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This Terms of Service Agreement (this “Agreement”) sets forth the terms and conditions that apply to your access and use of the online functions, products, and educational services (hereinafter referred to as “Service” or “Services) made available to you (hereinafter referred to as “You” or “Your” or “User”) by Lacey A. Horn CPA PLLC (hereinafter referred to as “HORN CPA” or “Company” or “We”).
Your acceptance of this Terms of Service Agreement is required to obtain any product or services offered by HORN CPA. By using this site to obtain any product or service offered by HORN CPA, you agree to be bound by this Terms of Service Agreement just as if you have signed the document with pen and ink.
If you do not wish to be bound by this Terms of Service Agreement, then do not access, or use the website or mobile application, do not click “accept” to register with HORN CPA and do not submit any account application or other product request. Taking any of these actions means you agree to this Terms of Service Agreement just as if you had signed it with pen and paper and you agree all communication with you related to HORN CPA and any HORN CPA product or service may be in electronic form.
The Service is meant for those at least (18) years of age. You may only accept this Agreement and use the products and services if you are legally authorized to accept and be bound by these terms and of a legal age to enter this Agreement.
Updates to Terms of Service; Integration.
Additional Product or Account Agreements. To obtain certain HORN CPA products and services you might be required to enter into additional agreements with HORN CPA. For example, using HORN CPA group or individual programs may require you to enter an additional customer agreement. You will be subject to this Terms of Service Agreement and any other account agreements you enter with HORN CPA. Certain materials provided to you are subject to terms and conditions listed as “Legal Notices”. Any such terms and conditions shall be deemed to be a part of this Agreement and are hereby incorporated into this Agreement by reference.
1.01. “Services” means a Cryptocurrency Educational Program (the “Program”) which is a one-time program. Services to be provided in this program may include but are not limited to: Quick Start Video; Terminology Listing; Asset Allocation Calculator; Group Webinars; and Additional Bonuses as considered necessary by the HORN CPA, together with such other services as agreed from time to time and purchased by you through the Website.
A description of the Services together with the dates on which the Services will
begin are available on the website. We will provide the Services with reasonable care in accordance with the description set out on the site.
We reserve the right to vary or withdraw any of the Services described on the site without notice.
We expect you to confirm that the Services you are purchasing will meet your needs.
We do not make any guarantee to you that you will obtain a particular result from your purchase and completion of any of the Services.
2.01. You acknowledge that all the intellectual property rights in the Service, including, but not limited to, copyrights, patents, trademarks, and trade secrets, the website design, application design, graphics, text, sounds, pictures, service marks, trade names, domain names, slogans, logos, other files and the selection and arrangement thereof, and other indicia of origin that appear on or in connection with any aspect of the Service (collectively the “Materials”) are either the property of the Company, its affiliates or licensors and are subject to and protected by United States and international copyright and other intellectual property laws and rights. All rights to Materials not expressly granted in these Terms of Service are reserved to their respective copyright owners.
2.02. Subject to these Terms, the Company grants you a limited non-transferable, non-exclusive, revocable, non-sublicensable license to use and access the Service solely for your own personal or internal business purposes. You will not obtain any ownership interest therein through this Terms of Service or otherwise.
2.03. Company authorizes you to view, download and/or print the Materials provided that you keep intact all copyright and other proprietary notices contained in the original Materials. Except as expressly authorized by the Terms of Service, you may not copy, reproduce, distribute, republish, perform, display, post, transmit, scrape, copy, exploit, create derivative works or otherwise use any of the Materials in any form or by any means, without the prior written authorization of Company or the respective copyright owner. In the absence of a written agreement, you may not modify or adapt the Materials in any way or otherwise use them for any public or commercial resale purposes.
2.04. The Company retains the right to rescind and terminate the limited license granted hereunder at any point, for any reason. The Company reserves the right to enforce its intellectual property rights fully under United States and international law.
