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Terms of Use

General

This website (the “Site”) is owned by and operated by Bredeweg & Zylstra, PLC (“we” or “us”). By using the Site, you agree to be bound by these Terms of Use and to use the Site in accordance with these Terms of Use, our Privacy Statement, and any additional terms and conditions that may apply to specific sections of the Site or to products and services available through the Site or from us. Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms of Use.

We reserve the right to change these Terms of Use or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms of Use on the Site. If the alterations constitute a material change to the Terms of Use, we will notify you by posting an announcement on the Site. What constitutes a “material change” will be determined at our sole discretion, in good faith, and using common sense and reasonable judgment. The effective date of these Terms of Use shall be indicated above, so please ensure you check the Terms of Use from time to time. By continuing to use the Site after we post any such changes, you accept the Terms of Use, as modified.

Intellectual Property Rights

This Site and all the materials available on the Site are the property of us or licensors, and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal noncommercial use. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Use or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.

Third-Party Links

To access certain services provided by us, you may be directed to a link to a third-party site such as PayPal or other vendors that may ask you to provide certain personal information, including your name, email address, telephone number, and employment information. You agree to provide true, accurate, current, and complete information about yourself. To access such third-party sites, you will need a username and password. You are responsible for maintaining the confidentiality of the password and account, and to ensure that you exit from your account at the end of each session.   You are responsible for all activities (whether by you or by others) that occur under your password or account. We are not responsible and will not be liable for your use of any third-party site or a third-party’s use of your information or any claims or damages resulting therefrom. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information, and you may be held liable for any damage or prejudice that might affect us or third-parties as a result of the incorrect use, loss, or theft of your password or account.

Disclaimer of Warranties

The information, products and services offered on or through the Site and by us and any third-party sites are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the Site or any of its functions will be uninterrupted or error-free, that defects will be corrected, or that any part of this Site, or the servers that make it available, are free of viruses or other harmful components.

Feedback

This Site may include features that allow you to provide feedback to us.  It is a condition of your use of the Site that you do not:

  • Use the Site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
  • Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site.
  • Use the Site to transmit any information, software, or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark, or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.
  • Use the Site to transmit any information, software or other material that contains a virus or other harmful component.

Limitation of Liability

Under no circumstances, including, but not limited to negligence, shall we or our affiliates be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of, or the inability to use, the Site, including our information, articles, white papers, updates, services, or third-party materials or services made available through the Site or by us in any way, even if we are advised beforehand of the possibility of such damages. (Because some states do not allow the exclusion or limitation of certain categories of damages, the above limitation may not apply to you. In such states, our liability and the liability of our subsidiary and parent companies or affiliates is limited to the fullest extent permitted by such state law.) If you are dissatisfied with the Site, any materials, products, or services on the Site, or with any of the Site's terms and conditions, your sole and exclusive remedy is to discontinue using the Site and the products, services and/or materials.

IF THE FOREGOING DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY IS HELD TO BE UNENFORCEABLE, YOU AGREE THAT OUR LIABILITY TO YOU, WHETHER IN TORT, CONTRACT OR OTHERWISE, FOR ALL CAUSES SHALL NOT EXCEED IN THE AGGREGATE $500.

This Site is continually under development and we make no warranty of any kind, implied or express, as to its availability, accuracy, completeness, or appropriateness for any purpose.

Indemnity

You agree at all times to defend, indemnify and hold harmless us, our affiliates, successors, transferees, assignors, assignees, licensors and licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders, and employees of each from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation, or covenant set forth herein.

Termination

We may cancel or terminate your right to use the Site or any part of the Site at any time without notice or liability. In the event of cancellation or termination, you are no longer authorized to access the part of the Site affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Site, and the disclaimers and limitations of liabilities set forth in these Terms of Use, shall survive.

Confidentiality

You agree not to disclose information you obtain from us. All information submitted to us by another end-user is proprietary information. Such information is confidential and may not be disclosed by you. You agree not to reproduce, disseminate, sell, distribute, or commercially exploit any such proprietary information in any manner.

Other

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by us infringe your copyright, you, or your agent may send us notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to us a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details.

The Site is not directed to individuals under the age of 13, nor does it contain information which would be potentially harmful to minors in any way. However, all visitors to the Website under the age of 13 should not disclose or provide any Personally Identifiable Information.  In the event that Bredeweg & Zylstra, PLC discovers that a child under the age of 13 has provided Personally Identifiable Information to us, we will delete the child's Personally Identifiable Information in accordance with the Children's Online Privacy Protection Act of 1998. Please see the Federal Trade Commission's website for this act.  Notwithstanding the foregoing, pursuant to 47 U.S.C. Section 230(d), as amended, we hereby notify you that parental control protections are commercially available to assist you in limiting access to material that is harmful to minors. More information on the availability of such software can be found through publicly available sources. You may wish to contact your Internet Service Provider for more information.

Applicable Law

Any dispute, controversy, or difference which may arise between the parties out of, in relation to, or in connection with these Terms of Use is hereby irrevocably submitted to the exclusive jurisdiction of the courts of Kent County, Michigan (or through arbitration as set forth below), applying Michigan law, regardless of principles of conflicts of laws. You agree to waive any jurisdictional, venue, or inconvenient forum defenses for purposes of resolving disputes hereunder.

Waiver and Severability

No waiver by us of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by us to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Legal Notice

The information contained and accessed on this Site is provided by us for general guidance and is intended to offer the user general information of interest. The information provided is not intended to replace or serve as a substitute for any accounting, tax, or other professional advice, consultation, or service. You should consult with a Bredeweg & Zylstra, PLC professional in the respective accounting, tax, or other professional area.

Based on specific facts or circumstances, the application of laws and regulations may vary. Based on the fundamental universal condition of the electronic communication process, Bredeweg & Zylstra, PLC does not guarantee or warrant the Site will be uninterrupted, without delay, error-free, omission-free, or free of viruses. Therefore, the information is provided “as is” without warranties of any kind, express or implied, including accuracy, timeliness, and completeness.

Third-party links are provided as a convenience to our users. We do not control and are not responsible for any of these sites or their content. We are obligated to protect our reputation and trademarks and we reserve the right to request removal of any link to our website. Explicit permission is required to use the Bredeweg & Zylstra, PLC logo. To request this written approval, please contact us.

IRS Circular 230 Notice

This is an explanation of how our correspondence with you will be affected by IRS regulations governing tax practitioners.

Any tax advice contained in this written or electronic communication (including attachments) was not intended or written to be used to avoid any penalty imposed by a taxing authority, nor may the user/recipient of this communication use this written tax advice for that purpose. Please contact us with any questions regarding this notice.

Entire Agreement

These Terms of Use and our Privacy Statement constitute the sole and entire agreement between Bredeweg & Zylstra, PLC and you, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.

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