Privacy Policy

Last Updated: September 12, 2024

Welcome to Rod & Associates LLC ("we," "us," or "our"). Rod & Associates refers to the global network of independent firms operating under the Rod & Associates brand. This includes Rod & Associates LLC, a Georgia limited liability company, which oversees management and facilitates coordination between member firms in the Rod & Associates network but does not directly provide client services. For the purposes of these Terms, the terms "affiliates," "subsidiaries," and "member firms" refer to any company or entity under common control with, controlled by, or controlling Rod & Associates LLC.

This Privacy Policy governs the collection, use, and protection of information obtained from individuals ("users" or "you") who visit our access, interact, and use of the features, functionalities, services, content, and offerings presented, facilitated, or offered through our official website, sub-domains, and affiliated platforms, (the "Platform"). This Privacy Policy outlines the types of information we collect, how we use and store that information, and your rights regarding your personal data. By accessing or using our Platform, you acknowledge that you have read and understood this Privacy Policy and agree to its terms.

We are committed to respecting your privacy and protecting your personal information. We understand the importance of maintaining the confidentiality and security of your data. This Privacy Policy explains our practices for handling your information and describes how we collect, process, store, and disclose your data. Please review this Privacy Policy carefully. By using our Platform, you consent to the collection and use of your information as described herein. If you do not agree with the practices outlined in this Privacy Policy, please do not access or use our Platform.

If you have any questions or concerns about this Privacy Policy, please contact us using the information provided in the "Contact Us" section below.

We may modify or update this Privacy Policy from time to time to reflect changes in our practices or legal requirements. Any changes will be effective upon posting of the updated Privacy Policy on our Platform. We encourage you to review this Privacy Policy periodically to stay informed about how we collect, use, and protect your information.

TYPES OF DATA WE MAY COLLECT.

To provide comprehensive accounting, tax, consulting, and corporate support services, we may collect and process various types of data. This comprehensive approach ensures we can deliver, maintain, and enhance the functionalities of our Platform. The types of data we collect include:

Personal Identification Information: This may include your name, date of birth, social security number (SSN), tax identification number (TIN), driver's license or passport number, and other forms of identification necessary for tax preparation, compliance, and financial reporting.

Contact Information: We collect contact details such as your mailing address, email address, and phone number to communicate with you, provide updates about your services, send invoices, and share relevant information regarding your engagement with us.

Financial Information: To provide accounting and tax services, we may collect financial data, including bank account details, credit card numbers, income and expense records, payroll information, investment portfolios, transaction history, and other financial statements. This data is used to perform financial analyses, tax filings, and other related services.

Tax Information: Information such as prior tax returns, tax payment records, deductions, and credits, as well as any tax documents you provide through a secure encrypted 3rd party portal, is collected to facilitate tax preparation and advisory services.

Corporate and Business Information: If you engage us for corporate support services, we may collect information related to your business, including corporate governance documents, shareholder information, employee records, contracts, and agreements.

Device and Usage Data: To enhance our service performance and security, we may collect technical information about the devices and networks you use to access our services. This includes IP addresses, device types, browser types, operating system details, and usage data such as pages visited and actions taken on our website.

Communications Data: Any communications you have with us, including emails, phone calls, and messages, may be recorded or stored to address your inquiries, provide support, or maintain

Cookies and Tracking Technologies: We use cookies and similar technologies to enhance your experience on our website, analyze usage patterns, and improve our services. For more information, please refer to our Cookie Policy.

We ensure that the collection, processing, and storage of your data are conducted with the highest regard for your privacy, in strict adherence to relevant data protection laws and regulations. Our primary goal is to maintain the confidentiality and integrity of your data while providing a personalized and secure user experience. Please be aware that by uploading images or documents to our Platform, you acknowledge the potential risks associated with internet data transmission. We encourage you to only share images that you would be comfortable having in a public domain, despite our rigorous security measures.

HOW WE COLLECT DATA.