2.05. Some of the company and product names, logos, brands, and other trademarks featured or referred to within the Service may not be owned by us and are the property of their respective trademark holders. These trademark holders are not affiliated with, nor do they sponsor or endorse the Service.
CONFIDENTIAL INFORMATION, NON-DISCLOSURE.
3.01. You acknowledge and agree that as part of the Service, Company information has been or may be made available to You including, without limitation, information relating in any way to any products, services, methods, computer/software or any other similar or related matters or items developed, enhanced or modified by the Company (hereinafter referred to as the “Confidential Information”).
3.02. You agree that the Confidential Information: a) is the sole and exclusive property of the Company; b) is absolutely confidential to the Company; and c) except as expressly permitted in writing by the Company, may not be disseminated, or disclosed to others. During your use of the Platform, and in the event of the termination of your access, whether voluntary or involuntary, you agree not to use, disclose, transfer or exploit the Confidential Information at any time and in any manner whatsoever for a period of five (5) years, except to the extent that the Company has disclosed information to User that constitutes a trade secret under law, the User shall protect that trade secret for as long as the information qualifies as a trade secret.
3.03. The obligations and restrictions in this Section do not apply to that part of the Confidential Information the User demonstrates; a) was or becomes generally publicly available other than as a result of a disclosure by User in violation of this agreement; b) is requested or legally compelled (by oral questions, interrogatories, requests for information or documents, subpoena, civil or criminal investigative demand, or similar processes), or is required by a regulatory body, to be disclosed. In such an event, User shall; a) provide the Company with prompt notice of these requests or requirements before making a disclosure so that the Company may seek an appropriate protective order or other appropriate remedy; b) provide reasonable assistance to the Company in obtaining a protective order.
3.04. User hereby acknowledges and agrees that the Company's remedy at law for any breach of any of User's obligations under this section would be inadequate, and User agrees and consents that temporary and permanent injunctive relief may be granted in any proceeding which may be brought to enforce any provision of this section, without the necessity of proof of actual damages, it being acknowledged by User that any such breach would cause irreparable injury to the Company.
3.05. No Warranties. All confidential information is provided “as is” and Company makes no warranties, express, implied, or otherwise, regarding its accuracy, completeness, or performance or fitness for any purpose.
3.06. Your Conduct. As a condition of your use of HORN CPA services, you warrant to HORN CPA that you will not use the services for any purpose that is unlawful or prohibited by this User Agreement. You may not use HORN CPA services in any manner that could damage, impair, disparage, disable or overburden HORN CPA or in any way interfere with HORN CPA or any other user’s use and enjoyment of the services, or otherwise infringe on any person’s rights. You agree to comply with the terms and conditions applicable to any services, products, or content accessed by you through HORN CPA.
BY ACCEPTING THE TERMS OF THIS USER AGREEMENT, YOU HEREBY AGREE THAT YOU ARE USING HORN CPA SOLELY FOR YOUR INDIVIDUAL PURPOSES AND HEREBY STATE THAT YOU ARE NOT CURRENTLY EMPLOYED BY OR OTHERWISE HAVE ANY RELATIONSHIP WITH ANY ENTITY THAT MAY BE COMPETITIVE TO HORN CPA OR IS OTHERWISE ENGAGED IN THE BUSINESS OF PROVIDING CRYPTOCURRENCY RELATED EDUCATION.
TERM AND TERMINATION.
4.01. Term. The Agreement shall commence as of the date that you accept the Agreement by creating an Account or (if earlier) by otherwise purchasing or making use of the Product or the Services and shall continue until terminated as set forth herein.
4.02. Termination by You. You may terminate this Agreement at any time by closing your Account and ceasing all subsequent use of the Product and the Services.
4.03. Termination by HORN CPA. The Agreement shall be terminated without notice effective upon Your breach of its terms. HORN CPA may terminate this Agreement at any time by closing Your Account; by otherwise disabling your access to the Product or the Services; or by attempting to provide you with notice of termination.
