Terms of Use for Truth In Accounting "Data-Z" web site

Last updated on October 1, 2020.

Welcome to the Institute for Truth In Accounting’s web site, hosted by eResources ("web site designer/manager shorthand capitalized reference").  

This user agreement ("User Agreement"), which includes our Privacy Statement sets forth the terms and conditions for your use of the web site at www.data-z.org ("Our Site").  We may change this User Agreement (including our Privacy Statement) from time to time by posting an updated version on this page, or, if we determine that it is appropriate, we may post a special notice of the changes on the home page of Our Site.  By continuing to use Our Site after we have posted an updated User Agreement or special notice, you indicate that you agree to the new User Agreement.

Please read this User Agreement carefully, because by using Our Site, you agree to be bound by and comply with its terms and conditions.  

If you do not consent to this User Agreement, you may not access or use Our Site.

Terms of Use

Copyright

All material on Our Site is protected by copyright law.  You may download a single, machine-readable copy of the articles and other information posted on Our Site ("Site Content") for your personal, non-commercial use as long as in your use of it you do not alter the Site Content or remove any trademark, copyright, or other notices displayed on the Site Content.  Aside from this single copy, you may not reproduce, distribute, display, perform, create derivative works of, extract for use in a database, or otherwise use any Site Content.  

Trademarks

"Truth In Accounting” and other logos and trademarks featured on Our Site, including without limitation Truth in Accounting, TIA, IFTA, State Data Lab, Data-Z, Taxpayer Burden, Taxpayer Surplus, FACT-based budgeting, Financial State of the States are trademarks owned by Truth In Accounting  ("Our Trademarks").  You may not use Our Trademarks without written authorization from us.  Additionally, you may not use Our Trademarks:  (A) in connection with any product or service that does not belong to us; (B) in any manner that is likely to cause confusion among users about whether we are the source, sponsor, or endorser of a product, service, or activity; or (C) in any manner that disparages or discredits us.  You may not register any domain name containing any of Our Trademarks without our prior written consent as to each registration.

Accounts and Subscriptions

If you are a paid subscriber to the print edition of any publication of Truth In Accounting, you may access subscriber-only content on Our Site by registering for an account on Our Site ("Account") and entering the registration code found in the email you received after registering.  You do not need to sign up for an Account to access the public portions of Our Site.

Subscriptions to our printed materials are processed by our third-party subscription-fulfillment service provider.  Please contact the service provider with any questions about the status of your subscription or charges and payments associated with it.

You are responsible for all activity under your Account.  You must keep the username and password for your Account confidential, and you may not transfer your Account or otherwise do anything to give another person access to your account.  You must notify us immediately if you become aware that anyone has gained unauthorized access to your Account.  By registering, you represent and warrant that all information you provide at registration and thereafter in connection with your Account is accurate and complete. 

We reserve the right, in our sole discretion, to suspend or terminate any Account or to block access to Our Site at any time and for any reason including but expressly without limitation,  if in our sole discretion we believe you have not complied with this User Agreement or for any other reason necessary or appropriate, including but without limitation your suspected use or attempting to use Our Site in any way that we contend violates this User Agreement or any applicable laws or regulations.  

Links, Frames and Metatags

You may not frame the content of Our Site on any other web site unless you first obtain our express prior written consent in each case.  You may not use metatags or any other "hidden text" that incorporates Our Trademarks, marks confusingly similar to Our Trademarks, or our name without our prior written consent in each such use.

Links to Third-Party Web Sites

Our Site may contain links to web sites controlled by third parties (“Third-Party Web Sites”).  We are not responsible for Third-Party Web Sites or their content or activities.  Any information you share or actions you take on Third-Party Web Sites are governed by those sites’ own terms of use and privacy statements, if any, which you should review carefully.  Including links on Our Site to Third-Party Web Sites does not imply our endorsement of such Third-Party Web Sites, their content, or any associated organization or activity.  We make no representation or warranty whatsoever about the nature of Third-Party Web Sites.

Material Provided By You and Other Users

Our Site may offer features that allow you to submit and share comments, questions, answers, information,  works of authorship, and other materials (all together, hereafter referred to as "User Content"). 

If you submit User Content to Our Site, by doing so you grant us an irrevocable, non-exclusive, worldwide, royalty-free, unrestricted license (with the right to sublicense the rights) to reproduce, distribute, create derivative works of, and publicly display and perform User Content in whole or in part in any media now known or later developed; to use your name and likeness and the names, likenesses, and other information you submit as part of User Content; and to identify User Content with our description or additional information.  

