TERMS OF SERVICE AGREEMENT
This Terms of Service Agreement (“Agreement”) constitutes a valid, binding contract between you and International Compliance Professionals Association, a non-profit company registered in Delaware (“ICPA”), the owner and operator of www.ICPAinc.org, with respect to the use of this Web site (the “Site”). The services of ICPA are provided subject to compliance with the terms of this Agreement. Your use of this Site signifies and constitutes your acceptance of this Agreement, as it may be amended from time to time. Please read this Agreement carefully as it forms a binding contract between you and ICPA. Please print a copy of this agreement for your records.
ICPA takes the issue of privacy on the Internet very seriously. To view our privacy policy, click here. Additionally, if products are made available for ordering through our Site, then you may also be subject to other applicable rules and policies.
License and Site Access
ICPA grants you a limited personal, revocable, non-transferable, and non-exclusive license to use the object code of the Site on a single computer and not to download (other than page caching) or modify it, or any portion of it. Except with express written consent of ICPA, you shall not (and shall not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the software for the Site. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any content or any derivative use of this Site or its contents. Neither the Site nor any portion of the Site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of ICPA. You may not use any meta tags or any other “hidden text” utilizing ICPA’s name or trademarks without the express written consent of ICPA. If you would like to link to our Site, please click here for applicable polices. Any unauthorized use or violation of this Agreement terminates the permission or license granted by ICPA.
Access and Interference
Systematic retrieval of data from this Site to create or compile directly or indirectly, in whole or in part, a collection, compilation, database or directory without the express written permission of ICPA is strictly prohibited. You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein. You may not engage in the practices of “screen scraping,” “database scraping,” or any other practice or activity the purpose of which is to obtain lists of users, portions of a database, or other lists or information from this site, in any manner or in any quantities not authorized by ICPA. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of ICPA or its affiliates without prior express written consent. You may not use meta tags or any other “hidden text” utilizing ICPA’s name or trademarks without the express written consent of ICPA.
You agree that you will not use any device, software or routine to bypass any code which may be included to prevent you from breaching the obligations in this paragraph or to interfere or attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our or our host’s infrastructure.
Personal Use of Contents
The content of the Site is for your personal, noncommercial use. Content copied, downloaded or printed must retain all the copyright, trademark and other proprietary notices. For commercial use of any portion of the contents you must secure the written consent from ICPA.
Use of Site
Your use of the Site is at the sole discretion of ICPA, which may deny you further use of the Site at any time, for any reason, with or without cause. Your use of the Site does not entitle you to continued use of the Site.
Your use of the Site must always comply with applicable law. In particular, but without limitation, you agree and represent not to use the Site to:
(a) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity;
(b) upload, post, e-mail or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
(c) upload, post, e-mail or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(d) upload, post, e-mail or otherwise transmit any content that you do not have the right to publicize under law (such as inside trading information);
(e) upload, post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, network, hardware or telecommunications equipment;
(f) post chain letters or pyramid schemes; harvest or otherwise collect information about others (including email addresses) without their consent; or post the same information more than once or “spam” or any other form of solicitation;
(g) use automated scripts to collect information from or otherwise interact with the Site;
(h) violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; or
(i) provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act.
You must be courteous to other users of the Site. Personal attacks are grounds for being banned. If you have a problem with something that another member has posted in the forums please contact us at webmaster@icpainc.org. Do not post a personal attack or other response. Harassing members of the Site in any way will not be tolerated. If a member has advised you that they do not wish for you to contact them, it is your responsibility to respect this request. If you are found to be harassing any member of the Site, ICPA reserves the right to ban you from the Site. If you are being harassed, please notify us immediately at webmaster@icpainc.org.
Violating this Agreement may lead to you being immediately and permanently banned, with notification of your Internet Service Provider if deemed required by us. The IP addresses of all posts are recorded to aid in enforcing this Agreement.
Content Not Endorsement
We do not sponsor, endorse, recommend or approve of any compliance professional or other industry-related service provider who offers or discusses services on the Site. The content of blogs and discussion boards are provided here as a courtesy to visitors who are interested in trade compliance information. Please see Disclaimer of Warranties for more information.
