Terms & Conditions

DISCLAIMER

In the preparation of this site, every effort has been made to offer the most current, correct, and clearly expressed information possible. Nonetheless, inadvertent errors can occur, and applicable laws, rules, and regulations often change.

Copyright ©2012 Russell, Thompson, Butler & Houston, LLP (“RTBH”). All rights reserved.  No part of the text or graphics on this site may be reproduced or transmitted in any form or by any means, electronic or mechanical, including by photocopying, facsimile transmission, recording, rekeying, or using any information storage and retrieval system, without permission in writing from RTBH.

Certain links on this site lead to resources located on servers maintained by third parties over whom RTBH. Has no control. As such, RTBH makes no representation as to the accuracy or any other aspect of the information contained on such servers.

Portal End User License Agreement

IMPORTANT READ CAREFULLY: Welcome to the Russell, Thompson, Butler & Houston, LLP (“RTBH”) Portal (the  “RTBH Portal”  or the “Portal”), By clicking  the “Yes” button, the user (“You”)  agree(s)  to be bound by the terms  and conditions  contained in this  agreement (the  “Agreement”)  and the terms  and conditions  of RTBH’s privacy  notice, which are published here and which are incorporated herein by reference. The privacy notice explains how RTBH treats your personal information, and protects your privacy, when you use the RTBH Portal.    RTBH may change the terms of this Agreement  and/or the privacy  notice from time to time  without  notice to you, and you are responsible  for the then current  version  of the policies in effect at all times.   If you do not agree to be bound by these terms and conditions or privacy notice policies, you may not use the RTBH Portal.

Modifications
You agree that we may modify this Agreement or any policy or other terms referenced in this Agreement at any time and at our sole discretion. By using the RTBH Portal, you agree to be bound by any such modifications and should therefore periodically visit this page and the RTBH Portal to determine the then current terms and conditions of use to which you are bound. You will note that at the bottom of this Agreement, the date of last modification is indicated. You are encouraged to check the revision date with each use to ensure you are comfortable with the latest revisions.   If you are dissatisfied with the RTBH Portal site, its content or this Agreement as it may be revised, you agree that your sole and exclusive remedy is to discontinue using the Portal.

Termination
You agree that RTBH may terminate this Agreement, for any reason at our sole discretion, at any time, without notice, and that RTBH reserves the right to change, suspend, or discontinue all or any aspects of the RTBH Portal, for any reason at our sole discretion, at any time, without notice.

User Restrictions
You agree that:

• You will not tamper with or otherwise interfere or attempt to interfere in any manner with the functionality or proper working of the Portal.
  You will not make illegal use of the Portal or use it for purposes which are illegal.
• You will not interfere with anyone else who is a user of the Portal in their use of the Portal.
• You will follow U.S. and international laws regarding transmitting data and you will not attempt to gain access to our computer system or any other computer systems.
• You will not remove, obscure, or alter any notice of any logo, trademark, or other intellectual property or proprietary right designation appearing on or contained within the portal.
• You will not access (or attempt to access) any product or services offered via the RTBH Portal by any means other than the interface that is provided by RTBH.
• You will not upload, post, transmit, or store any material that:
  • Is unlawful, offensive, defamatory, fraudulent, deceptive, misleading, harmful, threatening, harassing, obscene, or objectionable; breaches any of your contractual or confidentiality obligations; disrupts  or interferes  with the normal operations  of the Site, such as posting  or transmitting viruses, continuous  posting of repetitive materials, or posting and/or  uploading  abnormally large files or other data;  or is an advertisement or other  solicitation, including, but not limited to, any  unauthorized advertising materials, unsolicited  promotional materials, “junk  mail,”  “spam  mail,”  “chain  letters,” “pyramid schemes,” franchises, distributorships, club memberships, sales arrangements, or similar  materials;
• You will not violate other’s privacy rights or personal rights by abusing the Materials, including, but not limited to, harassing or “stalking” another person, sending unsolicited e-mails, or collecting other’s personal information;
• You will not breach or attempt to breach any security measures of the Site;
• You will not use any device, process, or mechanism (e.g., a spider or “bot”) to monitor, retrieve, search, or access the
  Site or any Material without our prior written consent;
• You will not access or attempt to access any account or login of any other user or third  party  listed on the Site; You will not copy, modify, reproduce, delete, distribute, download, store, transmit, sell, re-sell, publish, reverse
  Engineer, or create derivative works of any Materials;
• You will not post or submit any inaccurate, false, or incomplete information; you will not impersonate any person or entity;
• You will not forge any header information in any electronic posting or mail;
• You will not misrepresent yourself, your affiliation with any third party, or your entity;

Passwords
You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the RTBH Portal accordingly, you agree that you are solely responsible to RTBH for all activities that occur under your account.   If you become aware of any unauthorized use of your password on the RTBH Portal or your account, you agree to notify RTBH immediately atportaladmin@rtbh.com.

