We take the security of your personal information seriously. To stay ahead of an increasingly complex digital world, we have created a secure document portal for your convenience. Documents uploaded to this portal are fully encrypted, ensuring the confidentiality of your information. This is a more secure method of electronic file sharing than email.
In addition to providing hard copies of your tax-related documents, you are welcome to upload your documents to our portal at any time. We will receive an automated email notification to let us know that you have uploaded documents for us to access. We can also share documents with you this way.
To access your portal, click here:
END-USER LICENSE AGREEMENT FOR BURDICK & ASSOCIATES, P.C. CLIENT AXCESS PORTAL
This End-User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and Burdick & Associates, P.C. (“B&A”).
1. PURPOSE OF THE B&A CLIENT PORTAL: B&A maintains a client-accessible, online data exchange facility (the “Portal”) to facilitate its clients’ and B&A communications and the transmittal, intermediate storage, review, exchange, and retrieval of documents and other materials and information uploaded by you (“your information”) related to B&A’s furnishing professional bookkeeping, accounting, attest, tax preparation, and financial advisory services to you (“B&A Services”).
2. THIS AGREEMENT: is intended to govern your and B&A’s access to and use of the Portal for that PURPOSE.
3. RIGHTS GRANTED TO YOU: (a) In consideration of the professional relationship established in any retainer or any other agreement between the Parties regarding B&A Services to you and the sum of one additional dollar received by B&A from you, and subject to B&A’s specific reservation of all rights in and to the Portal itself, all underlying B&A or third party software, and all your information stored on the Portal that is necessary to provide and document lawful professional services to you (“Rights Retained by B&A”), B&A hereby grants to you a nonexclusive and non-assignable right and license to access and use the Portal for the PURPOSE, and only for the PURPOSE, set out above, during the Term and in the Territory described in this Agreement.
(b) The Term of this Agreement shall begin on the date that you return this document fully subscribed where indicated below. This Agreement may be suspended or terminated in B&A’s sole discretion, immediately upon any cyberattack, compromise of security, failure or physical damage to the software or hardware comprising the Portal, or for any other reason in B&A’s sole discretion upon seven days written notice from B&A to you.
(c) The Territory: Your use of the rights granted herein shall be limited to access from licensed communications facilities in the Unites States of America, its Territories, and Possessions, unless prior written permission of B&A permits otherwise.
4. RIGHTS RETAINED BY B&A: (a) B&A retains all rights in and to the Portal and its use not specifically licensed to you in this Agreement or any subsequent amendment of or B&A changes to this Agreement, including the rights to alter, suspend, or terminate your access to the Portal for any lawful or good faith business, professional, or operational reason.
(b) You understand and agree that the Portal is a resource for communications between the Parties and not an archive for any client information. You further agree that, to insure consistent access to your information transmitted to or temporarily stored by you on the Portal, it is essential for you to maintain originals or copies of such information in your own physical or electronic control.
(c) Except as necessary in the ordinary course of your business or as otherwise required by law or regulation, or as necessary to meet a good faith “need to know” on the part of your officers, directors, shareholders, or licensed professional advisors, you shall not tamper with operations of the Portal, copy or distribute any proprietary B&A forms, materials, information, or the work product of B&A Services, or make any illegal or unauthorized use of the Portal or its contents, including the contents temporarily stored there by other B&A clients. If you allow access to the Portal by any person or entity, you shall be solely liable for any breach of the terms of this Agreement by such person or entity as if such breach resulted from the act or omission of you.
(d) B&A further reserves, on its own behalf and on behalf of the owners and licensors of all components of the Portal, all rights necessary to B&A’s compliance as licensee of the software, hardware, storage facilities, and non-client and other-client content that comprise or are temporarily stored on the Portal itself and that are the protected intellectual property and confidential information of such persons. Any unauthorized use, reverse engineering, copying, misidentification, or distribution of any of those components or such content will be an unlawful infringement of property rights, and may result in liability to B&A or such persons, in litigation, or in termination of the RIGHTS GRANTED in this Agreement.
5. RIGHTS GRANTED BY YOU: You hereby grant B&A the nonexclusive right and license to access, store, copy, analyze, interpret, summarize, and refine all your information transmitted to the Portal by you, and any work product of B&A Services, transmitted to or temporarily stored upon the Portal—solely for the PURPOSE set out above, and for compliance with applicable law or the order of any court or agency interpreting or enforcing applicable law.
