PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. THIS IS A LEGAL
CONTRACT.
Acceptance of Terms of Use
The Fiebiger, Swanson, West &Co., PLLP ("FSW") client portal is offered to you conditioned on
your acceptance of the terms, conditions and notices contained in this Client Portal Agreement,
as may be updated from time to time by FSW. By using the portal you agree to these terms and
conditions. If you are not a FSW client or authorized employee of a FSW client, then any use by
you of the portal is prohibited.
Description of Service
The portal provides FSW clients and their authorized employees with access to information
displayed on the portal for inquiries and deliveries of documents and communications for their
account only. The information, documents and communications on the portal are provided as a
convenient resource to clients and may be used for informational purposes only.
User Password and Security
Using the portal and its related services requires the use of a password and a user name. The
confidentiality of your password and account is your responsibility. You must take
appropriate security measures to maintain the confidentiality of your password and
username and to prevent disclosure to any unauthorized persons. Any activities that
occur under your account are your responsibility and not the responsibility or liability of
FSW. You agree to notify FSW immediately of any unauthorized use of your account or any
other breach of security by contacting us at (701) 280-2100. It is prohibited to use anyone else’s
account without the express permission of that account holder.
Accuracy of Content and Liability Disclaimer
FSW will strive to use reasonable efforts to include accurate and updated information on the
portal. HOWEVER, YOU UNDERSTAND AND AGREE THAT FSW IS UNDER NO
OBLIGATION TO DO SO AND NEITHER FSW NOR ITS SUPPLIERS MAKE ANY
REPRESENTATION OR WARRANTY ABOUT THE SUSTAINABILITY, RELIABILITY,
AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION SOFTWARE,
DOCUMENTS AND COMMUNICATIONS CONTAINED ON THE PORTAL FOR ANY
PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH
INFORMATION, SOFTWARE, DOCUMENTS AND COMMUNICATIONS ARE PROVIDED "AS
IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. FSW AND ITS SUPPLIERS
HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO SUCH
INFORMATION, SOFTWARE, DOCUMENTS AND COMMUNICATIONS, INCLUDING
WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FSW
OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL, CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES WHATSOEVER,
INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS,
ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OR THE
PERFORMANCE OF THE PORTAL, WITH THE DELAY OR INABILITY TO USE THE PORTAL
OR RELATED SERVICES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE,
STRICT LIABILITY OR OTHERWISE, EVEN IF ANY OF FSW OR ITS SUPPLIERS HAS BEEN
ADVISED OF THE POSSIBILITY OF DAMAGES. CERTAIN STATES DO NOT PERMIT
TYPES OF THESE LIMITATIONS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE PORTAL, INFORMATION,
DOCUMENTS OR COMMUNICATIONS ON THE PORTAL, OR WITH ANY OF THESE TERMS
AND CONDITIONS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING
THE PORTAL AND THE INFORMATION, DOCUMENTS OR COMMUNICATIONS YOU
OBTAINED FROM THE PORTAL. YOU MUST CONTACT FSW at (701) 280-2100 TO
CANCEL YOUR PASSWORD AND USERNAME.
Icons, Logos and Other Proprietary Material
The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the FSW
portal are registered and common law trademarks of FSW. Nothing contained on the portal
should be construed as granting, by implication, or otherwise, any license or right to use any of
the Trademarks displayed on the portal without the written permission of FSW. Your use of any
of the Trademarks displayed on the portal or displayed on any content on the portal is strictly
prohibited.
You should assume that everything you see or read on the portal is copyrighted and is a trade
secret and may not be used except as provided in these terms and conditions of use or in the
text on the portal without the written permission of FSW.
Changes to Terms and Conditions of Use
FSW may at any time modify the terms, conditions and notices under which the portal is offered
by updating this posting. You are bound to any such modifications if you continue to use the
FSW portal. FSW may terminate the portal in its sole discretion.
Confidentiality, Information Protection, and Protection of Data
Notwithstanding any existing legal or contractual obligations regarding confidentiality between
you and FSW, you undertake to treat all knowledge relating to business secrets, which come
into your possession, as confidential. You shall assure that any protected data, which comes
into your possession through the use of the portal, is not transmitted to any unauthorized
person. In partial consideration of the opportunity to access the resources of the portal
concerning your account, you agree to maintain the strict confidentiality of access of the portal
and its data (including password and username) to you and your authorized employees and to
indemnify and hold harmless FSW and its officers, partners, agents, and employees and their
heirs, successors and assigns from and against any and all claims, actions, demands, losses,
damages, judgments, costs and expenses, including without limitation, reasonable attorneys’
fees and liabilities of every kind which may arise from your or your employees’ use of the portal
or because of violation of these terms and conditions of use.
No Unlawful or Prohibited Use
You are prohibited from using the portal to damage, disable, or overburden FSW’s servers or
network or impair the portal or interfere with any other party’s use of the portal. Hacking,
password mining or any other means to gain unauthorized access to the portal, portal accounts,
computers or network is prohibited. Posting or transmitting any unlawful, threatening, libelous,
defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any
material that could constitute or encourage conduct that would be considered a criminal offense,
give rise to civil liability, or otherwise violate any law is also prohibited. FSW will fully cooperate
with any law enforcement authorities or court order requesting or directing FSW to disclose the
identity of anyone posting any such information and materials.
IRS CIRCULAR 230 DISCLOSURE
To ensure compliance with requirements imposed on June 20, 2005 by the United States
Treasury, FSW informs you that any tax advice contained in communication (including any
attachments) using the portals was not intended or written to be used, and cannot be used, for
the purpose of 1) avoiding tax-related penalties or 2) promoting, marketing or recommending to
another party any tax related matters addressed in this communication.