CCH Prosystem fx Master Software License Agreement
You are hereby notified  that  in connection  with providing access to you to the RTBH Portal and services related  thereto, RTBH has entered into a Software license Agreement  with CCH Incorporated, a Wolters Kluwer business  {“CCH”), a copy of which is located here. You hereby agree that you shall thoroughly and completely review  the terms of the CCH Software License Agreement, and that  you shall use commercially reasonable efforts  to ensure that  your use of the RTBH Portal will not cause or result  in any violation of you as “Client” or RTBH as “Customer” under the terms  of the CCH Software  License Agreement.

Monitoring
We reserve the right to log, review, and otherwise examine any information stored on or passing through our networks or systems.

Downtime and Service Suspensions
Your access to and use of the Services may be suspended for the duration  of any anticipated, unanticipated, scheduled or unscheduled downtime, maintenance, system  updates, malfunction,   or other unavailability of any portion or all of the Services for any reason, including  as a result  of power outages, system  failures  or other interruptions.

We shall also be entitled, without any liability to you, to suspend access to any portion or the entire Portal at any time, on a system-wide basis:
(a) for scheduled downtime  to permit  us to conduct maintenance  or make modifications to any Portal; (b)  in the event of a denial of service attack  or other attack  on the Portal or other  event that  we determine, in our sole discretion, may create a risk to the applicable Portal, to you or to any of our other customers  if the Portal service were not suspended; or (c) in the event that  we determine  that any Portal service is prohibited by law or we otherwise  determine that  it is necessary or prudent  to do so for legal or regulatory reasons.

Rights to Use of RTBH Portal
RTBH grants you a personal, non-assignable and non-exclusive license to use the RTBH Portal as part of the services being provided to you by RTBH.  This license is for the sole purpose of enabling you to use and enjoy the benefit of the RTBH Portal and services, in the manner permitted by these terms and conditions. You may not, and you may not permit anyone else to, copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the RTBH Portal or any part thereof. Except as expressly provided  herein, unless RTBH has given  you specific written  permission to do so, you may not assign (or grant a sub-license  of) your rights  to use the RTBH Portal, grant  a security  interest in or over your rights  to use the RTBH Portal, or otherwise  transfer  any part  of your rights  to use the RTBH Portal.   Notwithstanding the foregoing, you are granted limited administrative rights  to provide  access to the RTBH Portal in your reasonable  discretion  to those parties  who would reasonably  need to access information located  on the RTBH Portal, or who could upload information and documents  (such as tax documents  and other financial papers) onto the RTBH Portal for you to access, that  would assist you
In utilizing the services provided by the RTBH Portal in the ordinary course.

Intellectual Property
The content  on the RTBH Portal including  without limitation, the text,  software, scripts, graphics, photos, sounds, videos, interactive features and the like (“Content”) and the trademarks, service marks  and logos contained  therein  (“Marks”), are owned by or licensed to RTBH, subject to copyright and other intellectual property rights  under United States and foreign laws and international conventions. Content  on the RTBH Portal is provided  to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise  exploited  for any other  purposes whatsoever  without  the prior  written  consent of the respective  owners. RTBH reserves all rights not expressly granted in and to the RTBH Portal and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, if you download or print a copy of the Content for personal use, you must retain all Copyright and other proprietary notices contained therein.  You agree not to circumvent, disable or otherwise

Interfere with security-related features of the RTBH Portal or features that prevent or restrict use or copying of any Content or enforce
Limitations on use of the RTBH Portal or the Content therein.

Copyright and Trademark policies
It is RTBH’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law
(Including, without limitation, in the United States, the Digital Millennium Copyright Act) and to terminating the accounts of repeat infringers.

Other Content
The RTBH Portal may include hyperlinks to other web sites or content or resources that are not owned or controlled by RTBH.  RTBH has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or resources which are provided by companies or persons other than RTBH. You acknowledge  and agree that RTBH is not responsible  for the availability of any such external  sites or resources, and does not endorse any advertising, products, or other  materials on or available  from such web sites or resources.  You acknowledge and agree that RTBH is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products, or other materials on, or available from, such web sites or resources.     We encourage you to be aware when you leave the RTBH Portal and to read the terms and conditions and privacy policy of each other website that you visit.