Our Platform employs a multifaceted approach to data collection, ensuring comprehensive coverage that enhances user experience while upholding our commitment to data privacy and security. The methodologies employed in the acquisition of data are as follows:

Forms on the Website: New clients interested in our services must first complete a preliminary application through our website. This application collects general information, such as your budget, income, and service needs, to help us understand your requirements and provide an initial assessment. No sensitive or confidential documents (such as tax returns or financial statements) are requested or collected during this initial step. These forms do not request sensitive documents like Employer Identification Numbers (EINs) or tax returns but may ask for sensitive personal and business information necessary for our decision-making process. The data collected through these forms may include, but is not limited to:
- Full Legal Name
- Address
- Annual Income (for businesses)
- Annual Net Profit
- Type of Entity (e.g., Sole Proprietorship, Partnership, etc.)
- Company Reporting Basis
- Types of Services Needed

However, exclusively for Tax and Tax-related Services Applications, Rod & Associates does not request taxpayer identification information (such as Social Security Numbers (SSNs), Taxpayer Identification Numbers (TINs), or other sensitive tax-related data) through our website. All sensitive tax matters, including the collection of taxpayer information, are handled exclusively through IRS-approved third-party tax software, ensuring compliance with the IRS Assurance Testing System (ATS) requirements.

Portal Submissions: If, after reviewing your preliminary application, we determine that more information is needed or that your application is approved for further consideration, you will be invited to create an account on our secure ShareFile portal. Through this portal, you can securely upload any additional documents necessary for us to provide a detailed quote or proceed with our services. For existing clients, the ShareFile portal is used to securely exchange sensitive documents, such as tax returns, financial statements, and other confidential information required for the provision of our services.

Device and Usage Data: When you access our Platform, we may collect technical information about the device you use, such as hardware model, operating system, browser type, IP address, and other data regarding your interaction with our services. This information helps us optimize the performance and security of our Platform.

Analytics Data: We use analytics tools to gather aggregated data about how users interact with our Platform. This data helps us understand user behavior and preferences, allowing us to improve our services and enhance the overall user experience.

Our data collection practices are designed to provide a comprehensive understanding of user needs and preferences, enabling us to deliver a more personalized and efficient service. We adhere to the highest standards of data protection and privacy, ensuring that all data collection methods are compliant with applicable laws and regulations. By using this Platform and submitting forms, you confirm that you are at least 18 years of age or older. Form submissions by individuals under 18 are not permitted.

HOW WE USE DATA.

The information collected through our Platform is utilized in a variety of ways, each aimed at delivering an enhanced user experience, ensuring the smooth operation of our services, and maintaining a high standard of security and compliance. The specific uses of your data include:

Service Delivery and Management: Your data is essential for providing our accounting, tax, consulting, and corporate support services. We use your information to prepare financial statements, handle bookkeeping, perform tax preparation and filings, conduct audits, manage payroll, and provide other related services. This may also include creating and managing your account, processing transactions, and coordinating with other entities within our network.

Compliance and Reporting: We use your data to comply with applicable legal and regulatory requirements, such as tax laws, financial reporting standards, anti-money laundering (AML) regulations, and other professional obligations. This includes maintaining accurate records, preparing regulatory filings, and ensuring compliance with state, federal, and international laws.

Client Communication and Support: We use your contact information to communicate with you about your services, provide updates on deadlines, notify you of changes in tax laws or regulations, and respond to your inquiries and feedback. Effective communication is crucial for delivering timely and accurate services.

Service Customization and Personalization: By understanding your financial situation, business structure, and specific needs, we tailor our services to provide customized advice, tax planning strategies, and financial solutions that align with your goals.

Improvement of Services: Your data helps us analyze service performance, identify areas for improvement, and develop new offerings. This includes conducting research and analysis to better understand our clients' needs and enhance the quality of our accounting, tax, and consulting services.

Analytics and Performance Monitoring: We use aggregated data to measure the effectiveness of our services and operations, identify trends, and make informed decisions to improve service delivery and client satisfaction.

Legal Compliance and Enforcement: We process your data to fulfill our obligations under applicable laws, resolve disputes, and enforce our agreements. This includes protecting the rights, property, or safety of Rod & Associates LLC, our affiliates, and our clients.

We handle your data with the utmost care and responsibility, ensuring that its use aligns with this privacy policy, and adheres to applicable data protection laws and regulations. The data is processed with a clear purpose in mind, respecting the trust you place in us when you share your personal information.

NO SALE OF DATA.

Commitment to Data Privacy: We uphold the highest standards of data privacy and are committed to protecting the personal information of our users. In line with this commitment, we firmly assert that we do not engage in the sale of any user's personal data. This stance is a core element of our privacy practices and reflects our dedication to maintaining the trust and confidence of our users.

