Terms of Use

Terms of Use These Terms of Use were last updated on June 1, 2021. This site (together with any mobile website, social media site, software, email exchanges, mobile apps, and other online services on which these Terms of Use are posted, including but not limited to any services, features, pages, and functions contained or offered therein, and any transactions, orders, sales, purchases, or acquisitions of goods, products, or services, which are all hereinafter collectively referred to as the "Website") is operated by Schellman Compliance, LLC ("we," "us," or "Schellman").

Your use of the Website is governed by these Terms of Use, regardless of how you access the Website (including through the Internet, through a mobile network, or in any other manner). By using this Website, you are agreeing to these Terms of Use. If you do not agree to these Terms of Use, then you are not allowed to use this Website. These Terms of Use are written in the English language. We do not guarantee the accuracy of any translated versions of these Terms of Use. To the extent any translated versions of these Terms of Use conflict with the English language version, the English language version of these Terms of Use shall control.

Acceptance of Terms; Requirements of Use

By using this Website and submitting data or information via this Website, you agree to follow any additional guidelines or rules posted on this Website. We may make changes to these Terms of Use from time to time, and it is your responsibility to check these Terms of Use to determine when it was last updated.

You represent that you have reached the age of legal age to enter into these Terms of Use in the jurisdiction where you reside, and if you are not that you have obtained parental consent. If you are under the age of eighteen you are not permitted to use this Website. You represent that you are not using this Website from a country subject to embargo by the U.S. Government or that has been designated as “terrorist supporting” by the U.S. Government.

Your use of this Website must comply with all applicable laws, rules, and regulations. You agree that you will not use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine," or in any way gather content from this Website or reproduce or circumvent the navigational structure or presentation of the Website without our express prior written consent. Notwithstanding the foregoing, we grant the operators of public online search engines limited permission to use search retrieval applications to reproduce materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of such materials solely in connection with each operator’s public online search service. We reserve the right to revoke these exceptions either generally or in specific instances.

We may monitor your use of this Website from time to time but have no obligation to do so. Any monitoring we may conduct will be done so in accordance with applicable law. We may use your Personal Information or data collected during your use of this Website in accordance with our Privacy Policy. These Terms of Use, as amended from time to time, and including the Privacy Policy, constitutes the entire agreement between us and you with respect to your use of this Website.

We may, in our sole discretion and at any time without notice to you, terminate, suspend, or restrict your use of the Website for any reason, including your failure to comply with such rules as listed in this section.

Informational Purposes Only

This Website offers a range of content and features containing information for general guidance only. While every effort has been made to offer current and accurate information, this Website may contain references to certain laws and regulations which may have changed over time and may contain inaccurate information. Before making any decisions based off information found on this Website, you should contact one of our professionals at inquiry@schellman.com.

Intellectual Property

Unless noted otherwise, this Website and its contents are protected by copyright, trademark, and other laws of the United States. We reserve all rights not expressly granted in these Terms of Use. No part of the materials on this Website, including but not limited to the text, graphics and html code, may be reproduced or transmitted in any form, or by any means without our written permission.

Any downloadable information you may access and use on this Website must be used as they appear for your own personal use, educational advancement, or professional development. Any materials that you download for your own use must maintain all copyright or other notices. We expressly prohibit any redistribution, retransmission, commercial exploitation, linking, or other uses without our express written consent.

Certain portions of this Website, such as the blog, may allow you to “share” a page or link via social media such as LinkedIn®, Twitter, Google Plus, or Facebook. In such instances, we reserve all rights to the contents of any such linked page.

“Schellman”, “Schellman Compliance, LLC”, the Schellman logo, “AuditSource,” and certain product names that appear on this Website (collectively, the “Schellman Marks”), are trademarks or registered trademarks of Schellman.