Disclaimer
YOU ACKNOWLEDGE AND ACCEPT THAT: (I) YOU ASSUME ALL RISKS RELATED TO OR RESULTING FROM YOUR USAGE, VIEWING, OR ACCESS OF THE SITE AND ITS MATERIALS. THE SITE AND ITS MATERIALS ARE PROVIDED ON A 1’AS IS” AND AN ”AS AVAILABLE” BASIS. (II) WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE. (III) WE EXPRESSLY DISCLAIM ALL WARRANTIES (A) THAT THE SITE AND ITS MATERIALS WILL BE ERROR-FREE OR VIRUS-FREE; (B) THAT THE SITE WILL BE UNINTERRUPTED AND SECURE; (C) THAT THE SITE WILL MEET YOUR REQUIREMENTS; AND (D) REGARDING THE RELIABILITY, ACCURACY, COMPLETENESS, VALIDITY, TIMELINESS OR TRUTHFULNESS OF ANY SUBMITTED INFORMATION. ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED IS DONE SO AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE  FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS.

Liability and Limitations of Liability
YOU UNDERSTAND AND AGREE THAT THE SITE AND ITS MATERIALS ARE NOT A SUBSTITUTE FOR PROFESSIONAL ADVICE. YOU UNDERSTAND AND AGREE THAT SOME LAWS, REGULATIONS, GUIDELINES AND OTHER MATTERS ADDRESSED IN THE SITE AND ITS MATERIALS  ARE SUBJECT TO INTERPRETATION AND THAT YOU SHALL BE SOLELY RESPONSIBLE FOR, AND WAIVE ANY CLAIM AGAINST US, OUR PARENTS, AND SUBSIDIARIES, AND THEIR RESPECTIVE AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES FOR ANY LOSS, DAMAGE AND EXPENSE OR CLAIM THEREOF) RESULTING FROM YOUR USE OF THE SITE AND ITS MATERIALS. YOU AGREE THAT THE AVAILABILITY OF THE SITE AND ITS MATERIALS SHALL NOT BE CONSTRUED AS THE RENDERING OF ANY TAX, LEGAL, ATTEST, ACCOUNTING, AUDITING OR OTHER PROFESSIONAL, SERVICES OR ADVICE.

YOU AGREE TO ASSUME ALL RISKS ASSOCIATED WITH, ARISING OUT OF, OR RESULTING FROM YOUR USE OF THE SITE,THE MATERIALS, OR ANY SUBMITTED  INFORMATION, INCLUDING, BUT NOT LIMITED TO, THE RISKS OF FINANCIAL LOSS, PHYSICAL HARM, PROPERTY DAMAGES, DEALING WITH OTHER USERS OF THE SITE, STRANGERS, MINORS, OR FOREIGN NATIONALS, AND PERSONS ACTING UNDER FALSE PRETENSE. YOU FURTHER AGREE TO RELEASE US, OUR PARENTS, AND AFFILIATES, AND THEIR RESPECTIVE AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES, HARMLESS FROM ALL CLAIMS, DEMANDS, DAMAGES (INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR DAMAGES FOR LOSS OF PROFITS, GOODWILL, REVENUE, DATA, OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN  AN ACTION IN CONTRACT, TORT, OR BREACH OR FAILURE OF WARRANTY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OF ANY KIND OR NATURE, KNOWN OR UNKNOWN, ASSOCIATED WITH, ARISING OUT OF, OR RESULTING FROM YOUR USAGE OF THE SITE, THE MATERIALS, ANY SUBMITTED INFORMATION, AND ANY TRANSACTIONS RELATED TO OR RESULTING FROM YOUR USE OF THE SITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETILEMENT WITH THE DEBTOR.”

NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU AGREE AND ACKNOWLEDGE THAT OUR AGGREGATE LIABILITY FOR ANY DAMAGES SHALL NOT EXCEED U.S. $10.

You agree to indemnify, defend, and hold us, our parents, and subsidiaries, and their respective affiliates, officers, directors, agents,
employees, harmless from any claims or demands of any third party, including, but not limited to, attorneys’ fees and legal fees, resulting from or arising out of your Use of the Site, your Use of the Materials, your Submitted Information, or your violation of any terms and conditions of this Notice.

