Website Terms and Conditions
Averkamp CPA Group LLC (“Averkamp CPA,” “we,” “us,” or “our”) provides this website, including its pages, blog posts, downloads, forms, and other content made available through AverkampCPA.com (the “Website”), subject to these Terms and Conditions. By accessing or using the Website, you agree to these Terms and Conditions. If you do not agree, do not use the Website.
We may update these Terms and Conditions at any time by posting a revised version on this page. Your continued use of the Website after changes are posted constitutes your acceptance of the revised Terms and Conditions.
1. Website Information Only; No CPA-Client Relationship
The Website is provided for general informational and educational purposes only. Content on the Website does not constitute accounting, tax, financial, legal, or other professional advice, and it is not a substitute for advice tailored to your specific facts and circumstances.
Your use of the Website, including submitting a contact form, sending an email, downloading materials, or communicating with us through the Website, does not create a CPA-client relationship, accountant-client privilege, fiduciary relationship, or any engagement between you and Averkamp CPA. A professional relationship is formed only through a separate written engagement letter signed by Averkamp CPA and the client.
2. No Reliance; Separate Engagement Letters for Services
You are responsible for evaluating the accuracy, completeness, and usefulness of information available on the Website. You should not act or refrain from acting based on Website content without obtaining advice from qualified professionals regarding your particular situation.
All professional services performed by Averkamp CPA are governed solely by a separate written engagement letter. If there is no signed engagement letter for services, Averkamp CPA has no obligation to provide professional services and assumes no liability arising from your reliance on Website content alone.
3. IRS Circular 230 Disclosure
Pursuant to requirements imposed by the Internal Revenue Service, any tax advice contained on this Website or in any communication with Averkamp CPA (including any downloadable document) is not intended or written to be used, and cannot be used, for the purpose of avoiding penalties under the United States Internal Revenue Code or for promoting, marketing, or recommending to another person any tax-related matter. Please contact us if you wish to obtain formal written advice regarding a specific matter.
4. No Confidential Information Through the Website
Do not send confidential, proprietary, personal, or time-sensitive information through the Website, through contact forms, or by unsolicited email unless and until you have received written instructions from us to do so through an approved secure method. Information you send before a formal engagement begins may not be treated as confidential or privileged.
5. Permitted Use and Intellectual Property
The Website and its content, including text, graphics, logos, downloads, blog content, layout, and design, are owned by or licensed to Averkamp CPA and are protected by applicable intellectual property laws. We grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Website for your personal or internal business informational use only.
You may not copy, reproduce, republish, distribute, modify, create derivative works from, publicly display, sell, license, scrape, data mine, or exploit any Website content for commercial purposes without our prior written consent, except as otherwise permitted by law.
6. Prohibited Uses
You agree not to use the Website in any manner that could damage, disable, overburden, impair, or interfere with the Website or any other party’s use of the Website. You also agree not to attempt to gain unauthorized access to any portion of the Website, servers, accounts, or networks connected to the Website, and not to use the Website to transmit unlawful, infringing, fraudulent, defamatory, abusive, or malicious material.
7. Third-Party Links and External Resources
The Website may contain links to third-party websites, tools, or resources for convenience only. We do not control and are not responsible for the content, accuracy, security, privacy practices, availability, or terms of any third-party websites or services. Inclusion of a link does not imply endorsement.
8. Disclaimer of Warranties
Use of the Website is at your own risk. The Website and all content, materials, information, and services made available through it are provided “as is” and “as available,” without warranties of any kind, express or implied, to the fullest extent permitted by law. Without limiting the foregoing, Averkamp CPA disclaims all warranties of accuracy, completeness, timeliness, merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising from course of dealing or usage of trade.
We do not warrant that the Website will be uninterrupted, error-free, secure, free of viruses or other harmful components, or that defects will be corrected.
9. Limitation of Liability
To the fullest extent permitted by law, Averkamp CPA and its members, managers, employees, agents, contractors, licensors, and service providers will not be liable for any direct, indirect, incidental, consequential, special, punitive, exemplary, or other damages arising out of or relating to your access to, use of, inability to use, or reliance on the Website or any Website content, including damages for lost profits, lost data, business interruption, reputational harm, or the transmission of viruses or malicious code, even if advised of the possibility of such damages.
If, notwithstanding the foregoing, Averkamp CPA is found liable to you for any claim arising out of or relating to the Website or these Terms and Conditions, Averkamp CPA’s aggregate liability shall not exceed one hundred U.S. dollars (US $100.00).
10. Indemnification
You agree to indemnify, defend, and hold harmless Averkamp CPA and its members, managers, employees, agents, contractors, and affiliates from and against any claims, liabilities, damages, losses, judgments, awards, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to your violation of these Terms and Conditions or your misuse of the Website.
11. Class Action Waiver and Dispute Resolution
Any dispute, claim, or controversy arising out of or relating to the Website or these Terms and Conditions shall be brought only on an individual basis. You and Averkamp CPA waive any right to assert or participate in any class action, collective action, mass action, representative action, consolidated action, or class-wide arbitration.
Before filing a lawsuit, the parties agree to attempt in good faith to resolve the dispute informally. If a dispute is not resolved informally, any legal action arising out of or relating to the Website or these Terms and Conditions shall be brought exclusively in the state or federal courts located in Florida, and each party irrevocably submits to the personal jurisdiction and venue of those courts. You waive any objection based on improper venue or forum non conveniens.
12. Privacy
Your use of the Website is also subject to our Privacy Policy, as it may be updated from time to time. If there is any conflict between these Terms and Conditions and the Privacy Policy regarding Website privacy practices, the Privacy Policy will control for that limited purpose.
13. Termination of Website Access
We may suspend, restrict, or terminate your access to all or any part of the Website at any time, without notice, for any reason, including if we believe you have violated these Terms and Conditions.
14. Governing Law
These Terms and Conditions and any dispute arising out of or relating to the Website shall be governed by and construed in accordance with the laws of the State of Florida, without regard to conflict of law principles.
15. Severability and Entire Agreement
If any provision of these Terms and Conditions is held invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect. These Terms and Conditions, together with the Privacy Policy as applicable to Website use, constitute the entire agreement between you and Averkamp CPA regarding your use of the Website and supersede any prior understandings regarding Website use.