When you submit any User Content, you also represent and warrant that (A) you have the right to submit it; (B) you have obtained all rights and consents necessary to grant this license, including to any third-party material included in User Content and from any individual depicted in User Content; (C) the User Content does not and will not violate any third party’s copyright, trademark, patent, trade secret, right to privacy or publicity, or any other proprietary, personal, or other right of any kind; (D) you are under no obligation that would in any way interfere with the disclosure or use of User Content; and (E) no User Content contains any material or information furnished to you in confidence or with the understanding that it would not be disclosed or published.

When you submit any User Content, you also you irrevocably release (on behalf of yourself and your successors, heirs, family members, and executors) Truth In Accounting its affiliates (and their respective members, managers, directors, officers, employees, and agents) from any claim of any nature or kind that you have or may ever have including but without limitation (based on any cause of action, including rights of publicity or privacy, trademark or service mark, copyright, "moral rights," false light, libel, defamation, false advertising, or intentional or negligent infliction of emotional distress) arising out of any use of User Content you submit and any use of your name, likeness, or other identifiable traits in connection with User Content.  

If you are a California resident, you waive California Civil Code Section 1542, which says: "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."  If you reside in any other jurisdiction that places analogous restrictions on a general release, you waive such restrictions to the maximum extent permissible under the applicable law.

We have no obligation to display or otherwise use any User Content in any way.  We have the right to delete, modify, or supplement User Content at any time for any reason without notice to anyone.  

User Content is not confidential and may be available to the general public via Our Site or otherwise.  You are solely responsible for any User Content that you submit to Our Site.  We do not endorse or adopt any User Content.  

We have no obligation to pre-screen, monitor, edit, supplement, or delete User Content, but we reserve the right to do so at any time without notice to anyone.  By submitting any User Content, you agree that we may restrict you from submitting new User Content or from otherwise participating in Our Site’s interactive features, at our sole discretion, for any reason, at any time and without notice to you.  We are not responsible for any failure or delay in removing User Content that does not comply with this User Agreement.

Conduct on Our Site

We value a diversity of viewpoints and expect users of Our Site to exhibit the same level of respect for others on Our Site as they would in any community forum.  All users must practice discretion and maintain civility on Our Site.

Accordingly, you may not (A) submit, upload, post, email, transmit, or otherwise make available any User Content that is in any manner unlawful, tortious, defamatory, vulgar, explicitly sexual, obscene, libelous, threatening, intimidating, hostile, harassing, abusive on the basis of personal beliefs or other characteristics, or otherwise objectionable or inappropriate; (B) submit any User Content that you do not have the right to submit or that violates another party's right or any law or regulation; (C) send any unauthorized, unsolicited, junk, spam, or bulk email, or any advertising or other form of communication that violates this User Agreement or any law or regulation; or (D) upload, post, email, transmit, or otherwise make available any User Content or other materials that contain any computer code, file, or program designed to interrupt, corrupt, destroy, or otherwise interfere with or limit the functionality of any software, hardware, or equipment, make any unauthorized transmission, or cause any other effect that might reasonably be considered undesirable.

Notice and Procedure For Making Claims Of Copyright Infringement

We respect the copyright and other proprietary rights of third parties.  However, we cannot monitor all material posted on Our Site.  If you believe that any material posted on Our Site infringes your copyright, then you may request the removal of those materials from Our Site in accordance with the Copyright Act, 17 U.S.C. § 512(c)(3), and the procedures described below.

A notice of infringing material that complies with the Copyright Act, 17 U.S.C. § 512(c)(3) ("Notice") must be sent to the agent we have designated with the Copyright Office:

Truth in Accounting

attn: Sheila A. Weinberg

118 N Clinton St. Suite 206

Chicago, IL 60661

sweinberg@truthinaccounting.org

To comply with the Copyright Act, your Notice to the agent listed above must be in writing and must include the following:

(1) A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;

(3) Identification of the material that is claimed 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;

(4) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;

(5) A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(6) A statement that the information in the notification is accurate and made under penalty of perjury, and that you are the owner, or authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.

When we receive a Notice that complies with the Copyright Act, we may remove the identified material and make a good-faith effort to inform the user who posted the allegedly infringing material (the "alleged infringer") of the Notice and subsequent removal.  The alleged infringer may then provide us with a counter-notice ("Counter-Notice") that the initial infringement notice was erroneous.  The Counter-Notice must be in writing and must include:

(1) A physical or electronic signature of the alleged infringer;

(2) Identification of the material removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

(3) A statement under penalty of perjury that the alleged infringer has a good faith belief that the material was removed or access to it disabled as a result of error;

(4) The alleged infringer’s name, address, and telephone number; and

(5) A statement of consent to jurisdiction in federal district court and that the alleged infringer consents to service of process from the complaining party or its agent.