Disclaimers and Limitations of Liability; Indemnity

THIS WEBSITE (INCLUDING, WTHOUT LIMITATION, ANY CONTENT OR OTHER PART THEREOF) IS FOR INFORMATIONAL PURPOSES ONLY. WE MAKE NO REPRESENTATION OR WARRANTIES WITH RESPECT TO THE FUNCTIONALITY OR AVAIALABILITY OF THIS WEBSITE. THIS WEBSITE IS MADE AVAILABLE ON AN “AS-IS” BASIS AND WE MAKE NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING IT. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT CONTAINED ON THIS WEBSITE. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THIS WEBSITE WILL BE ERROR-FREE, SECURE, FREE FROM VIRUSES, OR FREE FROM MALICIOUS CODE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL LIABILITY AND SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS OR REVENUES, GOODWILL, WORK STOPPAGE, SECURITY BREACHES, VIRUSES, COMPUTER FAILURE OR MALFUNCTION, USE, DATA OR OTHER INTANGIBLE LOSSES OR COMMERCIAL DAMAGES, EVEN IF ANY OF SUCH PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH LOSSES, ARISING UNDER OR IN CONNECTION WITH THESE TERMS, THE SITE, THE USE OF OR INABILITY TO USE THE SAME, OR ANY OTHER SUBJECT MATTER HEREOF.

You agree, to the maximum extent permitted by applicable law, to defend, indemnify, and hold us and our insurers and affiliates harmless from and against any and all losses, damages, liabilities, costs (including reasonable attorneys’ fees) and expenses in connection with any claim arising out of or in connection with your use of this Website or your violation of these Terms of Use.

Agreement to Arbitrate All Claims on Individualized Basis

You and Schellman agree that any and all disputes or claims that have arisen or may arise between you and Schellman that relate in any way to your use or access of the Website, the actions of Schellman or its agents, or any products or services sold, offered, or purchased shall be resolved through confidential, final and binding arbitration rather than in court, with the exception of any dispute relating to the enforcement or validity of Schellman’s intellectual property rights. The Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of this Agreement to Arbitrate.

UNLESS YOU AND SCHELLMAN AGREE OTHERWISE, EACH OF YOU MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE ACTION OR PRIVATE ATTORNEY GENERAL PROCEEDING. ALSO, TO THE EXTENT AVAILABLE BY LAW, AND SUBJECT TO THE DAMAGE LIMITATIONS DISCUSSED HEREIN, THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR, AND FOR THE BENEFIT OF, THE INDIVIDUAL PARTY SEEKING RELIEF. If a court decides that any part of this agreement to arbitrate is invalid or unenforceable, the other parts of this Section shall still apply. Specifically, if a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim or a particular request for a remedy (such as a request for public injunctive relief), then that claim or that remedy request (and only that claim or that remedy request) may be severed from the arbitration and may be brought in court, subject to your and Schellman’s right to appeal the court’s decision. All other claims shall be arbitrated.

The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this Section. The AAA’s rules are available at www.adr.org. A form for initiating arbitration proceedings is available on the AAA’s website at https://www.adr.org.

The arbitration shall be held in Hillsborough County, Florida, or at another mutually agreed location.

The arbitrator’s award shall be confidential, final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules.

Applicable Law

You agree that the laws of the State of Florida, without regard to principles of conflict of laws, will govern these Terms of Use and any claim or dispute that has arisen or may arise between you and Schellman, except as otherwise stated in these Terms. Where arbitration does not apply, you consent to submit to the exclusive jurisdiction of the federal and state courts located in Hillsborough County, Florida, USA, and waive any jurisdictional, venue, or inconvenient forum objections thereto. You understand that the Websites are directed only to residents of the United States.

Claims and Disputes Must Be Filed Within One Year & Waiver.

To the extent permitted by law, and without limiting the effect of any disclaimer contained herein, any cause of action or claim you may have with respect to your use of the Websites, including, without limitation, any Website related product, services, or other content must be commenced within one (1) year after the claim or cause of action arises. This section applies to you and your heirs, successors and assigns.

Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

We may at any time assign our rights and obligations under these Terms of Use, in whole or in part, without notice to you. You may not assign your rights or obligations under these Terms of Use without our prior written consent. We may make changes to these Terms of Use from time to time, and it is your responsibility to check these Terms of Use to determine when it was last updated.