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Terms and Conditions

The Audit Library Website Terms & Conditions

Last Updated: October 15, 2023

Your use of this website constitutes your agreement to be bound by these website terms and conditions of use.

These terms contain a mandatory arbitration provision that, as further set forth below, requires the use of arbitration on an individual basis to resolve disputes, in lieu of jury trials, other court proceedings, or class actions of any kind.

Please read these Website Terms and Conditions (“Terms”) carefully before using The Audit Library (“the website,” “the service”). These Terms, and our Privacy Policy which is available on our website and which is incorporated and made part of these Terms, constitute a legally binding agreement between you and The Audit Library, LLC, a South Carolina limited liability company (“Company”). Your access to and use of the service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, subscribers, and other users who access the service. If you disagree with any part of these Terms, then you may not access or use the service. Company may change the Terms from time to time; by continuing to use the website following such modifications you agree to be bound by such modifications to the Terms.

By accepting the Terms through your use of the website, you affirm that you are either (i) 18 years of age or older, or (ii) you are at least 13 years of age and are using the website under the supervision of a parent or legal guardian who has agreed to be bound by these Terms. If you are a parent or legal guardian agreeing to be bound by these Terms on behalf of a person between the ages of 13 and 17, you agree to be fully responsible for such child’s use of the website, including all financial charges and legal liability that such child may incur, and you agree that you will ensure that neither you nor your child submits your child’s personally identifiable information to Company via the website as Company does not collect or store the personal information of persons under age 18.  We believe the content on the website is suitable for everyone; federal law (47 U.S.C. § 230(d)) nevertheless requires that we notify you that parental control protections are commercially available that may assist you in limiting access to material that is harmful to minors. For more information, go to www.consumer.ftc.gov.

We may in our sole and absolute discretion change these Terms from time to time to comply with laws or to meet our changing business requirements. These revisions shall be effective for new users immediately upon being posted to the website; however, for existing customers, the applicable revisions shall be effective ten (10) days after posting unless otherwise stated. If you do not agree with any of the changes, you must discontinue using the website. By continuing to use the website after any changes are posted, you expressly accept any applicable changes. Please note our employees, customer service representatives, distributors, or other agents are not authorized to modify any provision of these Terms, either verbally or in writing.

You expressly agree that you will do nothing inconsistent with the Company’s ownership of the website, and that you gain no rights, title, or interest in or to any aspect of the website, except as stated in these Terms or any Contract. In addition, except as expressly set forth in these Terms, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or other proprietary right of Company or any third party.

If you wish to purchase a subscription to the service, you will be asked to provide certain information including your email, phone, payment details, and other identifying information. You will be automatically enrolled to receive The Audit Library’s digital newsletter. You may opt-out of the digital newsletter at any time.

Subscriptions

Subscriptions are priced based on the asset size of the organization using the service as of the most recent quarter end. Each subscriber is required to select their asset size range at checkout, which is subject to verification. The username and password for each account may be shared with multiple users within the organization but may not be shared with anyone outside of the organization. Receipts and renewal notices will be sent to the email address on file. Subscription renewals will be automatically billed on an annual basis, and the primary contact will be notified one week in advance. Subscriptions may be canceled at any time. All sales are final; refunds will not be granted. The Audit Library is not responsible for overdraft or non-sufficient funds charges incurred by users.

Your Account and Password

Aspects of the website permit or require you to create an account to enjoy additional services and benefits. You agree to provide and maintain accurate, current, and complete information for your accounts, including as applicable, your name, contact, and payment information. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another subscriber’s username, password or other account information, or another person’s name or likeness, or if applicable, provide false details for a parent or guardian. You agree that we may take steps to verify the accuracy of information you provide.

We have adopted and implemented a policy that provides for the suspension or termination, in appropriate circumstances and in our sole and absolute discretion, of the accounts of users who violate these Terms, are repeat infringers of copyright, or engage in, encourage, or advocate for illegal conduct.

You are responsible for maintaining the confidentiality of your username and password, and you are responsible for all activities under your account that you can reasonably control. You agree to promptly notify us of any unauthorized use of your username, password, or other account information, or of any other breach of security that you become aware of involving your account or the website. You agree not to use the account, username, or password of any other account holder at any time. Company will not be liable for any loss that you incur because of someone else using your password, either with or without your knowledge.

International Orders

The Company does not directly sell services in any jurisdiction other than the United States of America as these products may not be approved for sale in other jurisdictions. Our goods and services are intended for purchase and use only in the United States of America. In the event any of our goods and services are provided to non-residents of the United States, your acceptance of such services or products will only be based on the following conditions:

  • you agree that the purchase of any Company products or services by you, as a non-resident of the United States, shall be subject to United States Law; and
  • no foreign law, such as the United Nations Convention on the International Sale of Goods, shall apply to any purchase or sale, and Company expressly opts out of such applications.

