SAM | PREP

for the cpa

SAM | PRO

for the professional

Technology Advisory

SAM Logo

Technology Advisory

Start Your File

 

  1. Acceptance and Amendments of Terms and Conditions. This technology advice of business intelligence tools and services and this website (together, the “Program”) is owned by SAM Technology, LLC (the “Company”). You may only use the service if you accept these Terms and Conditions (the “Terms and Conditions”) and the accompanying Privacy Policy located at www.mysamfile.com/pages/engagement-letter. (the “Privacy Policy”). We reserve the right to amend the Terms and Conditions and Privacy Policy at any time in our sole discretion. It is your responsibility to review the current Terms and Conditions and Privacy Policy in force when using our services. Amendments to the Terms and Conditions and Privacy Policy become effective upon initial commencement of our services. You automatically agree to these Terms and Conditions by logging onto the Blackline system or using our services in any way.
  2. Use of the Service. The service involves an assessment of companies’ IT environments through the use of hundreds of assessment metrics. This assessment gives companies an objective, systematic tool for scoring technology operations, analyzing risk, establishing benchmarks, and measuring the potential value of what an enterprise can gain. You agree that the scoring and information provided by Blackline Partners is subjective and unbiased. Blackline Partners has no obligation to provide you or any third party with a score, advice, or analysis of your choosing or liking. Nor will Blackline Partners adjust its score, advice, or analysis upon request. As part of the technology service, you are permitted to temporarily download one copy of all analysis and result materials (the “Materials”) per assessed company for personal, non-commercial transitory viewing only. You may not sell, transfer, or otherwise distribute the Materials. Except where otherwise agreed by Blackline Partners in writing: you may not “mirror” the Materials on any server; you may not modify or copy the Materials. In some circumstances, the analysis of a company may be requested and paid for by a third party. In those situations, the third party is entitled to view the Materials as set out above, and the assessed company must make any request for the Materials through that third party. You agree not to decompile or reverse engineer any software contained on the Blackline Partners website.
  3. Copyright. Material within this service is protected by copyright and other law and may not be copied, reproduced, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of Blackline Partners.
  4. Trademarks. All trademarks on this site are property of the Blackline Partners. No license is granted with respect to these intellectual property rights, except where expressly set out herein, and no trademarks on this site may be used without prior permission from Blackline Partners.
  5. No Unlawful Purpose. This service is provided for lawful purposes only, and may not be used for any unlawful purposes. You agree that under some circumstances Blackline Partners may be legally obligated to disclose information obtained or collected from you to the appropriate authorities. You agree to release Blackline Partners, LLC and its employees from any and all claims, demands, or actions arising out of such disclosure by Blackline Partners.
  6. No Liability; Program Provided “As Is”. Blackline Partners is not liable for any damages, harm, or injury that relate to, arise out of, or result from the use of, or access to, or the inability to use, any aspect of this service. This service is provided “as is,” and without warranties of any kind, express or implied.
  7. Restrictions on Access to service. We may restrict, suspend or terminate your access to this service at any time if we believe that you have breached these Terms and Conditions. Any such restriction, suspension or termination will be without prejudice to any rights which we may have against you in respect of your breach of these Terms and Conditions.
  8. Links to Other Website and Services. Blackline websites may contain links to web sites other than our own. Blackline Partners does not assume any responsibility for those sites and provides those links solely for the convenience of our visitors. Blackline Partners does not control the content of these sites and takes no responsibility for their content, nor should it be implied that Blackline Partners endorses or otherwise recommends such sites or the products or services offered. Any concerns regarding any such sites or the products or services offered should be directed to the particular outside service of resource.
  9. Responsibility and Age. If you subscribe to or otherwise request this service, you are responsible for maintaining the confidentiality of your account information and your password. You agree to accept responsibility for all activities that occur under your account or password. You represent that you are of sufficient legal age to use the service and to create binding legal obligations for any liability you may incur as a result of the use of the service. Users under 18 years of age are prohibited from registering with Blackline and using this service.
  10. Accuracy of Information. The information presented in this service has been compiled by the Blackline Partners from internal and external sources, or provided by users. No representation is made or warranty given as to the completeness or accuracy of such information. Blackline Partners reserves the right to make changes to the information within this service, or to the services described therein, or update such information at any time without notice, but Blackline Partners makes no commitment to correct or update this information.
