Terms and Conditions of Use
Close Window
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THIS WEBSITE:
BY USING THE SERVICES WITHIN, YOU ARE IMPLICITLY ACCEPTING AND AGREEING TO THESE TERMS AND CONDITIONS.

You have selected to use the H. James Clark, CPA, LLC website for transmission and processing of your financial information. (the "Service"). The Service is provided to you under the terms and conditions set forth in these Terms and Conditions of Use ("Agreement").

1. Description of Services
Subject to H. James Clark, Jr. CPA, PC 's acceptance of Your registration and Your compliance with the terms and conditions of this Agreement, H. James Clark, Jr. CPA, PC will provide You with the following service (the "Basic Service") : (a) H. James Clark, Jr. CPA, PC will establish one (1) account in Your name on the H. James Clark, Jr. CPA, PC servers (the "Account"); (b) H. James Clark, Jr. CPA, PC will allow You to retrieve data files from Your Account;(c) In Your use of the Service, you are responsible for providing the following: (i) all equipment, such as a computer and modem, necessary to access the World Wide Web; (ii) Your own access to the World Wide Web; and (iii) payment of all telephone or other fees associated with such access. Please note H. James Clark, Jr. CPA, PC provides an extensive range of services. It is possible that one or more of these services may not be available at certain times.

2. Conditions of Use
You are solely responsible for the content of all data You store or retrieve from, or attempt to store or retrieve from, Your Account and the Public Folders and for all transmissions by You from and to Your Account. Your use of the Service is subject to all applicable local, state, national and international laws and regulations. You will: (a) not use the Service for any illegal purposes; (b) not use the Service to store, retrieve, transmit or view any file, data, image or program that contains: (i) any illegal pictures, materials or information; (ii) any harassing, libelous, abusive, threatening, harmful, vulgar, pornographic, obscene or otherwise objectionable material of any kind or nature; (iii) any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation; (iv) any code or material that violates the intellectual property rights of others; (v) any Windows temporary files of any kind (including, without limitation, any *.p or ~*.* files); or (vi) any viruses, worms, "Trojan horses" or any other similar contaminating or destructive features; (c) comply with United States and other applicable law regarding the exportation and re-exportation of any data or other materials from the United States or other jurisdictions through the Service; (d) not use the Service for any use that may otherwise disrupt the Service or the networks through which You access and use the Service; (e) comply with all regulations, policies and procedures of networks through which You access and use the Service; and (f) not access or attempt to access any Service account for which You have no access authorization or duplicate, modify, distribute or display any of the data or files from any such account.
Any link(s) provided through a web site or a mass email to download/upload files stored at H. James Clark, Jr. CPA, PC's web servers is completely unacceptable and would be considered as violation of terms as per the (g) clause mentioned above.

3. Registration Information
You will promptly notify H. James Clark, Jr. CPA, PC of any change in the information You provide on Your initial signup registration during Your registration for the Service (including, without limitation, any change in Your mailing address, telephone numbers or email address). The registration information provided by You on Your registration form during Your registration for the Service, together with any and all updates provided by You from time to time under this paragraph, is referred to in this Agreement as the "Registration Information." H. James Clark, Jr. CPA, PC 's policy regarding the privacy and use of the Registration Information is set forth in H. James Clark, Jr. CPA, PC 's privacy policy, as the same may be modified and amended by H. James Clark, Jr. CPA, PC from time to time (the "Privacy Policy"). When You accept this Agreement, You acknowledge that You agree to the terms of the Privacy Policy.

3a. Use of IP Addresses
An IP address is a number that's automatically assigned to your computer whenever you're surfing the Web. H. James Clark, Jr. CPA, PC may collect IP addresses for the purposes of system administration, to audit the use of our site. We can and will use IP addresses to identify a user when we feel it is necessary to enforce compliance with our house rules or terms of service or to protect our service, site, customers, or others. Some services and Emails sent from H. James Clark, Jr. CPA, PC, such as registration related, may display IP addresses along with the message.

3b. Use of Cookies
Some parts of H. James Clark, Jr. CPA, PC website will use cookies to collect information about visitors' use of the website. This information collected from cookies is used to improve the functionality of the website while navigating across different sections. The personal user is not identifiable from this information.
A cookie is a message that is sent to your browser from a Web server and stored on your computer's hard drive. Most Internet sites use cookies.

