Special Interest Sections listserv disclaimer and policy

Aug 17, 2011
Using Section listservs 

Section members communicate via the section listserv, which allows members to send information to all members of the section at one time and receive information from other section members in their email. 

The Ohio Society of CPAs' special interest sections operate as "virtual communities" - allowing members to participate quickly and easily. 

The most efficient way to communicate with all other section members is through the section listserv. A listserv enables members to send one email message that is distributed to all members of the section. To send a message to a section listserv, simply use the email link included with every message you receive from the section listserv. By using this address, your message will be sent to all members of the section. ONLY MEMBERS OF THE SECTION CAN SEND AND RECEIVE MESSAGES VIA THE SECTION LISTSERV. You must send all section messages from the same email address where you receive messages to be recognized as a section member. 

Listserv disclaimer

Please note that only members of a section can access the listserv. Through the listserv, you can send a message to your fellow section members, ask a question, start a discussion or access archived messages. 

Before you send a message, please take a moment to review the following disclaimer from The Ohio Society. 

Disclaimer

The Ohio Society of CPAs' ("Society") Section listserves are provided as a member service, intended to provide useful information for members of the Society, special interest section members, their business associates and other interested persons. While the Society strives to present accurate and reliable information, the Society makes no warranties regarding the accuracy or correctness of the information provided herein and accepts no liability for damages of any kind resulting from reliance on the information provided on this service. No user may rely on any such information provided herein. Each user should confirm the information contained herein by reference to its source. Each user expressly waives any and all rights of action he or she may have against the Society arising out of use and/or reliance on the information on this service. As a condition of using the listserv, each Member agrees to the terms set forth below. 

1. USE OF THE LISTSERV

Member agrees, represents, and warrants that it shall use this listserv for lawful purposes only. Member agrees, represents, and warrants to the Society that, in connection with the use of this listserv, Member will not engage in any unlawful conduct or communication or otherwise engage in any conduct or communication prohibited by the terms of this Disclaimer. 

By way of illustration and not limitation, Member agrees, represents, and warrants to the Society as follows: 

Member shall not use the listserv in any manner that would violate or infringe upon the rights of others or would be unlawful, conspiring, threatening, abusive, harassing, fraudulent, libelous, defamatory, invasive of public or private rights, vulgar, obscene, indecent, or otherwise objectionable or encourages conduct that would constitute a criminal offense, give rise to a civil liability or violate any other law, including without limitation, state and federal antitrust laws. With respect to the antitrust laws, messages shall not be posted if they encourage or facilitate members to arrive at any agreement which either expressly or impliedly leads to price fixing, a boycott of another's business, or other conduct which is intended to illegally restrict free trade. By way of illustration, and not limitation, messages that discuss, encourage or facilitate an agreement about the following subjects are inappropriate and prohibited: prices, discounts, or terms or conditions of sale; salaries; profits, profit margins or cost data; market shares, sales territories, or markets; allocation of customers or territories; or selection, rejection or termination of customers or suppliers. 

Member shall not use the listserv in any manner which would violate or infringe upon any common law or statutory rights of any third party including, without limitation, any intellectual property rights (including, without limitation any copyright or trade secret rights) or any contractual rights; violate the right of privacy or publicity; or constitute the invasion or infringement of any other personal property right, of any third person, firm, corporation, or other entity. 

Member shall not upload files that contain viruses, corrupted files, or any other software, programs, or materials that may damage the operation of another's computer. Member further agrees that any material downloaded or otherwise obtained through the use of the listserv is done at Member's own discretion and risk and that Member will be solely responsible for any damage to Member's computer system or loss of data that results from the download of such material and/or data. 

2. PUBLIC COMMUNICATIONS 

Member acknowledges that the listserv is a public and not a private communications method. Member further authorizes and acknowledges that the Society may, but is not required to, monitor the Member's use of the listserv for any purpose. Member further acknowledges that the content of communications by Members through the listserv is not endorsed or approved by the Society. The Society reserves the right to remove, for any reason and without notice any contents of the communications received from Members, including, without limitation, bulletin board postings. 