  11. Indemnification. You hereby agree to indemnify, defend, and hold harmless Blackline Partners, LLC, its directors, officers, employees, agents, licensors, attorneys, independent contractors, providers, subsidiaries, and affiliates from and against any and all claim, loss, expense or demand of liability, including attorneys’ fees and costs incurred, in connection with (i) your use or inability to use this service; or (ii) any information submitted by you or collected about you for this service. Blackline Partners, LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the written consent of Blackline Partners, LLC.
  12. Disclaimer of Warranties. THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS CONTAINED IN THIS SERVICE, INCLUDING WITHOUT LIMITATION, INFORMATION, RATINGS, SCORING, ANALYSIS, TEXT, GRAPHICS, VIDEO, AUDIO, AND HYPERLINKS, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF SATISFACTORY QUALITY, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. YOU ACKNOWLEDGE, BY YOUR USE OF THIS SERVICE, THAT YOUR USE OF THIS SERVICE IS AT YOUR SOLE RISK, AND THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ANY USE OF THIS SERVICE.
  13. Release and Limitation of Liability. This service is a system to assist subscribers and users in assessing the proficiency of the technologies and processes involved in their business. The quality of the analysis and reports provided in this service are dependent on the information provided to Blackline Partners. You therefore agree to release Blackline Partners, LLC and its employees from any and all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, related to the analysis and reports within the service. You further agree to release the Blackline Partners and its affiliated parties from any claims, demands, damages, liability, costs or expenses, of every kind and nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with (i) your use of the service, (ii) reliance by any party on the analysis provided by Blackline Partners. You agree that neither Blackline Partners nor its affiliated parties has any liability for any (i) indirect, special, incidental, or consequential damages, (ii) loss of profits, (iii) business interruption, (iv) loss of or damage to reputation, or (iv) loss of information or data. Without limiting any other provision in these Terms and Conditions, Blackline Partners maximum aggregate liability to you for losses or damages you suffer in connection with the service is limited to the greater of (i) the amount paid, if any, by you to Blackline Partners in connection with the services in the twelve (12) months prior to the action giving rise to the liability; and (ii) $100. Your only right and remedy in case of dissatisfaction with the service or any other grievance shall be your termination of your account and discontinuation of access to, or use of the service.
  14. Waiver of Class Action Rights. By using the service and agreeing to the Terms and Conditions, you hereby irrevocably waive any right you may have to join claims with those of others in the form of a class action or similar procedural device. Any claims arising out of, relating to, or connected with the Site or these Terms and Conditions must be asserted individually.
  15. Arbitration. All disputes arising out of or relating to these Terms and Conditions or this Privacy Policy (including their formation, performance, or alleged breach), or your use of the service, will be exclusively resolved under confidential binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its applicable commercial rules, provided, further, that any arbitrator shall be either an attorney or retired judge having significant and recognized experience with and knowledge of privacy issues and information technology. The arbitration panel shall apply California law, without regard to its conflict of laws principles. In addition, the exclusive location for such arbitration shall be held within the California Court system. All decisions of the arbitration panel shall be final and binding on the parties, which waive any right to further appeal the arbitration award, to the extent an appeal may be lawfully waived. To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions will be joined to an arbitration involving any other party subject to these Terms and Conditions whether through class arbitration proceedings or otherwise. Notwithstanding the above, Blackline Partners will have the right to seek injunctive or other equitable relief in state or federal court located in California to enforce these terms or prevent an infringement of a third party’s rights. In the event equitable relief is sought, each party hereby irrevocably submits to the personal jurisdiction of such court.
  16. Governing Law. These Terms and Conditions shall be governed by the laws of the State of California, without regard to its conflict of laws provisions. You consent and submit to the exclusive jurisdiction of the state and federal courts located in the State of California, in all questions and controversies arising out of your use of the service and these Terms and Conditions. To the extent allowed by applicable law, any claim or cause of action arising from or relating to your access or use of the service must be brought within one (1) years from the date on which such claim or action arose or accrued. Blackline Partners controls and operates the service from its headquarters in the United States of America and the service may not be appropriate or available for use in other locations. If you use this service outside the United States of America, you are responsible for following applicable local laws.