 

Use of Artificial Intelligence

Users may not input any verbiage or content from The Audit Library into Artificial Intelligence (AI) services, including but not limited to ChatGPT. Violating this clause will result in immediate termination of your subscription and possible legal repercussions to the full extent of the law.

Copyright Policy and Copyright Agent

It is the Company’s policy to respect the copyright and other intellectual property rights of others. The Company may remove content from its websites or other properties that appears to infringe the copyright or other intellectual property rights, including moral rights, of others. In addition, the Company may terminate access by users who appear to infringe the copyright or other intellectual property rights of others. Further, the Company complies with the Digital Millennium Copyright Act (DMCA).

If you believe that content available on or through the Site, or accessible via links posted to the Site, infringes your copyright, you or your authorized agent may submit a notification to us, as set forth in this policy. Please send a notification including all the information described below (“Notification”) to our copyright agent by mail or e-mail using the contact information provided below.

You may be held liable for damages and attorneys’ fees if you make any material misrepresentations in a Notification. Therefore, if you are not sure whether content located on or accessible via a link posted on to the website infringes your copyright, you should contact an attorney.

A Notification must include the following:

  • Identification of the copyright claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single Notification, a representative list of works. Please describe the work and, where possible, include a copy or the location (e.g., URL) of an authorized version of the work.
  • Identification of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material (preferably a link to the material).
  • Information reasonably sufficient to permit us to contact you, such as your name, address, telephone number, and, if available, an email address at which you may be contacted.
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the rights owner, its agent, or the law.
  • A statement that the information you have supplied is accurate and indicating that “under penalty of perjury” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
  • A physical or electronic signature of the copyright holder or authorized representative.

 

The Copyright Agent designated by The Audit Library, LLC to receive notifications of claimed infringement through email or regular mail is:

DMCA Notices – Legal

The Audit Library, LLC

3160 Highway 21 Suite 103 #14

Fort Mill, SC 29715

Email: Legal@theauditlibary.com (when emailing include the term “DMCA Notice” in the subject header)

Only DMCA notices should go to our Copyright Agent. Any other communications should be directed to our customer service representatives using the contact information on our website. Upon receipt of a substantially compliant Notification regarding an alleged copyright violation, we will respond expeditiously to remove, or disable access to, the material that is claimed to be infringing. We will also terminate in appropriate circumstances users who are repeat infringers. You acknowledge that if you fail to comply with all the above instructions, your DMCA notice will not be valid.

Reinstatement Process

If your submitted materials were removed or access thereof has been disabled, and you believe that such materials are not infringing or that you have authorization from the copyright owner, the owner’s agent, or under the law, to post and use the content, you may send a counter-notice containing the following information to our designated Copyright Agent via email or regular mail using the above contact information for our Copyright Agent:

  • Your original or electronic signature.
  • Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled.
  • A statement “under penalty of perjury” by you that you have a good faith belief that the content was removed or disabled because of a mistake or misidentification of the content.
  • Your name, address, telephone number, and, if available, email address, along with a statement that you consent to the jurisdiction of the federal district court for the judicial district in which your address is located, or if your address is outside the United States, for the Federal District Court for the South Carolina; and that you will accept service of process from the person who provided us with the original notification of infringement or an agent of such person.
  • If a counter-notice is received by our Copyright Agent, we may send a copy of the counter-notice to the original complaining party information that person or entity that it may replace the removed content or cease disabling it within ten (10) business days. Unless our Copyright Agent receives notice from the person or entity who submitted the DMCA notice that the copyright owner has filed an action seeking a court order to restrain the relevant user from engaging in infringing activity relating to the materials submitted to the Site or made available through the Site, in our sole discretion we may replace or restore access to the relevant content in ten (10) to fourteen (14) business days after receipt of the counter-notice.

 

Templates

The Audit Library provides document templates for Internal Audit professionals, Audit Committees, and Supervisory Committees. Templates are not intended for use by any other parties. Professionals such as external auditors, consultants, or any party that could be considered a competitor to The Audit Library are not allowed to use the service. The documents in the Library were prepared, reviewed, and vetted by audit professionals, are not necessarily legally binding or appropriate for every circumstance, and are not intended to provide legal exculpation. All users must practice professional judgment in selecting, modifying, and ultimately using documents published by The Audit Library. Subscribers may not share documents, with or without user edits, with any party outside the course of operations for their organization. None of the contents is to be construed as the offering or provision of legal advice or the offering or provision of any services requiring state licensure, including Certified Public Accountant (CPA) services.  Individuals requiring legal counseling or CPA guidance should engage the services of a qualified, licensed professional in the individual’s home state.