Definition of Data Sale: For clarity, the term "sale" of data, as used in this Privacy Policy, refers to the exchanging, transferring, or otherwise making available of a user's personal data to third parties for monetary or other valuable consideration. We understand the importance of this distinction and assure our users that their personal data will not be treated as a commodity in any business transactions.

Exceptions and Permitted Disclosures: It is important to note that this Privacy Policy does not preclude us from sharing data in ways that do not constitute a "sale" as defined above. This includes sharing information with service providers who assist us in operating our Platform, conducting our business, or serving our users, so long as these parties agree to keep this information confidential and use it solely for the purposes we have directed. Moreover, we may disclose personal data when legally required to do so, to comply with a subpoena, bankruptcy proceedings, or similar legal process, or when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request.

Transparency and User Control: We prioritize transparency in all our data practices and aim to provide our users with control over their personal data. In line with this, we ensure that users are informed about the types of data we collect, the purposes for which we collect it, and the circumstances under which it might be shared, as detailed in other sections of this Privacy Policy.

Regular Review and Updates: This No Sale of Data policy is subject to regular review and may be updated to reflect changes in our practices or legal obligations. Any updates will be communicated through revisions to our Privacy Policy, and we encourage users to review this policy periodically to stay informed about how we protect their personal information.

HOW WE SHARE DATA.

In the course of providing our services and operating our Platform, there are circumstances under which we may share the personal data we collect with certain third parties. Our approach to data sharing is governed by a commitment to user privacy and compliance with applicable data protection laws. The following outlines the scenarios in which data sharing may occur:

Service Providers and Partners: We engage with various third-party service providers and partners who perform functions on our behalf. These include hosting, data analysis, payment processing, infrastructure provision, IT services, customer service, email delivery services, and other similar services. Access to your personal data by these service providers is limited to the information reasonably necessary for them to perform their functions and they are contractually bound to maintain the confidentiality and security of the data.
Legal Compliance and Protection of Rights: We may disclose your personal data if required by law, such as to comply with a subpoena or other legal process, when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request.
Business Transfers: In the event of a merger, acquisition, reorganization, bankruptcy, or other similar event, your personal data may be transferred to our successor or affiliate or other relevant third party as part of the transaction.
Analytics and Research: We share data with third parties for analytics purposes to understand the usage patterns, preferences, and demographics of our users for enhancing our services and for market research.
Consent-Based Sharing: In specific instances, we may share your personal data with third parties based on your explicit consent. You will be notified about such potential sharing and your consent will be sought prior to any data being shared.

We implement strict contractual and technical measures to ensure that your data is handled securely and in accordance with this Privacy Policy when shared with third parties. We regularly review our data sharing practices to ensure they align with legal obligations and best practices.

DATA SECURITY.

The security of your personal data is of paramount importance to us. We are committed to implementing and maintaining rigorous technical and organizational measures to protect the data we collect and process. Our data security protocols are designed to safeguard your information against unauthorized access, alteration, disclosure, and destruction. The following outlines our comprehensive approach to data security:

Encryption and Secure Data Transmission: We employ advanced encryption technologies to ensure the secure transmission of your personal data over the internet. Our Platform uses industry-standard SSL (Secure Socket Layer) encryption to protect data in transit.

Secure Data Storage: Your personal data is stored on secure servers that are protected by advanced firewall technology and continually monitored to prevent unauthorized access. Access to these servers is strictly controlled and limited to authorized personnel only.

Third-Party Vetting and Compliance: We carefully vet all third-party service providers who handle your personal data to ensure they provide adequate security measures and are compliant with relevant data protection laws.

Continuous Improvement: We are committed to continuously improving our data security practices. We stay abreast of the latest developments in security technology and adapt our security measures to maintain the highest level of protection for your data.

We recognize the trust you place in us when you provide us with your personal data and are dedicated to maintaining that trust through our robust data security measures. Please be aware that no method of transmission over the internet or method of electronic storage is completely infallible. While we strive to use commercially acceptable means to protect your personal data, we cannot guarantee its absolute security. We encourage you to exercise caution in the transmission of any personal data and to use secure networks and encryption methods where possible.

DATA BREACH NOTIFICATION.