3. INDEMNIFICATION

Member hereby agrees to indemnify and hold harmless the Society, its agents, employees, successors and assigns from and against any and all liability, actions, demands, losses, damages (including, without limitation, direct, indirect, actual, general, incidental, special, lost profits, or consequential), injuries, costs, expenses (including attorney fees and court costs), or claims of any and every kind whatsoever, paid, incurred, or suffered by, or asserted against, the Society, its agents, employees, successors, and assigns, arising out of, or associated in any manner with Member's violation of any term of this Disclaimer or Member's use or misuse of this listserv due to Member's inadvertence, negligence, gross negligence, recklessness, intentional actions, or any breach whatsoever of any term of this Disclaimer, and shall reimburse and fully pay the Society for any such loss and expenses. If requested by the Society, Member shall assume, without expense or cost to the Society, its agents, employees, successors, and assigns, the defense of any such claims or actions. 

4. DISCLAIMER OF WARRANTIES

MEMBER USES THE LISTSERVE AT HIS OWN RISK AND ACKNOWLEDGES THAT THE LISTSERVE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH NO REPRESENTATIONS OF ANY KIND BY THE SOCIETY THAT THE LISTSERVE WILL BE UNINTERRUPTED, TIMELY, SECURE, ACCURATE, OR RELIABLE. 

THE SOCIETY ALSO MAKES NO REPRESENTATION OR ENDORSEMENT WITH RESPECT TO ANY OTHER WEB SITE WHICH IS OPERATED BY THIRD PARTIES AND WHICH MAY BE ACCESSIBLE BY HYPERLINK THROUGH THE LISTSERVE AND IS NOT RESPONSIBLE FOR THE CONTENT OF SUCH OTHER WEB SITES. 

THE SOCIETY MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, AND NON-INFRINGEMENT, WITH RESPECT TO THE LISTSERVE, ITS USE, OPERATION, OR SUPPORT, OR IN ANY OTHER REGARD. 

5. LIMITATION OF LIABILITY 

UNDER NO CIRCUMSTANCES SHALL THE SOCIETY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, LOST PROFITS, OR CONSEQUENTIAL DAMAGES RELATING IN ANY MANNER TO THE LISTSERVE, INCLUDING WITHOUT LIMITATION ANY DAMAGES RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF MEMBER'S COMMUNICATIONS, OR OTHER MATERIALS, EVEN IF THE SOCIETY HAS BEEN ADVISED OF THE POTENTIAL FOR SUCH DAMAGES. 

6. INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights with respect to this listserv created by the Society, whether such rights are now existing or may hereafter come into existence, are reserved to the Society. Member has no right to make any copies of any portion of the listserv, combine any portion of the listserv with any other material or make derivative works thereof, in whole or in part, or to sell, transfer, assign, transmit, distribute, download, or otherwise convey any portion of the listserv or any derivatives thereof, permit anyone to use, alter, or modify in any way any portion of the listserv or any derivative works thereof. The Society retains any and all rights it may have or that may hereafter come into existence, to its know-how, development tools, navigational tools, techniques, practices, and creative procedures that the Society generally uses in the course of providing similar types of services to other Members. The Society also retains all rights it may have to any preexisting works, including but not limited to any proprietary software which the Society or third party used to prepare any deliverables for Member. 

7. SOFTWARE AVAILABLE THROUGH THE LISTSERV 

Software (if any) that is made available for downloading from the listserv ("Software") is the copyrighted work of the Society and/or its suppliers. Member's use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). Member may not install or use any Software that is accompanied by or includes a License Agreement unless Member first agrees to the License Agreement terms. For any Software not accompanied by a License Agreement, the Society hereby grants to Member, the user, a personal, nontransferable license to use the Software for viewing and otherwise using the listserv in accordance with these terms and conditions, and for no other purpose. All Software, including, without limitation, all HTML code and Active X controls contained in the listserv, is owned by the Society and/or its suppliers, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. 

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. 