4. Account and Password
After You accept this Agreement and Your registration has been accepted by H. James Clark, Jr. CPA, PC , You are solely responsible for any consequences arising out of Your failure to maintain the confidentiality of Your Password. You will notify H. James Clark, Jr. CPA, PC of any unauthorized use or other breach in security of Your Account immediately after You learn of the same.

5. Security of Stored Data and Files
H. James Clark, Jr. CPA, PC will endeavor to restrict access to the data and files You store or retrieve from Your Account to persons accessing such data and files through use of Your Account or Password. However, it may be necessary to access user’s accounts for support requirements.

6. Backups of Your Data
H. James Clark, Jr. CPA, PC maintains regular backups of data to recover from any software/hardware failures. Multiple snapshots of your data at different times are maintained online. H. James Clark, Jr. CPA, PC may also maintain a copy of data at a geographically distanced data center from the primary location for additional protection.

7. Disclaimer of Warranties
The transmission, storage, viewing and retrieval of data and files through the World Wide Web is subject to a variety of conditions that make such transmission, storage, viewing and retrieval potentially unreliable. ACCORDINGLY, YOUR USE OF YOUR ACCOUNT AND THE SERVICE IS AT YOUR SOLE RISK. YOUR ACCOUNT AND THE SERVICE IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. H. JAMES CLARK, JR. CPA, PC, ON BEHALF OF ITSELF AND ITS SUPPLIERS, DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO YOUR ACCOUNT AND THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT). PLEASE NOTE THAT YOUR ACCOUNT AND THE SERVICE MAY NOT MEET YOUR NEEDS. H. JAMES CLARK, JR. CPA, PC MAKES NO REPRESENTATION OR WARRANTY: (A) THAT YOUR ACCOUNT OR THE SERVICE WILL MEET YOUR NEEDS; (B) THAT ACCESS TO YOUR ACCOUNT OR THE SERVICE WILL BE TIMELY, ERROR-FREE, UNINTERRUPTED, VIRUS-FREE OR SECURE; (C) THAT THE DATA AND FILES YOU STORE IN YOUR ACCOUNT WILL NOT BE LOST OR DAMAGED; (D) THAT THE DATA ON YOUR DESKTOP OR SERVER WILL NOT BE LOST OR DAMAGED; OR (E) THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. YOU ACKNOWLEDGE THAT ANY MATERIAL OR DATA YOU RETRIEVE THROUGH THE USE OF THE SERVICE IS DONE AT YOUR CHOICE AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE RETRIEVAL OF SUCH MATERIAL OR DATA.

8. Limitations of Liability
IN NO EVENT SHALL H. JAMES CLARK, JR. CPA, PC OR ITS SUPPLIERS HAVE ANY OBLIGATION OR LIABILITY TO YOU FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR DATA OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, REVENUE OR PROFITS OR BUSINESS INTERRUPTION) OR OTHER PECUNIARY LOSS ARISING OUT OF YOUR USE OR INABILITY TO USE YOUR ACCOUNT OR THE SERVICE OR YOUR LOSS OF DATA OR FILES STORED THEREIN.

9. Indemnification
You will defend, indemnify and hold H. James Clark, Jr. CPA, PC , its parents, subsidiaries, affiliates, agents, officers, directors and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of (a) Your use of Your Account and the Service, (b) any data files and content stored by You in Your Account and otherwise on the H. James Clark, Jr. CPA, PC servers and (c) any violation of this Agreement by You.

