Proformative Disclaimer

The information contained herein is for informational purposes only and is not legal, tax, financial nor other professional advice or counsel. The information may or may not reflect the most current legal, tax, financial or other developments and, accordingly, it is not promised or guaranteed to be correct or complete. Additionally, as laws vary from state to state and are constantly changing, only a lawyer can provide users with specific advice to rely on. Proformative is a publisher of general information and not professional advice; Proformative is not a law firm, accounting firm, financial advisor or other professional organization with expertise to provide specific advice on a particular topic. Proformative is not a substitute for an attorney’s, accountant’s or similar professional’s advice. If you desire or require professional advice, please consult a qualified provider who is licensed in your state. Proformative and its users (including users who provide content that is available on the website) expressly disclaim all liability in respect to actions taken or not taken based on any of the contents of this website. You agree that under no circumstances will Proformative, its affiliates, or any professional listed on the website (including any forums, bulletin boards, communities or blogs available on the site) be responsible for (1) any information contained on or omitted from the website(s), (2) any person's reliance on any such information, whether or not the information is correct, current or complete, (3) the consequences of any action you or any other person takes or fails to take, whether or not based on information provided by or as a result of the use of the sites, (4) any person's satisfaction with any professional, whether relating to that professional’s competence, diligence, or otherwise, (5) the results of any advice given by or representation from any professional, or (6) the delay, failure or refusal of any professional to respond or consult to you.

You agree that you understand that the professionals who participate in the Service by providing any advice in response to a question submitted by another user ("Professional Members") are not affiliated with, employed by or agents of Proformative. Although Proformative may require Professional Members to provide basic information about themselves to Proformative (for example, information about the jurisdictions in which they are licensed and information about areas in which they practice and consider themselves competent and knowledgeable), and although Proformative does rely upon and pass on this information to Users for their use, Proformative does not separately verify this information and makes no representations as to the qualifications of any Professional Members. You are encouraged to investigate or perform your own due diligence concerning Professional Members and their qualifications. No listing of any Professional Member on this website, and no information of any kind or answers provided by any Professional Member, constitutes an endorsement, recommendation or referral of any Professional Member. Some Professional Members will receive compensation or must make payments to Proformative in order to become a Professional Member of Proformative or in order to answer any questions by Users on Proformative’s website.

 

This website is not intended to create, and does not create, a professional-to-client relationship including but not limited to attorney-client, auditor-client or any advisor-client relationship, and are not subject to standards or requirements of confidentiality and/or privilege associated therewith, nor does it ensure confidentiality between you and Proformative or between any of its users, and you should not act or rely on any information in this website.

 

However, if a professional-to-client relationship does arise through any Services, the scope and duration of any professional-to-client relationship or representation between the Professional Member and client arising through an exchange of communication via the Services is limited by the subject matter and nature of the exchange. The scope of this limited professional-to-client relationship or representation extends only to the substance of the submitted question. The Professional Member is under no duty to further investigate, follow-up, review, pursue, take further action, or to continue to represent the client. The duration of such professional-to-client relationship or representation is presumed to end as soon as the responding Professional Member provides the last answer or follow-up communication in the exchange. You acknowledge and understand that in limited circumstances, Proformative may be required or permitted by law to disclose such communications. Furthermore, Proformative shall have the perpetual, irrevocable, non-exclusive right to use, reproduce, modify, edit, translate, publish, perform, display, post, transmit and distribute your questions, comments, and/or the corresponding answers without compensation to you, anonymously or in the aggregate, for internal or external purposes, alone or as part of other works in any form, media, or technology, whether now known or hereafter developed and to sublicense such rights. Unless you affirmatively elect not to disclose your identity when you submit a question throughthe Service, Proformative willpublicly disclose your identity with your questions or comments.

 

To the maximum extent permitted by applicable law, you hereby release, and waive all claims against Proformative and its employees and agents from any and all liability for claims, damages (actual and consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, arising out of or in any way connected with use of the Proformative websites and services. If you are a California resident, you waive your rights, whether known or unknown, under California Civil Code § 1542, which states, "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." Residents of other states and nations similarly waive their rights under applicable and/or analogous laws, statutes, or regulations.

 

For more information please see the Proformative User Agreement.