Notices
All Notices by us to you shall be by email to the email address listed as the Portal Administrator. All notices by you to us shall be by email toportaladmin@rtbh.com or in writing to:
RTBH
Post Office Box 70106
Mobile, AL 36670

Entire Agreement
This Agreement constitutes the entire agreement between you and us regarding the subject matter hereof and supersedes any and all prior or contemporaneous representation, understanding, agreement, or communication between you and us, whether written or oral, regarding such subject matter.

Severability
If any portion of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the remaining portions of this Agreement will remain in full force and effect, and any invalid or unenforceable portions shall be construed in a manner that most closely reflects the effect and intent of the original language. If such construction is not possible, the provision will be severed from this Agreement, and the rest of the Agreement shall remain in full force and effect.

Waivers
The failure by us to enforce any provision of this Agreement shall in no way be construed to be a present or future waiver of such provision nor in any way affect our right to enforce such provision thereafter. All waivers by us must be in writing to be effective.

Successors and Assigns
This Agreement will be binding upon, and inure to the benefit of the parties and their respective successors and assigns.

Assignment
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by RTBH
without restriction.

Relationship
Nothing in this Agreement is intended to or does create any type of joint venture, creditor-debtor, escrow, partnership or any employer/employee or fiduciary or franchise relationship between you and us (or any of our Associates).

Governing Law
This Agreement  shall be construed  and enforced according to the laws of the State of Alabama applicable  to agreements  made and to be performed  wholly within  the State of Alabama,  You agree to submit  to the exclusive  jurisdiction of the courts located within  the State of Alabama, County of Mobile, to resolve any legal matter  arising from these terms and conditions.   Notwithstanding this, you agree that RTBH shall still be entitled to apply for any necessary injunctive remedies in any jurisdiction.

Termination
We shall have the right, in its sole discretion, to terminate any services of the Site and remove any Materials from the Site. We may also terminate your access to any part or all of the services provided by us on the Site at any time, with or without cause or notice, for any or no reason. We shall not be responsible for maintaining or returning your Submitted Information,

Last Revision Date

This Agreement was last revised on February 25, 2013

PRIVACY NOTICE

CPAs, like all providers of personal financial services, are now required by law to inform their clients of their policies regarding privacy of client information. CPAs have been and continue to be bound by professional standards of confidentiality that are even more stringent than those required by law. Therefore, we have always protected your right to privacy.

This privacy  notice outlines  the policies and practices  for Russell, Thompson, Butler & Houston, LLP (“RTBH”)  and any and all domain  names, web portals  and web sites owned and operated  by RTBH, including www.rtbh.com (collectively, the “RTBH Portal”).  The RTBH Portal may contain links to websites operated by third parties and we are not responsible for the privacy practices of those sites.

In order to use the RTBH Portal, you are required to review these policies.   By using the RTBH Portal or communicating with us by e mail, you agree to the terms and conditions of this privacy policy and to the terms of use of the RTBH Portal (set forth in the “Agreement”). By using the RTBH Portal or visiting  any web site owned or operated  by RTBH, you hereby  agree to be bound  by the terms and conditions  contained  in this Privacy Notice, and by the terms and conditions of RTBH’s end user license agreement  (“EULA”),  which is publishedhere and incorporated herein by reference.  The privacy notice explains how RTBH treats your personal information, and protects your privacy, when you use the RTBH Portal.    RTBH reserves the right to change the privacy notice and terms of the EULA at any time without notice, any changes to the privacy notice or EULA shall be posted in this page and shall be effective immediately upon posting. If you do not agree to be bound by these privacy notice policies and EULA, you may not use the RTBH Portal.

Types Of Nonpublic Personal Information We Collect

We collect nonpublic personal information about you from the following sources:

Information we receive from you on applications or other forms

Information about your transactions with us

Information we receive from others that you have sent to us

Our Web server automatically records the IP addresses of visitors to our site. This information is used in aggregate form to help us understand how visitors use the RTBH Portal the servers at the RTBH Portal web site also collect connection­ related technical data. The data entries in these logs are used for server and network operation and maintenance and to help us understand genera! Usage patterns. No personally identifiable information is collected unless you knowingly provide it.

Use of data collected
Nonpublic personal data about  you collected  may be used for editorial  and feedback purposes, marketing and promotional purposes, statistical analysis of users’ behavior, product  development, content  and layout improvement, and to inform  advertisers and business partners  as to how many visitors  have seen or clicked on their  advertisements, Information may also be made available  to contractors  as needed for maintenance of our systems 1 infrastructure.

 

Very truly yours,
RTBH

Last Revision Date
This Privacy Notice was last revised on February 25, 2013.