The Site and the services offered by ICPA through the Site are provided solely as a forum to connect members of the Site and to enable the exchange of information. You acknowledge ICPA is not a compliance authority. We do not provide any compliance industry-related services, nor do we claim to be licensed as a customs broker or in any particular trade compliance profession.
Because forums by their nature are open and collaborative, ICPA cannot make any assurance as to the timeliness or accuracy of information provided by the Site itself or any member.
WARNING: It is possible that other users (including unauthorized users, or “hackers”) may post or transmit offensive or obscene materials on the Site and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Site, and that the recipient may use such information to harass or injure you. ICPA is not responsible for the use of any information that you may choose to disclose through the Site. Please carefully select the type of information that you post on the Site or release to others. Opinions, advice, statements, offers, or other information or content made available through the Site, but not directly by ICPA, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. In the event of any dispute between you and another member(s), you release ICPA, its agents, directors, officers and employees from any claims and damages of every nature (including, without limitation, actual, special, incidental and consequential), known and unknown, disclosed and undisclosed, arising out of or in any way connected with such dispute.
You agree to take normal precautions when meeting individuals in person that you have made contact with through the Site.
Editorial Content
The information on this Site is for educational purposes only. By publishing this information, ICPA does NOT render legal, accounting, compliance or other professional advice. It is your own responsibility to seek qualified professional advice for any specific transaction from those licensed to render such advice.
User Submissions
The Site is a service intended to provide trade compliance professionals with a forum for the free-flowing exchange of information and opinions. ICPA encourages your participation but asks you to remember that you are responsible for the content of messages you post. ICPA does not and cannot review every message posted (but reserves the right to do so).
All content on the Site, including user postings, is provided “AS IS,” and you are solely responsible for your reliance on and use of such content. ICPA is not responsible for the consequences of any communications made through the Site. You agree not to, without the express approval of ICPA, distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services.
Your participation in the Site is solely at your own risk. In addition to your obligations under the Indemnification section of this Agreement, you agree to defend, indemnify and hold completely harmless ICPA and its affiliates from and against any and all claims, damages, costs, and expenses they may incur (including, without limitation, attorney’s fees) arising out of a violation or alleged violation by you of these policies or arising from content posted by you on the Site. You agree to cooperate as fully as reasonably required in the defense of any such claim.
You agree not to disrupt the normal flow of dialogue, or post comments that are not related to the topic being discussed (unless it is clear the discussion is free form), or otherwise engage in any other conduct that restricts or inhibits any other person from using or enjoying the Site, or which, in the judgment of ICPA, exposes ICPA or any of its affiliates to any liability or detriment of any type.
By voluntarily submitting information, communications or content (including pictures and anecdotes) to the Site, you agree that such submissions are non-confidential for all purposes and agree to any information you provide being stored in a database. If any content is removed from the Site, you acknowledge that ICPA may retain archived copies of the content. You further agree that such submissions become the property of ICPA and that all title and interest therein, including all rights of copyright, shall rest with ICPA at the time they are submitted and/or posted. Such submissions are subject to being used, reproduced, modified, published, edited, translated, distributed, performed and displayed in any media or medium, or any form, format or forum now known or hereafter developed, for any purpose, in perpetuity without further notice. The submission of such materials in no way creates any obligation or duty on the part of ICPA to post or use such materials or, if we do so, to give you credit. By submitting to the Site, you automatically grant, and you represent and warrant that you have the right to grant, ICPA an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such content, and to grant and authorize sublicenses of the foregoing.
You understand that if you include your email address in any public posting to the Site, that you may receive unsolicited emails for which ICPA bears no responsibility.
Third Party Copyrights
ICPA respects the intellectual property of authors and creators of written works and visual images and we ask our users to do the same. A copyright exists in nearly all text, images and artwork. Copyright vests in its owner the exclusive right to make copies, publicly distribute copies, publicly display the work, and prepare other works based on the original. Federal law provides both civil and criminal penalties for violation of a copyright. ICPA and this Site’s users are each subject to the copyright laws. You represent and warrant that you possess all necessary rights to use the content that you submit to ICPA and that use of such content does not violate the foregoing. You agree to defend, indemnify, and hold us harmless from and against any and all claims arising out of or relating to any content that you submit to us. If you have any questions, you should consult a lawyer who specializes in copyright law.