4.04. Effect of Termination. Upon the termination of the Agreement, you shall cease all subsequent use of the Product and the Services and shall delete or destroy any copies you have made of HORN CPA Content. If the Agreement was terminated by you without breach, then You may re-accept the Agreement at a later time and create a new Account. If the Agreement was terminated by HORN CPA, then you shall not attempt to circumvent termination by creating a separate Account using different identifying information.
5.01. Disclaimer. HORN CPA’S services are not legal, tax, accounting, investment advisory, or financial advisory services. Services do not constitute an audit, review or any other attestation service. These services will not result in the issuance of a written communication to third parties regarding financial data, internal controls, expressing an opinion or conclusion or obtaining or providing any form of assurance. Services provided herein does not constitute an investment recommendation. You are solely responsible for analyzing risk factors and implementation of any financial decisions made at Your sole discretion. HORN CPA shall not be liable or held liable for any consequences resulting from the investment actions or inactions of the User. Neither HORN CPA nor any of its representatives or agents are providing legal, tax, accounting, financial, or investment advice with respect to the Services regarding any transactions contemplated by the securities laws of any jurisdiction.
5.02. Advertisements and Promotions. The Services provided may contain promotions for products and services of third parties, including companies that may pay marketing and/or affiliate fees to the Company. The Company’s promotion of such third-parties does not imply endorsement or adoption of their services or products. Company disclaims any liability for any third-party information or products offered.
5.03. Force Majeure. Neither Party shall be liable hereunder for any failure or delay in the performance of its obligations under this Agreement, except for the payment of money, if such failure or delay is on account of causes beyond its control, including labor disputes, civil commotion, pandemics, war, fires, floods, inclement weather, governmental regulations or controls, casualty, government authority, strikes, or acts of God, in which event the non-performing Party shall be excused from its obligations for the period of the delay and for a reasonable time thereafter. The party whose performance is being adversely affected shall (i) promptly notify the other of the nature of the Force Majeure and the obligations adversely affected thereby; (ii) make all reasonable efforts to resume performance as soon as is reasonably possible and mitigate the adverse effects of the Force Majeure. If the Force Majeure causes a delay of sixty (60) or more days from the original date of performance, the other party shall have the right to terminate this Agreement or the applicable Ordering Product.
5.04. Entire Agreement. The User Agreement governs your use of HORN CPA services and constitutes the entire agreement between You and HORN CPA. It supersedes any prior agreements between You and HORN CPA. Additional terms and conditions may apply when using certain services provided by HORN CPA. These additional terms will not reduce, diminish, or eliminate any rights HORN CPA possesses with respect to this User Agreement.
5.05. Relationship of the Parties. Nothing contained in this Agreement shall be deemed to create an employer/employee, client/consultant, principal/agent, partnership, or joint venturerelationship between the Parties. Nothing in the Agreement is intended to or shall operate to create a partnership between the parties, or authorize either party to act as agent for the other, and neither party shall have the authority to act in the name or on behalf of or otherwise, to bind the other in any way (including, but not limited to, the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).
5.06. Waiver. No waiver of any term or right in this Agreement shall be effective unless in writing, signed by an authorized representative of the waiving Party. The failure of either Party to enforce any provision of this Agreement shall not be construed as a waiver or modification of such provision, or impairment of its right to enforce such provision or any other provision of this Agreement thereafter. The rights and remedies of the Parties herein provided shall be cumulative and not exclusive of any rights or remedies provided by law or equity.
5.07. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument, without necessity of production of the others.
5.08. Interpretation. The paragraph headings of this Agreement are inserted for convenience only and shall not constitute a part of this Agreement in construing or interpreting any provision hereof. Whenever the context requires, words used in the singular shall be construed to include the plural and vice versa, and pronouns of any gender shall be deemed to include and designate the masculine, feminine or neuter gender.
