Your access to and the use of the Grassi & Co., CPAs, P.C. Website (“Grassi Website”) are subject to and conditioned upon the following terms and conditions, as well as all applicable laws.  By using the Grassi Website, you agree without limitation to be bound by the terms and conditions contained in this agreement (the “Agreement”) and the terms and conditions of the Grassi Privacy Policy, which can be located here, and are incorporated herein by reference. The Agreement and the Grassi Privacy Policy do not apply to any website outside of the Grassi Website or its affiliate websites.

Use of the Grassi Client Portal is governed by separate terms & conditions, which can be accessed by logging on.

Use of the Grassi Website
You agree to access and use the Grassi Website for lawful purposes only. You are solely responsible for the knowledge of and adherence to any and all laws, statues, rules, and regulations pertaining to your use of this website. By accessing the Grassi website, you agree that you will not engage in any of the following:

  1. Use the Grassi Website to commit a criminal offense, or to encourage others to conduct acts that would constitute a criminal offense or give rise to civil liability;
  2. Post (or transmit) any unlawful, threatening, libelous, harassing, defamatory, vulgar, obscene, pornographic, profane, or otherwise objectionable content;
  3. Use the web site to impersonate other parties or entities;
  4. Use the web site to upload any content that contains any malicious software, such as a virus, such as a Trojan Horse or any other computer codes, files, or programs that may alter, damage, or interrupt the daily function of the web site (or the hardware/software of any other person who may access the web site);
  5. Upload, post, e-mail, or otherwise transmit any materials, that you do have the right to transmit under any law or under any contractual relationship;
  6. Alter, damage, or delete any content posted on the web site;
  7. Attempt to gain access to any page, resource, setting, or information beyond that which was originally granted to you without prior written authorization from Grassi;
  8. Disrupt the normal operation of the Grassi Website or Grassi Client Portal in any way;
  9. Submit or post any inaccurate, false, or incomplete information;
  10. Share your login credentials or use the login credentials of another;
  11. Claim a relationship with or speak for any department, division, organization, unit, etc., with which you are not authorized to claim such a relationship;
  12. Post or transmit any unsolicited advertising, promotional materials, or other forms of solicitation;
  13. Breach or attempt to breach any of the security measures in place on the Grassi Website or Grassi Client Portal,
  14. You will not copy, modify, reproduce, delete, distribute, download, store, transmit, sell, re-sell, publish, reverse engineer, or create derivative works of the Grassi Website, Grassi Client Portal or any information that is accessible therefrom;
  15. Post any material that infringes (or violates) the academic/intellectual rights of Grassi or others; or
  16. Collect or store personal information about others.

The information presented on the Grassi Website Site is presented for informational purposes only, and should not be construed as legal, tax, accounting, or any other professional advice or service, and Grassi shall not be liable for any inaccuracies, errors, or omissions in the information presented therein. You should consult with a Grassi or other professional advisor familiar with your particular factual situation for advice concerning specific tax or other matters before making any decision. You should not send any confidential information to any member firm of Grassi until you have received agreement from the firm to perform the services you request.

All content and services provided through the Grassi Website are provided “as is”, with no guarantees of completeness, accuracy or timeliness, and without representations, warranties or other contractual terms of any kind, express or implied. Grassi does not represent or warrant that this Site, the various services provided through this Grassi Website, and/or any information, software or other material downloaded from this Grassi Website will be accurate, current, uninterrupted, error-free, omission-free or free of viruses or other harmful components.

The Grassi Website may contain links or embedded images, videos, text, or other information from other websites not under the ownership or control of Grassi (“External Content”). No link to or embedding of External Content on the Grassi Website is intended to represent an endorsement, comment, or opinion by Grassi. Grassi assumes no responsibility with respect to External Content, and you agree that Grassi shall not be liable for any damages associated with or resulting from External Content.

Limited Liability
Grassi shall not in any event be liable for any incidental, indirect, special, punitive, or consequential damages (including lost profits) that you or others may experience as a result of or relating to this agreement or the use of this service, even if we advised you of the possibility of such damages. To the fullest extent permissible pursuant to applicable law, Grassi disclaims all liability to you regarding on the Grassi Website and all services provided through it under theory of tort, contract, warranty, strict liability or negligence or otherwise, regardless of the foreseeability of any such damages to Grassi.

Grassi expressly disclaims 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. Any materials downloaded or otherwise obtained are 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.

You agree to indemnify, defend, and hold Grassi, its subsidiaries, 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.

Ownership of Intellectual Property
All information, images, source code, software, scripts, text, video, audio, and interactive features of the Grassi Website, excluding any such material from sources outside of the Grassi Website that are linked to by the Grassi Website or embedded in the Grassi Website, (collectively “Information”) are the intellectual property of and the copyrighted works of Grassi or its affiliates or suppliers. All rights with respect to that content are reserved, and you may not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise use any such Information without prior written consent of Grassi. Under no circumstances will you acquire any ownership rights or other interest in any content by or through our use of the Grassi Website.