Disclaimer of Warranty and Limitations of Liability

The website may contain links to third-party websites or other services. The Audit Library has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party website or affiliate. You further acknowledge that The Audit Library shall not be responsible or liable, directly, or indirectly, for any damage or loss caused by or in connection with use of or reliance on any such content, goods, or services available through such third parties.

CERTAIN FEATURES, FUNCTIONALITY, AND/OR CONTENT OFFERED ON OR THROUGH THE SITE MAY BE HOSTED, ADMINISTERED, RUN OR OTHERWISE PARTICIPATED IN BY THIRD PARTIES. THESE SERVICE PROVIDERS MAY REQUIRE THAT YOU AGREE TO THEIR ADDITIONAL TERMS, CONDITIONS, CONTRACTS, AGREEMENTS AND/OR RULES. YOUR COMPLIANCE WITH ANY SUCH ADDITIONAL TERMS, CONDITIONS, CONTRACTS, AGREEMENTS AND/OR RULES IS SOLELY YOUR RESPONSIBILITY AND WILL HAVE NO EFFECT ON YOUR CONTINUING OBLIGATION TO COMPLY WITH THESE TERMS WHEN USING THE WEBSITE. COMPANY AND OUR INDEMNITEES SPECIFICALLY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION WITH THE ACTS OR OMISSIONS OF SUCH THIRD PARTIES.

YOU ACKNOWLEDGE THAT YOU ARE USING THE WEBSITE AT YOUR OWN RISK. THE SITE IS PROVIDED "AS IS", "WITH ALL FAULTS" AND ON AN "AS AVAILABLE" BASIS, AND WE AND OUR INDEMNITEES HEREBY EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES, AND GUARANTEES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY CONTENT CONTAINED THEREIN OR PROVIDED BY US OR THE SITE. WE AND OUR INDEMNITEES DO NOT REPRESENT, WARRANT OR GUARANTEE THAT ACCESS TO THE SITE AND/OR COMMUNICATIONS OR MESSAGING FROM OR TO US OR YOU WILL BE UNINTERRUPTED, TIMELY, OR ERROR FREE, OR THAT THERE WILL BE NO FAILURES, DELAYS, INACCURACIES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED CONTENT, OR THAT NO SOFTWARE DISABLING DEVICES, TIME BOMBS, VIRUSES, WORMS, BUGS, OR DEVICES OR DEFECTS OF SIMILAR NATURE WILL BE TRANSMITTED ON OR THROUGH THE SITE, AND WE AND OUR INDEMNITEES WILL NOT BE LIABLE IN THE EVENT OF ANY SUCH OCCURRENCE.

WE AND OUR INDEMNITEES ARE NOT RESPONSIBLE FOR INCOMPLETE, INCORRECT, LOST, DELAYED, LATE, MISDIRECTED, GARBLED, DAMAGED, ILLEGIBLE, UNDELIVERABLE, OR INCOMPLETELY RECEIVED COMMUNICATIONS OR MESSAGING FROM OR TO US OR YOU FOR ANY REASON, INCLUDING BY REASON OF HARDWARE, SOFTWARE, BROWSER, NETWORK, COMMUNICATIONS SYSTEM FAILURE, MALFUNCTION, DELAY, OR CONGESTION, OR ANY INCOMPATIBILITY AT OUR SITE OR ELSEWHERE, OR FOR ANY OTHER TECHNICAL PROBLEMS, ANY FORM OF ACTIVE OR PASSIVE FILTERING BY A USER'S COMPUTER, MOBILE OR OTHER DEVICE OR ACCESS PROVIDER, INSUFFICIENT SPACE ON USER'S COMPUTER, MOBILE OR OTHER DEVICE OR ACCOUNT/PROFILE, OR ANY OTHER CAUSE OR COMBINATION THEREOF.

WE AND OUR INDEMNITEES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF THESE TERMS, THE WEBSITE, YOUR ABILITY OR INABILITY TO ACCESS, VISIT AND/OR USE THE WEBSITE, INCLUDING DAMAGE TO YOUR COMPUTER, MOBILE OR OTHER DEVICE, OR FOR SOFTWARE DISABLING DEVICES, TIME BOMBS, VIRUSES, WORMS, BUGS, OR DEVICES OR DEFECTS OF SIMILAR NATURE ALLEGED TO HAVE BEEN OBTAINED FROM THE SITE, YOUR ACCESS, VISITATION, AND/OR USE OF, OR RELIANCE ON, THE SITE AND/OR CONTENT AVAILABLE ON OR THROUGH THE WEBSITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR LIABILITY TO YOU EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU DURING THE ONE MONTH PERIOD IN WHICH THE CLAIM AROSE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THE AGREEMENT IS NOT SUBJECT TO THE LAWS OF SUCH STATES, BUT TO THE EXTENT A CLAIM IS BROUGHT THEREIN, OUR LIABILITY AND WARRANTIES ARE LIMITED TO THE EXTENT PERMITTED BY LAW. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR".