10. Termination
Either you or H. James Clark, Jr. CPA, PC may terminate this Agreement with or without cause at any time by giving notice of such termination to the other in the manner described in paragraph 11 below. Further, if H. James Clark, Jr. CPA, PC believes that You have violated Your obligations under this Agreement, H. James Clark, Jr. CPA, PC may, at its option and in addition to its other remedies, immediately and without notice, suspend Your Account, remove and destroy data and files stored by You on H. James Clark, Jr. CPA, PC 's servers and/or terminate this Agreement. H. James Clark, Jr. CPA, PC will not be liable to You or any third party for any suspension or termination of Your Account or the Service. Should You object to any terms and conditions of this Agreement or any subsequent modifications thereto or become dissatisfied with the Service in any way, Your only recourse is to immediately: (a) discontinue use of the Service; (b) terminate this Agreement; and (c) notify H. James Clark, Jr. CPA, PC of such termination. Upon any termination of this Agreement, H. James Clark, Jr. CPA, PC may remove your stored data files from main storage and archives within three (3)-day period from termination notice. Backup or inactive copies of your data may be held by H. James Clark, Jr. CPA, PC indefinitley for archive and backup purposes. Paragraphs 7, 8, 9, 10, 11, 12, 13 and 14 of this Agreement (and any other provision that can be reasonably construed to survive termination) will survive termination of this Agreement.

11. Notices
Any notice under this Agreement given by H. James Clark, Jr. CPA, PC to You will be deemed to be properly given if sent by email to Your email address as set forth in the Registration Information, or by a startup screen that starts before Your next use of the Service or by written communication mailed by first class U.S. mail to Your address on record in the Registration Information or by a display about the changed information in the agreement on the index page if the change is generic. It is important that you maintain a correct working email id and update it if necessary to be able to receive H. James Clark, Jr. CPA, PC 's communication. Any notice under this Agreement given by You to H. James Clark, Jr. CPA, PC will be deemed to be properly given if received by email sent to H. James Clark, Jr. CPA, PC 's Customer Service at techteam@jimclarkcpa.com, except those that are related to cancellation or termination of the account. User is expected to login online at http://www.jimclarkcpa.com, go to 'Contact', call the phone number provided and provide necessary information for cancellation. Sending an email to techteam@jimclarkcpa for cancellation is not considered as a cancellation notice for security reasons. On successful cancellation of account by the user, or by H. James Clark, Jr. CPA, PC due to various reasons including non-payment for the services, user data files may be removed within three (3)-day period from cancellation date from main storage as well as archives.

12. Severability
This Agreement will be enforced to the fullest extent permitted by applicable law. If for any reason any provision of this Agreement is held to be invalid or unenforceable under applicable law to any extent, then (a) such provision will be interpreted, construed or reformed to the extent reasonably required to render the same valid, enforceable and consistent with the original intent underlying such provision and (b) such invalidity or unenforceability will not affect any other provision of this Agreement.

13. Modifications to this Agreement
The terms and conditions of this Agreement may be changed by H. James Clark, Jr. CPA, PC from time to time. Upon any such change, H. James Clark, Jr. CPA, PC will post an updated version of this Agreement on the H. James Clark, Jr. CPA, PC 's website located at http://www.jimclarkcpa.com and/or the login page for the file exchange system. Your use of any Services after such change will constitute Your acceptance of such changed terms and conditions.

14. Miscellaneous
Your right to use the Service is personal to You, and You will not assign any of Your rights, obligations or interest in this Agreement or Your Account. Without limiting the foregoing, this Agreement is binding upon and inures to the benefit of the parties and their respective successors and assigns. H. James Clark, Jr. CPA, PC 's failure to insist upon or enforce strict performance of any provision or right of this Agreement will not be construed as a waiver of any provision or right. This Agreement will be governed by the laws of the State of Texas, without regard to its conflict of laws rules. The provisions of the U.N. Convention on Contracts for the International Sale of Goods and any successor treaties will not apply. You consent to the venue and exclusive jurisdiction of the state and federal courts located in Bexar County, Texas, U.S.A., with regard to any claim arising under or otherwise occurring by reason of this Agreement or Your use of the Service or Your Account. You will commence any claim or cause of action arising under or otherwise occurring by reason of this Agreement within one (1) year after the claim or cause of action arises or such claim or cause of action is forever barred. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes any and all prior and contemporaneous understandings and agreements.







We are a tax and accounting practice, working for individuals and businesses. Our vast experience allows us to find the best solutions to our clients' needs. Our understanding of current technology allows us to communicate clearly and efficiently, and also recommend systems that are time efficient for our clients. We work to ensure that you pay the legal minimum in tax, and most importantly, our goal is your success!