6. OTHER RIGHTS OF THE PARTIES: Each Party shall maintain exclusive ownership and use of its own Information temporarily stored on the Portal, and to the extent permitted by law or regulation, or by any other agreement between them, may demand prompt removal and/or return of its Information stored there.
7. CONFIDENTIALITY: Each Party shall maintain the confidentiality of the other Party’s communications and Information that are by their nature or by notice from the other Party proprietary to that Party and maintained as confidential by that Party. In doing so, each Party shall apply the same standards of confidentiality as that Party applies to its own confidential information, but not less than standards required by law or by any authoritative professional association, including the American Institute of Certified Public Accountants (AICPA). No breach of Portal confidentiality by any unauthorized or unknown third person or entity shall result in any liability to either Party, unless such breach is the result of willful negligence on the part of such Party. For the protection of the confidential information of any user of the Portal, B&A may, in good faith, suspend or terminate access to the Portal, and therefore to your access to your Information and B&A’s work product stored on the Portal, without liability to any user of the Portal, including you.
8. OTHER CONTENT: Neither Party shall transmit to, store upon the Portal, nor use any information or material unless such transmittal, storage, or use is specifically authorized by its owner or by applicable law.
9. DISCLAIMER OF WARRANTIES; LIABILITY LIMITATION: (a) All use of the Portal is at the risk of you. B&A cannot and does not warrant uninterrupted access to the Portal, or uncorrupted storage, or privacy or confidentiality of your communications and content temporarily stored thereon.
(b) Under no circumstances shall B&A be liable to you or any third party for any alleged or actual direct or indirect, special, exemplary, punitive, or consequential damage to clients’ or its customers’ or affiliates’ operations, property, rights, lost income, goodwill, or other interests on account of the temporary suspension or of termination of use of the Portal resulting from any cause other than willful intention of B&A to do harm.
10. YOUR WARRANTY AND INDEMNITY: You warrant that you shall in all respects comply with your obligations in this Agreement, and with the terms of that certain Software License Agreement by and between B&A and CCH, Inc., (to be found at CCH ProSystem fx Master Agreement (“CCH Software License”) made a part of this Agreement, in which B&A is the denominated “Customer” and you herein are the denominated “Client,” and you shall defend, hold harmless, and indemnify B&A, its directors, owners, officers, and employees and other users of the Portal, from and against any alleged act or omission of you or any other of your authorized users arising out of a breach of this warranty.
11. PASSWORD: Your access to your licensed use of the Portal shall be by password subscribed, chosen, or assigned and changed from time to time by you. Security of the password is the exclusive responsibility of you. You shall promptly notify B&A of any unauthorized access to or use of the password.
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 to firstname.lastname@example.org or in writing to:
Burdick & Associates, P.C.
8390 E Crescent Pkwy Ste 110
Greenwood Village, CO 80111
This Agreement, including B&A’s privacy notice incorporated herein, 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.
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.
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.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by B&A without restriction.
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).
APPLICABLE LAW AND JURISDICTION
The B&A Portal, including www.bmacpa.com website (excluding links to websites operated by others) is controlled and operated by B&A from offices in Greenwood Village, Colorado. Although B&A has made no effort to publish the B&A Portal, including www.bmacpa.com website elsewhere, it is accessible in all fifty U.S. states and in other countries due to its presence on the Worldwide Web. As each of these states and countries have laws which may differ from those of Colorado and from each other, and as you and B&A both benefit from establishing a predictable legal environment in which to publish, access, and use the B&A Portal, including www.bmacpa.com website, by publishing, accessing, and/or using the sites you agree that all matters arising from or relating to the use and operation of the sites will be governed by the laws of the United States of America and resolved in the United States District Court for the District of Colorado, wherever performed and without regard to conflicts of laws provisions otherwise applicable there. You agree that all claims you may have arising from or relating to the operation or use of the B&A Portal, including www.bmacpa.com website will be heard and resolved in the courts of the United States of America and resolved in the United States District Court for the District of Colorado. You consent to personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts. The foregoing not withstanding you agree that B&A shall be entitled to apply for any necessary injunctive remedies in any jurisdiction. If you choose to access the www.bmacpa.com website from locations other than the State of Colorado, you will be responsible for compliance with all local laws of such other locations.
LAST REVISION DATE
This Agreement was last revised on February 8, 2017.