Modification and Termination of the Grassi Website
Grassi reserves the right at any time to modify or discontinue, temporarily or permanently, the Grassi Website or any service provided by the website (or any part thereof) with or without notice. By using the Grassi Website, you agree to be bound by any such modifications and should therefore periodically visit this page to determine the then current terms and conditions of use to which you are bound. If you are dissatisfied with the current terms and conditions, the Grassi Website, or the content that may be revised, you agree that your sole and exclusive remedy is to discontinue using the Grassi Website. You agree that Grassi will not be liable to you or any third party for any modification, suspension or discontinuance of the Grassi Website or any service.

In the event of termination, you are no longer authorized to access the Grassi Website, and Grassi reserves the right to use any legal means necessary to enforce this termination. In the event that you terminate Grassi’s services or do not agree to be bound by this Agreement, your access to the Grassi Web Site may be terminated, and any information previously uploaded by you will be removed no later than 30 days after notification.

Our firm adheres to professional standards of confidentiality that are at least as stringent as those required by law. The only nonpublic personal information we collect is information that you provide to us or information that we obtained with your authorization.  We do not disclose any nonpublic personal information obtained in the course of our professional practice except as required or permitted by law. Permitted disclosures might include providing information to our employees or, in limited situations, to unrelated third parties with whom we have a confidential relationship that require the information to assist us in serving you. In all situations, we shall maintain the confidential nature of the information being shared. We retain records that relate to the professional services for which we are engaged by you and, in some cases, to comply with professional guidelines. To protect your nonpublic personal information, we maintain physical, electronic, and procedural safeguards that comply with professional standards.

Internet Connectivity and Technical Support
Grassi cannot and does not guarantee that either the Grassi Web Site will be accessible by you at all times. Your access to and use of the Grassi Website 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. If you experience difficulty accessing the Grassi Web Site, please notify Grassi as soon as possible so that we may investigate the issue and, if reasonably practicable, make alternate arrangements to receive information from you or transmit information to you.

We shall also be entitled, without any liability to you, to suspend your access to any portion or all of the Grassi Website at any time: (a) for scheduled downtime to permit us to conduct maintenance or make modifications to the Grassi Website; (b) in the event of a denial of service attack or other attack on the Grassi Website or other event that we determine, in our sole discretion, may create a risk to the applicable websites or Grassi Website, 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 Grassi Website service is prohibited by law or we otherwise determine that it is necessary or prudent to do so for legal or regulatory reasons.

Your Warranties
You agree to comply with all applicable laws regarding your use of the Grassi Website. You further agree that information provided by you is truthful and accurate to the best of your knowledge. You represent and warrant that the provision and use of content provided by you does not and will not violate any copyrights, trade secrets or other proprietary rights of any third party, or create any liability to any third party.

You agree that any Notice relating to this Agreement, the Grassi Privacy Policy or the Grassi Website must be delivered in writing to Grassi & Co., CPAs, P.C.,  50 Jericho Quadrangle, Jericho, NY 11753, and that Noticed delivered in any other manner will not be effective regardless of whether they are received.

Entire Agreement
This Agreement constitutes the entire agreement between you and Grassi and governs the terms and conditions of your use of the Grassi Website, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Grassi with respect to the Grassi Website. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Grassi Privacy Policy), guidelines, or rules that may apply when you use the website. Grassi may revise this Agreement at any time by updating and posting it on the Grassi Website. Accordingly, you should visit the Grassi Website and review the Terms of Use periodically to determine if any changes have been made. Your continued use of this website after any changes have been made to this Agreement signifies and confirms your acceptance of any such changes or amendments to this Agreement.

Applicable Law
The validity, construction and performance of this Agreement shall be governed and construed in accordance with the laws of the State of New York, without giving effect to any conflict of laws provisions thereof. The Federal and state courts located in New York, New York shall have sole and exclusive jurisdiction over any disputes arising under, or in any way connected with or related to, the terms of this Agreement and you: (i) consent to personal jurisdiction therein; and (ii) waive the right to raise forum non conveniens or any similar objection. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Grassi Website, any service provided by the Grassi Website, or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

No Waiver
The failure of Grassi to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Grassi must be in writing and signed by an authorized representative of Grassi.

If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.

Nothing in this Agreement or your use of the Grassi Website is intended to or does create any type of joint venture, creditor-debtor, escrow, partnership, employer-employee, fiduciary, franchise, or professional-client relationship between you and Grassi (or any of our Associates).

Paragraph headings used in this Agreement are for reference only and shall not be used or relied upon in the interpretation of this Agreement.

Last Updated: May 1, 2018