5.09. Reasonable Efforts. Each Party shall use all reasonable efforts to take, or cause to be taken, all actions necessary or desirable to consummate and make effective the transactions this agreement contemplates or to evidence or carry out the intent and purposes of this agreement.
5.10 Own Risk. You acknowledges and agree the HORN CPA expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a purpose and non-infringement. Without limiting the generality of the foregoing, HORN CPA makes no warranty that: (i) the Service will meet your requirements; (ii) the Service will be uninterrupted, timely, secure, or error-free; (iii) information that may be obtained via the Service will be accurate or reliable; and/or (iv) the quality of any and all products, services, information or other materials, including all merchandise, products, goods or services, obtained or purchased by you directly or indirectly from HORN CPA will meet your expectations or needs.
DISPUTE RESOLUTION ARBITRATION
6.01. Non-binding Mediation. The parties agree to use their best efforts to settle promptly any disputes or claims arising out of or relating to this Agreement. The parties agree that any dispute that arises under or with respect to this agreement shall in the first instance be the subject of non-binding mediation.
A request for mediation shall be made in writing, delivered to the other party to this Agreement. The request shall be made in advance of and as a condition precedent to arbitration or litigation. The parties shall propose and agree upon a neutral and otherwise qualified mediator and share the mediator’s fee and any filing fees equally. The mediation shall be held at the Company’s office unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. All negotiations will be confidential and shall be treated as compromise and settlement negotiations for purposes of all rules of evidence. If the mediation process has not resolved the Dispute within sixty (60) days of the submission of the matter to mediation, or such longer time as the parties may agree, the mediation process shall cease. The decision to continue mediation shall be in the sole discretion of each Party.
6.02. Any dispute, controversy or claim arising out of or related in any way to this Agreement, or any Services performed hereunder which cannot be amicably resolved by the Parties by either informal negotiations or non-binding mediation, shall be solely and finally settled by arbitration administered by the American Arbitration Association in accordance with its commercial arbitration rules. The arbitration shall be conducted before a tribunal composed of three neutral arbitrators each of whom shall sign an oath agreeing to be bound by the code of ethics for arbitrators in commercial disputes promulgated by the AAA for neutral arbitrator. Each Party shall appoint an arbitrator who will in turn choose a third arbitrator. Arbitration shall take place in or near Sequoyah County, Oklahoma, except that the meeting of the Parties and the arbitration tribunal may be conducted virtually in accordance with the instructions of the tribunal. The decision of the tribunal shall be in writing with written findings of fact and shall be final and binding on the parties. This Arbitration section provides the sole recourse for the settlement of any disputes arising out of, in connection with, or related to this Agreement, except as may be otherwise stated herein.
6.03. Applicable Law and Jurisdiction. These Terms shall be governed by the laws of the State of Oklahoma without reference to conflict of law principles. The parties agree that the venue for any matter arising out of or pertaining to enforcement of an arbitration decision or other matter not related to arbitration, as related to these Terms shall be held in the state and federal courts located in Sequoyah County, Oklahoma. Any controversy, claim, suit, injury or damage shall be heard on an individual basis and shall not be consolidated with any controversy, claim, suit, injury or damage of any other party.
IN ANY CLAIM, ACTION OR PROCEEDING TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THE TERMS OF SERVICE INCLUDING, WITHOUT LIMITATION, RELATING TO YOUR USE OF THE SERVICE, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.
6.04. Fees. In the event that any dispute between the parties should result in litigation or arbitration, the prevailing party in such dispute shall be entitled to recover from the other party all reasonable fees, costs and expenses of enforcing any right of the Prevailing Party, including without limitation, reasonable attorneys' fees and expenses, all of which shall be deemed to have accrued upon the commencement of such action and shall be paid whether or not such action is prosecuted to judgment. Any judgment or order entered in such action shall contain a specific provision providing for the recovery of attorney fees and costs incurred in enforcing such judgment and an award of prejudgment interest from the date of the breach at the maximum rate allowed by law. For the purposes of this Section: (a) attorney fees shall include, without limitation, fees incurred in the following: (1) post judgment motions, (2) contempt proceedings, (3) garnishment, levy, and debtor and third party examinations, (4) discovery, and (5) bankruptcy litigation; and (b) “Prevailing Party” shall mean the party who is determined in the proceeding to have prevailed or who prevails by dismissal, default or otherwise.
