Using our website or contacting us does not create any CPA-client relationship. You should not transmit confidential information over Internet when making inquiries. You must use a secure portal to exchange all sensitive information. Providing your information to request a quote does not create any CPA-client relationship. The CPA-client relationship is established only after the engagement letter is signed by Artio Partners and a client.
Our Relationship to You
Our relationship to you is at all times that of an independent contractor. This Agreement in no way creates any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and Artio Partners.
You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Website, Content, and Service provided therein.
Our Intellectual Property
Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Website or Service does not constitute any right or license for you to use our service marks or trademarks, without the prior written permission of Artio Partners.
Our Content, as found within our Website and Service, is protected under United States and International copyrights. The copying, redistribution, use or publication by you of any such Content, is strictly prohibited. Your use of our Website or Service does not grant you such rights as well as any ownership rights to our Content.
If there is a computational inaccuracy in the processing of a user’s data by Artio Partners, we will repay to you the amount of the penalty and/or interest assessed solely as a result of such computational inaccuracy paid by you to the relevant taxing authority provided, however, that in no case shall the amount of such repayment exceed the cost of Artio Partners fee paid by you. For purposes of this agreement, a “computational inaccuracy” shall be defined to mean only a mistake in the numerical addition, subtraction, multiplication or division of numbers. If you believe such a computational inaccuracy has occurred, you must notify us via email .
This notification is to be made as soon as you learn of the mistake (and in no event later than 30 days after the penalty is assessed). You must include a copy of the notice of error from the taxing authority, a copy of the applicable printed tax return and the user id associated with the return. You are responsible for providing any other information requested by us. You are also responsible for paying any additional tax liability not repayable to you under this agreement.
To the full extent permitted by law, the foregoing sets forth user’s sole and exclusive remedy and the entire obligation of Artio Partners and its affiliates, agents, subcontractors and suppliers with respect to any claims with respect to alleged computational errors or inaccuracies in the performance of Artio Partners.
Limitation of Liability
Except as expressly provided above, Artio Partners is provided “as-is” and, to the maximum extent permitted by applicable law, we disclaim all other warranties, express or implied, regarding Artio Partners, including fitness for a particular purpose, merchantability, or non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. In this event, any implied warranties are limited in duration to 60 days from the date that completed tax return forms are supplied to you by Artio Partners. However, some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply. This warranty gives you specific legal rights. You may have other rights under the laws of certain jurisdictions. Our entire liability to you for any reason shall be limited to the amount of the fee paid by you for Artio Partners. To the maximum extent permitted by applicable law, we are not liable for any indirect, special, incidental or consequential damages (including damages for loss of business, loss of profits or investment, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if we have been advised of the possibility of such damages. Some jurisdictions do not allow the limitation and/or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply.
Waiver of Liability for Links to Other Websites
The Artio Partners Website may contain links to other websites. You understand and agree that Artio Partners has no control over the content of any such websites, especially with regards to the accuracy, reliability, and timeliness of their content. As always, you understand and agree that your use and reliance on any content from such other websites is solely at your own risk. You understand and agree that Artio Partners is in no way liable for any damages to you that may arise from such use or reliance, regardless of the fact that you reached such a website through the Artio Partners Website.
You agree to indemnify Artio Partners and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or the use of our Website.
Release of Personal Information
Arbitration of Disputes
If we cannot amicably resolve any legal dispute or damage claim that should arise from your interactions with Artio Partners, you agree to resolve any such dispute or damage claim by arbitration. The arbitration proceeding shall be conducted in Chicago, Illinois, in accordance with the rules of the American Arbitration Association then in effect with one (1) arbitrator to be selected by mutual agreement of both you and Artio Partners. If we cannot agree on an arbitrator, then the American Arbitration Association shall select an arbitrator from the National Panel of Arbitrators. The laws of the Cook County in the State of Illinois shall apply to the arbitration proceedings. You agree that the arbitrator cannot award punitive damages to either of us and agree to be bound by the arbitrator’s findings. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction.
Controlling Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois, United States of America. The exclusive jurisdiction for any action relating to this Agreement shall be a federal or state court in Cook County, Chicago, and you hereby consent to the jurisdiction of such courts for such purposes.
This Agreement contains the entire agreement between you and us regarding your use of Artio Partners and supersedes any prior statements or written or oral agreements with respect thereto.