Links to This Site
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Site so long as the pages that are activated by the link do not: (a) create frames around any page on this Site or use other techniques that alter in any way the visual presentation or appearance of any content within this Site; (b) misrepresent your relationship with ICPA; (c) imply that ICPA approves or endorses you, your Web site, or your service or product offerings; and (d) present false, derogatory, misleading or otherwise offensive impressions about ICPA or its products or services or otherwise damage the goodwill associated with the ICPA name or trademarks. You may not use any ICPA logo or other proprietary graphic or trademark as part of the link without express written permission. As a further condition to being permitted to link to this Site, you agree that ICPA may at any time, in its sole discretion, terminate permission to link to this Site. In such event, you agree to immediately remove all links to this Site.
Links to Other Sites
The Site may contain links to third party Web sites. Such third party Web sites are not under the control of ICPA. Please note that ICPA is not responsible for the accuracy or content of Web sites of other providers that may have links from this Site. Accordingly, ICPA can make no representation concerning the terms of use, privacy policies or content of these sites to you, nor can the fact that ICPA has provided this link serve as an endorsement by ICPA of this or any other site. In creating hypertext links to any other Web site, ICPA is not recommending that Web site or giving any assurances as to its standing. ICPA is providing this link only as a convenience to you. The inclusion of these links is not intended to reflect their importance, nor is it intended to endorse any views expressed, or products or services offered, on these outside sites, or the organizations sponsoring the sites. ICPA makes no warranties, explicit or implied, regarding the performance of the links, the performance of the outside sites or the contents of the outside sites. If you decide to access linked third party Web sites, you do so at your own risk.
Indemnification
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD COMPLETELY HARMLESS ICPA FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING WITHOUT LIMITATION CLAIMS BASED UPON THE NEGLIGENCE OF ICPA, ARISING FROM OR RELATED TO YOUR USE OF THE SITE, THE MATERIALS IT CONTAINS, AND ANY SITES LINKED TO THIS SITE.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ICPA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, QUALITY, PERFORMANCE, NON-INTERFERENCE WITH INFORMATION, AND ACCURACY OF INFORMATIONAL CONTENT. THERE IS NO WARRANTY THAT INFORMATION PROVIDED HEREUNDER, OUR EFFORTS, OR THE SITE WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS.
(b) ICPA ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, THE SITE OR ANY USER COMMUNICATIONS.
(c) ICPA IS NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON THE SITE, WHETHER CAUSED BY USERS OF THE SITE OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE SITE.
(d) ICPA MAKES NO WARRANTY THAT:
(1) YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
(2) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, OR
(3) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
(e) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(f) NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ICPA OR THROUGH THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
Limitations and Exclusions of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ICPA SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ICPA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
(a) THE USE OR THE INABILITY TO USE THE SITE;
(b) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE;
(d) ANY HACKING ATTEMPT THAT MAY LEAD TO THE DATA BEING COMPROMISED;
(e) THE FACT THAT YOU HAVE RELIED ON INFORMATION FROM THIS SITE; OR
(f) ANY OTHER MATTER RELATING TO THE SITE.
IF YOU ARE DISSATISFIED WITH THE SITE, OR ANY OF THE INFORMATION CONTAINED THEREON, OR REFUSE TO ABIDE BY THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE OF THE SITE. NOTWITHSTANDING THE FOREGOING, ICPA’S LIABILITY TO YOU SHALL NOT EXCEED $1,000. YOU FURTHER AGREE NOT TO JOIN IN ANY LAWSUIT WITH ANOTHER PERSON OR SERVE AS A CLASS REPRESENTATIVE OF ANY CLASS ACTION LAWSUIT AGAINST ICPA ARISING OUT OF THE USE OF THE SITE.
ICPA SHALL NOT BE HELD LIABLE FOR ANY REPRESENTATIONS ON THIRD PARTY SITES IN RELATION TO THE INFORMATION PROVIDED IN THIS SITE.
Release
ICPA is acting only as an information aggregator and disseminator. Click here for more information. Should you have a dispute with a user, you agree that you release ICPA, its officers, directors, members, agents, and employees from all claims, demands, and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with such a dispute.
Intellectual Property Rights
The Site is protected by copyright, trademark, trade dress and other intellectual property rights.