In the unlikely event of a data breach, we are fully committed to acting swiftly and responsibly to mitigate any potential harm. Our Data Breach Notification protocol is designed to address such situations with the utmost urgency and transparency, in full compliance with applicable data protection laws. The key components of our Data Breach Notification process are as follows:

Immediate Response and Investigation: Upon discovering a data breach, we will promptly initiate an investigation to determine the scope and impact of the incident. This involves identifying the nature of the breach, the type of data affected, the number of individuals impacted, and the potential risks associated with the breach.

Containment and Remediation: Our immediate priority is to contain the breach and prevent any further unauthorized access or dissemination of personal data. We will take all necessary steps to secure our systems, including but not limited to, temporary shutdowns, isolating affected systems, and enhancing security measures.

Notification to Authorities: In accordance with legal requirements, we will report the breach to the relevant data protection authorities without undue delay, typically within 72 hours of becoming aware of the breach, unless the breach is unlikely to result in a risk to the rights and freedoms of individuals.

Notification to Affected Individuals: If the breach poses a high risk to the rights and freedoms of individuals, we will notify the affected users directly. This notification will be clear, concise, and will provide details of the nature of the breach, the likely consequences, the measures taken to address it, and advice on steps they can take to protect themselves. Notifications will be made without undue delay, in accordance with the timeframe stipulated by applicable laws.

We understand the importance of your personal data and are committed to upholding the highest standards of data protection and breach response. Our Data Breach Notification protocol is a testament to our dedication to data security and our responsibility towards our users.

DATA RETENTION.

Our data retention policies are crafted with the utmost respect for user privacy and in strict adherence to applicable data protection laws. We are committed to retaining personal data only for as long as necessary to fulfill the purposes for which it was collected, as outlined in our Privacy Policy, and as required by law. The following principles guide our data retention practices:

Purpose-Limited Retention: We retain personal data in a manner consistent with the purposes for which it was originally collected, as detailed in the 'How We Use Data' section of this Privacy Policy. This includes retaining data for the duration necessary to provide our Platform's services, maintain our business relationships, and comply with legal obligations.

Legal, Regulatory, and Professional Standards Compliance: We retain data in compliance with applicable legal or regulatory retention periods and adhere to professional standards for Certified Public Accountants (CPAs) as follows:
- Treasury Department Circular 230: In adherence to federal tax law, we retain tax-related records and supporting documentation necessary for tax preparation and compliance services as required by Treasury Department Circular 230.
- State Boards of Accountancy: We comply with state-specific requirements set by State Boards of Accountancy, which dictate the minimum retention period for records to ensure compliance with the laws and regulations governing the practice of public accountancy in each state where we operate.
- American Institute of Certified Public Accountants (AICPA): We comply with AICPA professional standards and ethical guidelines, which may require the retention of work papers, client records, financial documents, and other relevant materials for a specified period.

User Account Information: Personal data associated with your account will be retained for as long as your account remains active. In the event of account deactivation or deletion, we will retain your data for a limited period as necessary to protect our legal interests, comply with regulatory requirements, resolve disputes, enforce our agreements, and carry out any other necessary business functions.

Data Minimization and Review: We regularly review our data retention practices to ensure that we do not retain personal data beyond the necessary period. Our aim is to minimize data retention and securely delete or anonymize personal data that is no longer required for the stated purposes.

Secure Deletion: Upon reaching the end of the retention period, personal data is securely deleted or anonymized, so it can no longer be associated with an individual. We employ industry-standard techniques to safely dispose of personal data to prevent unauthorized access or use.

Special Circumstances: In certain circumstances, we may retain data for longer periods, particularly if required by law, in the context of an ongoing legal proceeding, or as necessary to support business operations, such as fraud prevention, IT backup systems, and safeguarding the stability and security of our operations.

Retention for Research and Analysis: We may retain anonymized or aggregated data for research and analytical purposes. This data is stripped of personal identifiers and is used to gain insights that can drive improvements in our services.

CHILDREN’S PRIVACY.

Our Platform is committed to protecting the privacy of children. Consistent with the Children's Online Privacy Protection Act (COPPA) and other applicable laws and regulations, we do not knowingly collect, use, or disclose personal information from children under the age of 18.

Collection of Children’s Information: In some cases, we may collect personal information about children under the age of 18 from their parents or guardians. This information is typically collected for specific purposes, such as tax preparation, financial planning, or other services directly related to the needs of the child and their family. The information collected will be used solely for the purpose for which it was provided, in accordance with this Privacy Policy.