Upon receipt of a Counter-Notice, we will notify you of the Counter-Notice and restore the material within 10 to 14 business days of receipt of the Counter-Notice, unless you inform us that you have filed an action seeking a court order to restrain the allegedly infringing party from engaging in infringing activity relating to the material on Our Site.

Disclaimers

OUR SITE AND THE SERVICES AND MATERIALS AVAILABLE THROUGH IT ARE AVAILABLE "AS IS" AND "AS AVAILABLE."  WE DO NOT WARRANT THAT OUR SITE OR ANY OF THE SERVICES OR MATERIALS AVAILABLE THROUGH IT WILL BE UNINTERRUPTED OR ERROR-FREE.  THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN MATERIALS OR SERVICES AVAILABLE THROUGH OUR SITE.  WE MAKE NO REPRESENTATIONS OR WARRANTIES WHATEVER ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, OR NON-INFRINGEMENT OF ANY CONTENT ON OUR SITE OR SERVICES AVAILABLE THROUGH IT OR THROUGH LINKS TO THIRD-PARTY WEB SITES.  WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN OUR SITE AND OUR SERVICES.  IF YOU RELY ON OUR SITE AND ANY MATERIALS OR SERVICES AVAILABLE THROUGH IT, YOU DO SO ENTIRELY AT YOUR OWN RISK.

TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, WE DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO OUR SITE AND ANY CONTENT, INFORMATION, GOODS, OR SERVICES THAT ARE AVAILABLE THROUGH IT, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EVEN IF THAT PURPOSE HAS BEEN DISCLOSED).

ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, "TROJAN HORSES," OR OTHER MALICIOUS CODE TO OUR SITE, WE DO NOT GUARANTEE OR WARRANT THAT OUR SITE, OR SERVICES OR MATERIALS THAT MAY BE AVAILABLE THROUGH OUR SITE, ARE FREE FROM SUCH DESTRUCTIVE FEATURES.  WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES.

Limitation of Liability

Truth in Accounting, STATE DATA LAB AND EACH OF ITS MEMBERS, MANAGERS, OFFICERS,  EMPLOYEES, AGENTS, AND AFFILIATES ARE NOT LIABLE FOR ANY CLAIM OF ANY NATURE WHATSOEVER BASED ON LOSS OR INJURY BECAUSE OF ERRORS, OMISSIONS, INTERRUPTIONS, OR INACCURACIES IN OUR SITE OR ANY SERVICES OR MATERIALS AVAILABLE THROUGH IT INCLUDING LOSS OR INJURY THAT RESULTS FROM YOUR BREACH OF ANY PROVISION OF THIS USER AGREEMENT.

UNDER NO CIRCUMSTANCES WILL Truth in Accounting , OR ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS, OR LOSS OF DATA) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OUR SITE OR SERVICES AVAILABLE THROUGH OUR SITE OR THIS USER AGREEMENT, REGARDLESS OF THE THEORY OF LIABILITY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR ANY OTHER LEGAL OR EQUITABLE THEORY.  SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR THESE KINDS OF DAMAGES, SO THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify, hold harmless, and defend (only if requested)Truth in Accounting , State Data Lab (Data-Z) and each of their members, managers, officers, employees, agents, and affiliates against all liabilities, losses, damages, and costs (including reasonable attorneys' fees) that they may incur based on claims arising out of your use of Our Site or violation of this User Agreement.  We reserve the right, at our own expense, to assume the exclusive defense and control of any matter for which we are entitled to indemnification.  You agree to provide us with whatever cooperation we reasonably request.

Termination

We reserve the right to terminate Our Site, this User Agreement, and any services offered through Our Site at any time without notice, for any reason.  The "Disclaimers," "Limitation of Liability," "Indemnification," and "General" sections of this User Agreement (along with any other provision that by its terms contemplates survival) survive any termination of this User Agreement.

General

This User Agreement, which includes the Privacy Statement below, is the complete agreement between you and Truth in Accounting regarding your use of Our Site and is governed by the laws of the State of Illinois applicable to agreements made and completely performed there.  You irrevocably agree to bring any claim or dispute relating to your use of Our Site and this User Agreement exclusively in the state and federal courts located in the State and County of [Illinois?], to submit to the exclusive jurisdiction of those courts, and to waive any jurisdictional, venue, inconvenient forum, or other objections to those courts.  If a court of competent jurisdiction determines that any provision of this User Agreement is unenforceable for any reason, then that provision will be deleted and the remaining provisions will be enforceable to fullest extent permitted by law (unless doing so would deprive either party of a material benefit of this User Agreement).

Questions

Please email us at info@truthinaccounting.org with any questions you may have about this User Agreement, including the Privacy Statement.