(a) The ICPA’s logos, and other trademarks, service marks, labels, product names and service names (collectively, the “Marks”) are owned or licensed by ICPA. You agree not to copy, display or otherwise use any of the Marks without the prior written permission of ICPA. Notwithstanding the foregoing, the Marks may not be used in any manner likely to cause confusion, disparage or dilute these marks and/or in connection with any product or service that is not authorized or sponsored by ICPA.
(b) The entire Site, and all object code and source code, text, graphics, multimedia content, including but not limited to images, illustrations, audio and video clips, html and other mark up languages, and all scripts within the site associated therewith, are copyright 2003 to 2009, International Compliance Professionals Association. All rights reserved. The copyrighted and proprietary property of ICPA may not be duplicated or used without ICPA’s express prior written consent.
Unsolicited Idea Submission
We always welcome messages and feedback from ICPA users and any comments regarding the ICPA Site. However, it is ICPA’s policy to not accept or consider ideas, suggestions, or proposals other than those we specifically request. The intent of this policy is to avoid the possibility of future misunderstandings when new functionality and features developed internally by ICPA might be similar or even identical to your idea.
If you do send ICPA an unsolicited suggestion, idea, or proposal, or if you send, at the request of ICPA, a comment or suggestion to improve the Site (for example, through discussion boards or via email) (collectively, the “Submission”), ICPA will consider the Submission to be non-confidential and non-proprietary. ICPA shall have no obligations concerning the Submission, contractual or otherwise (including, but not limited to, an obligation to keep the Submission confidential), and shall not be liable for any use or disclosure of any Submission. ICPA shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to you.
Online Content
Opinions, advice, statements, offers, or other information or content made available through this Site are those of their respective authors and not of ICPA, and should not necessarily be relied upon. Such authors are solely responsible for the accuracy of such content. ICPA does not guarantee the accuracy, completeness, or usefulness of any information on the Site and neither adopts nor endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made. Under no circumstances will ICPA be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Site.
Digital Millennium Copyright Act
You agree not to upload or transmit any communications or content of any type that infringes or violates any rights of any party. It is our policy not to permit materials known by us to be infringing to remain on the Site. ICPA has made every effort to secure appropriate clearances for all proprietary intellectual properties used on this Site. If you believe any material on this Site is infringing, please contact us immediately. Pursuant to the Digital Millennium Copyright Act, DMCA, we have registered an agent to receive copyright claims (“Designated Agent”).
You may notify us of alleged intellectual property rights infringement by contacting our Designated Agent at:
Mail: 322 Bronco Lane
Springtown, TX 76082
Phone: 817-726-7858
Facsimile: 817-608-2109
Email: webmaster@icpa.org
Please be aware that, in order to be effective, your notice of claim must comply with the detailed requirements set for the in the DMCA. You are encouraged to review them (see 17 U.S.C. § 512(c)(3)) before sending your claim.
Upon receipt of notice of claimed infringement, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content at issue.
Please do not send any other communications to the Designated Agent, who is appointed solely for the purposes of receiving notices of copyright claims under the DMCA.
Communications Decency Act
If you believe that a posting on the Site is inaccurate, you are solely limited to posting a rebuttal. ICPA does not remove postings at the request of the provider of the product. Please note that ICPA is a provider of an interactive computer service under the Communications Decency Act or “CDA,” (see 47 U.S.C. § 230). Because this important law is not well known, we want to take a moment to explain the law and to also explain that the filing of frivolous lawsuits can have serious consequences for those who file them, both parties and their attorneys.
In short, the CDA provides that when a user writes and posts material on a Web site such as the Site, the Web site itself cannot, in most cases, be held legally responsible for the posted material. Specifically, 47 U.S.C. § 230(c)(1) states, “No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.” Because the comments and opinions on the Site are authored by users of the Site, we cannot be legally regarded as the “publisher or speaker” of the content contained here, and hence we are not liable for the content even if it contains false or inaccurate information.