Parental Consent and Involvement: We require the consent of a parent or guardian before collecting, using, or disclosing personal information from children under the age of 18. If we become aware that we have collected personal information from a child without the appropriate consent, we will take immediate steps to delete the information. We encourage parents and guardians to take an active role in their children's activities and to contact us if they have any concerns about their child's information.

Use and Disclosure of Children’s Information: Any personal information collected about children will only be used for the specific services requested by the parent or guardian, such as preparing tax documents or planning for educational expenses. We do not use or disclose this information for any other purpose, except as required by law.

Access and Deletion Requests by Parents or Guardians: Parents or guardians have the right to access, correct, or request the deletion of their child’s personal information that we have collected. If you believe that we have collected information about your child, you may contact us at any time to make such a request.

Commitment to Data Security: We understand the importance of safeguarding children’s privacy and security online. We implement stringent security measures to protect children's personal information and comply with relevant legal requirements pertaining to data protection and privacy.

Updates to our Children’s Privacy Policy: This policy may be updated periodically to reflect changes in our practices or legal requirements. We encourage parents and guardians to review this policy regularly.

Reporting Concerns: We take concerns about children's privacy seriously. If you have any questions or concerns about our Children's Privacy Policy or our practices concerning children’s personal data, please contact us using the information provided in the "Contact Us" section.

USER RIGHTS.

In alignment with our commitment to data privacy and in compliance with applicable data protection laws, we acknowledge and support the following rights of our users regarding their personal data. These rights are integral to our privacy practices and provide users with control and transparency over their personal information.

Right to Access: You have the right to request access to the personal data we hold about you. This includes the right to be informed of the nature, processing, and disclosure of your personal data.

Right to Rectification: If your personal data is inaccurate or incomplete, you have the right to request that we correct or complete it.

Right to Erasure (‘Right to be Forgotten’): You may request the deletion or removal of your personal data when there is no compelling reason for its continued processing.

Right to Restrict Processing: Under certain conditions, you have the right to ‘block’ or suppress further use of your personal data.

Right to Data Portability: Where applicable, you have the right to receive, in a structured, commonly used, and machine-readable format, the personal data you have provided to us, and the right to transmit that data to another controller.

Right to Object: You have the right to object, on grounds relating to your particular situation, at any time to the processing of your personal data, including profiling, especially in the case where data processing is based on the grounds of legitimate interests.

Right to Withdraw Consent: If the processing of your personal data is based on consent, you have the right to withdraw that consent at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.

Right to Non-Discrimination: We will not discriminate against you for exercising any of your privacy rights. Exercising these rights will not result in any negative consequences or a lower quality of service.

Automated Decision-Making and Profiling Rights: You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you.

Right to Lodge a Complaint: You have the right to lodge a complaint with a supervisory authority if you believe our processing of your personal data violates applicable data protection laws.

Process for Exercising Rights: To exercise any of these rights, please contact us using the contact information provided. We will respond to your request in accordance with applicable law and within any legally required time frame.

Verification of Requests: To protect your privacy and security, we may take steps to verify your identity before complying with the request.

We are dedicated to upholding these rights and ensuring that you have full control over your personal data. Our practices are continually reviewed and updated to comply with evolving data protection laws and regulations.

HOW TO EXERCISE YOUR RIGHTS.

Submitting Requests: To exercise any of your rights, you are invited to submit a formal request via email to our designated Privacy Rights email address at legal@rodandassociates.com. This dedicated channel ensures that your inquiries are handled promptly and efficiently.

Identity Verification: Upon receipt of your request, we may need to verify your identity to protect your data from unauthorized access. This verification may require you to provide additional information, such as a copy of a government-issued identification or answering security questions related to your account.

Timely Response: We are committed to responding to your request within the time frame required by applicable law, typically within one month of receiving a verifiable request. If we require more time, we will inform you of the reason and extension period in writing.

Assistance: If you have questions about the type of personal data we hold about you or the ways in which we use it, we are available to provide the necessary clarifications. Please reach out to us directly at legal@rodandassociates.com. We strive to ensure you have a full understanding and control over your personal data.