7.01. Compensation. In consideration of the Services to be provided by Company to You, You shall pay to Company the one-time or subscription fees agreed upon at check-out. By completing and signing the application below, you authorize the Company and/or the Site to charge your credit card or debit card, or cash your check, as indicated above, as payment for your membership in the Program in the full amount of the applicable fee. Furthermore, you agree that if you are accepted into the Program, you are responsible for full payment of fees for the entire course of the Program, regardless of whether or not you actually attend or complete the Program. To further clarify, no refunds will be issued.
7.02. By purchasing any service made available through the Site (each such purchase, a “Transaction”), you may be asked to supply certain information relevant to your Transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant Us the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws in regard to the receipt, possession, use, and sale of any item purchased from this Site. By placing an order, you represent that the products ordered will be used only in a lawful manner. We reserve the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product or service; (ii) bar any User from making or completing any or all Transaction(s); and (iii) refuse to provide any User with any product or service. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred, including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.
8.01. You agree to indemnify, defend and hold harmless the Company, its parents, subsidiaries and other affiliated companies, and their respective officers, directors, employees, agents and other representatives (collectively, the “Company Parties”) against all claims, demands, causes of action, losses, expenses, damages and costs (including any reasonable attorneys’ fees), resulting or arising from or relating to your use of the Service, any activity related to your account by you or any other person permitted by you, any Content that you submit to, post on or transmit through the Service, your breach of this Terms of Service, your infringement or violation of any rights of another, or termination of your access to the Service. We reserve the right to assume, at our sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with us in the defense of any such claim, action, settlement or compromise negotiations, as requested by us.
You hereby release and forever discharge the Company Parties from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Service, including any interactions with, or act or omission of, other Service Users or any Third-Party sites, including but not limited to: (i) your use of the Service, (ii) any activity related to your accounts by you or any other person, (iii) your violation of this Terms; (iv) your infringement or violation of any rights of another, (v) your violation of applicable laws or regulations, or (vi) your User Content.
Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Company. Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
(i) This Terms of Service constitute the entire agreement between Company and each User of the Service with respect to the subject matter of these Terms of Service.
(ii) If any provision of these Terms of Service shall be deemed unlawful, void or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions will not be affected.
(iii) The failure of the Company Parties to insist upon strict adherence to any term of these Terms of Service shall not constitute a waiver of such term and shall not be considered a waiver or limit that party’s right thereafter to insist upon strict adherence to that term or any other term contained in these Terms of Service. You may not assign your obligations or rights hereunder to another entity or individual. We may transfer, assign or delegate these Terms of Service and its rights and obligations without your consent.
(iv) We shall have no liability to you hereunder if we are prevented from or delayed in performing our obligations, or from carrying on our business, by acts, events, omissions or accidents beyond our reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of us or any other party), failure of a utility service or transport or telecommunications network, act of God, pandemic, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood or storm.
(v) No agency, partnership, joint venture, or employment is created as a result of these Terms of Service and you do not have any authority of any kind to bind us in any respect whatsoever.
Customer Service. If you have any comments or questions regarding these Terms of Service or wish to report any violation of these Terms of Service, you may contact us at email@example.com.
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Lacey A. Horn is a visionary creator, thought leader, and financial expert. Lacey is your guide in demystifying crypto and empowering you to create a plan for financial sovereignty. She is the Chairwoman of the Native American Rights Fund and a Trustee of the Smithsonian National Museum of the American Indian. She has previously served on prestigious advisory committees including the U.S. Treasury Tribal Advisory Committee. Lacey has received numerous awards and
recognitions for her career successes.