Professional Services are Performed Subjected to a Signed Engagement Letter
Professional services and the associated deliverables are only provided after you have a signed engagement letter detailing the services to be performed and the associated mutual agreements.
Booking an Appointment is not a Substitute for a Signed Engagement Letter
Booking an appointment does not constitute an engagement and without a signed engagement letter, any meetings and discussions are not intended to be used, and cannot be used, for tax advise. Everyone’s situation is different. Further, no warranty or representation, express or implied, is made by CMR Associates, nor does CMR Associates LLC accept any liability with respect to the information set forth in such conversations. Further, such meetings do not constitute legal, tax, accounting, investment or other professional advice.
Audio and Visual Recordings
Unless you request otherwise audio and visual recordings can be used for all interactions with CMR Associates for documentation and training purposes.
Our services cannot be relied upon to disclose errors, irregularities or illegal acts, including fraud or defalcations, which may exist. We may inform you of any matters that come to our attention.
Third-Party Disclosure and Use of Third-Party Services
Unless you indicate otherwise, our firm may transmit confidential information that you provide to us to third parties in order to facilitate delivering our services to you. Examples of such transmissions may include the access to your contact information and personal business and tax information (“accounting information”) by members of our team (independent contractors such as consultants, administrative assistants, or third party developers located across the globe), transfer of accounting information and other data files via the internet, online back-up services, website developer, hosting services, could software (i.e. Google, Microsoft, Intuit, Xero and associated applications and plug-ins), credit card processing company, and contracted legal counsel, etc. (“third-parties”) with respect to CMR Associates, LLC. We request that third-party service providers protect your confidential information and use it only in connection with the services they perform for us on your behalf. Please feel free to inquire if you would like additional information regarding the transmission of confidential accounting information to/through third-parties.
Electronic (Email) Communications
In connection with current and all future interaction with CMR Associates, we may communicate with you or others via email transmission. As emails can be intercepted and read, disclosed, or otherwise used or communicated by an unintended third party, or may not be delivered to each of the parties to whom they are directed and only to such parties, we cannot guarantee or warrant that emails from us will be properly delivered and read only by the addressee. Therefore, we specifically disclaim and waive any liability or responsibility whatsoever for interception or unintentional disclosure of emails transmitted by us in connection with the performance of this engagement. In that regard, you agree that we shall have no liability for any loss or damage to any person or entity resulting from the use of email transmissions, including any consequential, incidental, direct, indirect or special damages, such as loss of revenues or anticipated profits, or disclosure or communication of confidential or proprietary information.
You agree to indemnify CMR Associates for any monetary losses, including attorney’s fees, caused in whole or part, by your negligence or dishonest intentional acts.
Limitation of Liability
By accepting these terms and conditions you agree that the liability of CMR Associates arising from the services performed shall be limited to no more than 300% of the fees which you pay us for the performance of the specific service. You agree that this will be your only remedy and you hereby waive any other claims may have for actual, incidental, and consequential damages including, without limitation, lost profits and third-party claims.
Governing Law; Venue; Attorneys Fees
All interactions and agreements between you and CMR Associates, including the acceptance of these terms and conditions, will be governed by the laws of the state of Louisiana, without reference to rules governing choice of laws. Any action relating all interactions and agreements between you and CMR Associates to must be brought in the federal or state courts located Louisiana, and both parties irrevocably consent to the jurisdiction of such courts.
If either party brings an action against the other concerning the outcome, quality or timeliness of our performance of services or other matters related to CMR Associates profession services, the party who prevails shall be entitled to recover her/his/its (or, if applicable, her/his/its professional liability insurer’s) attorney fees and costs incurred in defending such suit.