COMPANY WILL NOT BE LIABLE FOR FAILURE TO PERFORM ANY OBLIGATION UNDER THESE TERMS IF SUCH FAILURE IS CAUSED BY THE OCCURRENCE OF ANY UNFORESEEN CIRCUMSTANCES BEYONDS ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET OUTAGES, COMMUNICATIONS OUTAGES, FIRE, FLOOD, WAR, OR PANDEMIC.

Disputes, Binding Individual Arbitration, and Waiver of Class Actions and Class Arbitrations

PLEASE READ THIS SECTION CAREFULLY because it affects rights that you might otherwise have. It provides for resolution of most disputes through arbitration instead of court proceedings.

Arbitration is different from court. There is no judge or jury, but the arbitrator can award damages. Arbitration is final, biding, and subject to only limited review by a court. You agree to give up your right to a trial in court except for certain small claims as described below. You agree that this arbitration section shall survive termination of these Terms. This section shall be broadly interpreted to encompass all disputes or claims arising out of or relating to these Terms. Any dispute or claim made by you against Company or against any of our subsidiaries, parents, or affiliated companies arising out of these Terms, whether based on contract, statute, fraud, misrepresentation, tort, or any other legal theory, will be resolved by binding arbitration, except that you may take claims to small claims court if they qualify for hearing by such court.

You must first present any claim or dispute to Company by emailing a complete description of the basis for the claim or dispute to Legal@theauditlibrary.com. You may request arbitration if your claim or dispute cannot be resolved within sixty (60) days of you emailing the basis to us.

The arbitration of any dispute or claim shall be conducted in accordance with the rules of a nationwide arbitration organization, as modified in these Terms. Any arbitration will be conducted in the state of South Carolina. An arbitrator may not (i) award relief in excess of or contrary to what these Terms provide; (ii) order consolidation or arbitration on a class-wide or representative basis, or (iii) award punitive damages or any other damages aside from the prevailing party’s actual damages, except that the arbitrator may award damages that any statute deems unwaivable and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute.

The decisions of the arbitrator shall be binding and conclusive upon all parties involved, and any judgment or decision on an arbitration may be entered in and specifically enforced in any court having proper jurisdiction. If any portion of this section is determined by a court to be inapplicable or invalid, then the remainder shall be given full force and effect. Unless an applicable statute expressly permits awarding attorney’s fees to the prevailing party, all administrative fees and expenses of arbitration will be divided equally between you and Company. Each party will bear the expense of its own counsel, experts, witnesses, facility fees, and preparation and presentation of evidence at any arbitration hearing.

If any provision in this Section is found to be unenforceable, that provision shall be severed with the remainder of these Terms remaining in full force and effect. The foregoing shall not apply to the prohibition against class or representative actions; if the prohibition against class or representative actions is found to be unenforceable, this entire Section shall be null and void. The terms of this Section shall otherwise survive any termination of these Terms.

The Company and you agree that any controversy excluded from the arbitration procedure and class action waiver provisions, shall be filed only in the state courts of South Carolina, or in the federal courts of the United States District Court for South Carolina – Rock Hill Division, and each party hereby irrevocably and unconditionally consents and submits to the exclusive jurisdiction of such courts for any such controversy.

Indemnification

You agree to indemnify and hold Company, its parents, subsidiaries, affiliates, shareholders, officers, directors, employees, agents, and suppliers harmless from and against any claim, action, demand, loss, suit, or damages (including attorneys' fees) made or incurred by any third party arising out of or relating to your improper use of the website, your violation of these Terms, or your violation of any rights of a third party. This indemnification is from and against any and all losses, liability, damages, causes of action, claims, demands, costs, and expenses (including but not limited to attorney’s fees, paralegal’s fees, and expert’s fees), whether incurred at the pre-arbitration, arbitration, the pre-trial, trial or appellate levels of litigation, or otherwise, in connection with (i) any breach of this agreement by you or anyone claiming through you or because of you. Company shall always retain choice of counsel.

If you have any questions about these Terms, please contact us directly using the contact information on our website.  Thank you for using The Audit Library!