To be of use to our users, we need to encourage a large volume of posting. Given the volume, we do not assume any duty to monitor the accuracy of the information our users may choose to post. If a disgruntled plaintiff were permitted to hold a Web site liable for information that the Site did not create, this would stifle free speech as fewer and fewer sites would be willing to permit users to post anything at all. See generally Batzel v. Smith, 333 F.3d 1018, 1027–28 (9th Cir. 2003) (“Making interactive computer services and their users liable for the speech of third parties would severely restrict the information available on the Internet. Section 230 [of the CDA] therefore sought to prevent lawsuits from shutting down Web sites and other services on the Internet.”)
If you believe that a post infringes on your intellectual property, please review your rights under the Digital Millennium Copyright Act.
Modification
ICPA may update, revise, supplement, modify or amend this Agreement at any time. ICPA will indicate at the bottom of this Agreement the date of the last update. Any updates, revisions, supplements, modifications or amendments shall be effective immediately upon its posting on the Site, and will only be applicable to disputes arising, or arising out of events occurring, after such posting has been made. ICPA will provide you notice of any updates, revisions, supplements, modifications or amendments to this Agreement. You agree that you will continue to be bound by this Agreement, however and whenever it is updated, revised, supplemented, modified, or amended, if you continue to use the Site after the updates, revisions, supplements, modifications or amendments have been posted.
Entire Agreement
This Agreement constitutes the entire agreement between you and ICPA with respect to your use of the Site. There are no other representations, warranties, terms, agreements or conditions, either written or oral, with respect to your use of the Site except as set forth in this Agreement. If you are an individual or entity who has a written agreement with ICPA, this Agreement is subject to, and governed by, the terms of any such written agreement you have entered into with ICPA.
Severability
If any provision of this Agreement is deemed unlawful, void, voidable or unenforceable for any reason, then that provision shall be deemed severable from this Agreement and shall not affect the validity or enforceability of any remaining provisions.
Dispute Resolution
Any dispute arising between you and ICPA (whether grounded in contract, tort, statute, law or equity) or relating in any way to this Agreement, or the breach thereof, shall be finally determined by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted in Parker County, Texas before a single arbitrator appointed in accordance with the applicable rules of the AAA. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Discovery during the arbitration shall be conducted pursuant to the Federal Rules of Civil Procedure and shall be limited to the exchange of relevant documents and depositions of the Parties. No Party is precluded from seeking and obtaining injunctive or other emergency relief, and the election to do so by a Party shall not be construed as a waiver of arbitration.
Any dispute must be raised within one (1) year after the date the cause of action arose. Failure to provide the written documentation within this timeframe will render all claims related to the dispute null and void.
Governing Law and Venue
ICPA’s principal office is in the State of Texas and this Site is controlled by ICPA from its offices within the State of Texas, United States of America. The Site can be accessed from all 50 states, as well as from other countries around the world. As each of these jurisdictions has laws and regulations that may differ from those of Texas, by accessing this Site both you and ICPA agree that the statutes and laws of the State of Texas, without regard to conflicts of laws principles thereof, will apply to all matters relating to use of this Site (whether grounded in tort, contract, law or equity).
This contract is fully performable in Parker County, Texas. The Parties hereto waive any challenge to personal jurisdiction or venue (including without limitation a challenge based on inconvenience) in Parker County, Texas. For any matter not governed by the Dispute Resolution section above, the Parties specifically consent to the jurisdiction of the State District Courts of Parker County, and the United States District Court for the Northern District of Texas, Fort Worth Division.
Electronic Communications
You consent to receive communications from us by e-mail. You agree that all agreements, notices, disclosures and other communications that we provide to you by e mail satisfy any legal requirement that such communications be in writing. If you have other questions about how we might use your e-mail address please click here and review our Privacy Policy.
User Disputes
You are solely responsible for your interactions with other users of the Site. We reserve the right, but have no obligation, to monitor disputes between you and other users.
Termination
ICPA may terminate your right to use this Site, with or without cause at any time in its sole discretion, including, without limitation, your violation of this Agreement, failure to provide accurate membership data, and lack of use. In the event of termination, all representations, warranties, indemnifications, and promises made by you shall survive.
Contact Information
If you have a comment, question or request, or if you need to contact ICPA for any other reason, there are two easy ways to do so.
(a) Via the Email/Web: Please email us at webmaster@icpainc.org.
(b) U.S. Mail: Send mail to ICPA at: ICPA
P.O. Box 1544
Springtown, TX 76082
Adopted September 1, 2009.