of any change will constitute your agreement to such change.
Contact Us
If you have any questions, comments, or concerns about these Terms or our services, please contact us via email at support@checkmarkcfo.com, or by mail at 10 W Broadway 7th Floor, Salt Lake City, Utah 84101.
Effective Date: February 1, 2024