Member acknowledges that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA. Member agrees not to export or re-export the Software, directly or indirectly, to any countries that are subject to USA export restrictions. 

8. NO OTHER RELATIONSHIP

Member agrees that no joint venture, partnership, employment or agency relationship exists between Member and the Society as a result of this Disclaimer or use of the listserv. 

9. MODIFICATION

The Society reserves the right to change, at any time, the terms and conditions pursuant to which the listserv is offered. 

10. TERMINATION; SURVIVAL

The Society, for no reason or any reason, including, without limitation, Member's violation of any provision of this Disclaimer, may immediately and without notice to Member terminate Member's ability to access and use the listserv. The terms of this Disclaimer shall survive the period during which Member has access to the listserv. 

11. GOVERNING LAW

This Disclaimer is governed by the laws of the State of Ohio. Member consents to the exclusive jurisdiction and venue of courts in Ohio in all disputes arising out of this Disclaimer or any other use of the listserv. A printed version of this Disclaimer shall be admissible in judicial or administrative proceedings regarding this Disclaimer to the same extent as other business documents and records originally generated and maintained in printed form. 

12. SEVERABILITY

If any provision of this Disclaimer or the application thereof to any person or circumstance shall be invalid, illegal or unenforceable to any extent, the remainder of this Disclaimer and the application thereof shall not be affected and shall be enforceable to the fullest extent permitted by law. 

13. ENTIRE AGREEMENT

This Disclaimer constitutes the entire agreement between Member and the Society concerning the subject matter hereof. The Society reserves the right to amend this Disclaimer at any time, without notice to Members, at its sole discretion. Any waiver of a term or provision of this Disclaimer shall be made in writing between the Society and a Member. By using the listserv and agreeing to the terms of this Disclaimer, Member understands that he/she is waiving any and all rights he/she might have against the Society and any of its officers, members or employees arising out of use of and/or reliance on the information provided through the listserv.

Listserv etiquette

The following suggestions will help make listserv messages valuable to all members of the section: 

  1. Do not send email address changes to the listserv address. Send any changes to Erin Lasch.
  2. Do not send jokes, chain letters or other information not directly related to the section topic.
  3. The listserv is not intended for commercial or sales messages.
  4. Information on fees charged, pricing of services and other information related to fees is prohibited by antitrust laws.
  5. Include a subject line of two to three words that describe your message content or question. This will make it easier for other members to respond, as well as make it easier for members when viewing the message archives.
  6. Include your name, email address, location, and any other relevant information you want to share with your fellow section members.
  7. You also have the option of responding to a message personally. However, if the information would be of benefit to all section members, you should post it to the entire listserv.

Section members are reminded that the opinions and advice circulated through the listserv are those of the person posting the message. Members are encouraged to conduct appropriate research to determine the accuracy of the information provided. 

Listserv policy 

Messages shall not be posted if they encourage or facilitate members to arrive at any agreement, which either expressly or impliedly leads to price fixing, a boycott of another's business, or other conduct that is intended to illegally restrict free trade. Messages that discuss, encourage or facilitate an agreement about the following subjects are inappropriate and prohibited: prices, discounts, or terms or conditions of sale; salaries; profits, profit margins or cost data; market shares, sales territories, or markets; allocation of customers or territories; or selection, rejection or termination of customers or suppliers. 

The Ohio Society of CPAs' listservs are provided as a member service, and intended to provide useful information for members of The Ohio Society of CPAs, their business associates and other interested persons. While The Ohio Society of CPAs strives to present accurate and reliable information, The Ohio Society of CPAs makes no warranties regarding the accuracy or correctness of the information provided herein and accepts no liability for damages of any kind resulting from reliance on the information provided on this service. No user may rely upon any such information provided herein. Each user should confirm the information contained herein by reference to its source. Each user expressly waives any and all rights of action he or she may have against The Ohio Society of CPAs arising out of use and/or reliance on the information on this service. 

I understand that by using the service I am waiving any and all rights I might have against The Ohio Society of CPAs and any of its officers, members or employees arising out of use of and/or reliance on the information on this service.