Cost-Free Process: You will not be required to pay a fee to access your personal data or to exercise any of your rights. However, we may charge a reasonable fee if your request is clearly unfounded, repetitive, or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

Legal Limitations: There may be situations where we are legally permitted or required to deny your request or where exceptions to your rights apply. If we cannot comply with your request, we will explain the reasons to you.

Ongoing Support: Our commitment to your privacy does not end with the submission of a request. We will continue to provide assistance and support as you exercise your rights and will ensure ongoing compliance with all data protection laws and regulations.

DO NOT TRACK SIGNALS.

Our Platform currently does not respond to "Do Not Track" (DNT) signals from web browsers. DNT is a privacy preference that you can set in your web browser to indicate your preference regarding the tracking of your online activities.

While many web browsers support the DNT feature, there is no standard interpretation or industry consensus regarding the meaning of DNT signals. As a result, our Platform does not currently recognize or respond to DNT signals.

Please note that even if you have enabled the DNT feature in your web browser, certain third-party services integrated into our Platform may still collect and track your online activities in accordance with their own privacy policies. We encourage you to review the privacy policies of these third-party services for more information on their tracking practices.

MODIFICATION.

We reserve the right to modify or update this Privacy Policy at any time. Any changes we make will be effective immediately upon posting the revised Privacy Policy on our Platform. We encourage you to review this Privacy Policy periodically to stay informed about how we collect, use, and protect your information.

By continuing to use our Platform after any changes to this Privacy Policy, you acknowledge and agree to the updated terms. It is your responsibility to review this Privacy Policy periodically and ensure that you are aware of any modifications. If you disagree with any changes, you should discontinue your use of our Platform and contact us if you would like to request the deletion of your personal information.

Please note that any provision of this Privacy Policy that imposes an obligation on you or grants us a right will survive the termination or expiration of this Privacy Policy or your use of our Platform.

WEB BEACONS.

What are Web Beacons: Web beacons are small graphic images or other web programming code that can be included in our web pages and e-mail messages. Invisible to the user, these beacons are typically as small as a single pixel and function in a similar manner to cookies.

How They Work: Web beacons are used to track online movements of web users or to access cookies. They help us understand how users interact with our Platform by transmitting information back to us or our partners.

User Engagement Tracking: Web beacons track user behavior on our Platform, such as page views and email interaction. This information helps us understand user preferences and improve the content and functionality of our Platform.

Email Communications: In our email communications, web beacons allow us to determine whether our emails are opened and if the links within them are clicked. This data assists us in making our communications more relevant and informative for our users.

Advertising and Marketing Analysis: We use web beacons to gauge the effectiveness of our advertising campaigns. By understanding user interactions and responses to our marketing efforts, we can tailor our strategies to better meet user interests and needs.

Site Performance and Analytics: Web beacons contribute to our analytics by gathering aggregate data. This includes analyzing trends, administering the site, and gathering demographic information about our user base as a whole.

Opting Out: While web beacons are inherently anonymous, you have the option to control their use through various browser settings and third-party tools. Disabling cookies in your browser will also limit the functionality of web beacons associated with those cookies.

CONTACT US.

We value open communication with our users and welcome any questions, concerns, or feedback regarding this Privacy Policy or our data handling practices. Our dedicated team is committed to addressing your inquiries and providing timely and clear responses. Please find below the various channels through which you can reach us:

Email Communication: For direct and convenient communication, you can email us at info@rodandassociates.com. We aim to respond to all email inquiries within a reasonable time frame. Response times may vary depending on the complexity of the inquiry and the resources required to provide a comprehensive answer. Please note that we do not provide technical guidance, consultations, advice, or perform any services, either in writing or verbally, unless a formal engagement agreement has been executed. This agreement must clearly define the scope, limitations, expectations, and payment terms for the services rendered. General inquiries that do not involve technical advice or require formal engagement may be addressed at our discretion.

Contact Form: We also offer a contact form on our Platform. This form is a quick way to reach out to us with any questions or feedback. The form is accessible through the 'Contact Us' section on our website.

Accessibility: We are committed to ensuring that our communication channels are accessible to all our users, including those with disabilities. If you require any special accommodations, please let us know, and we will do our best to assist you.

Language Support: Our customer service team is available to assist clients in English and Spanish only. We do not provide support in other languages at this time.

We are dedicated to providing a prompt response to all inquiries. If your issue requires more in-depth investigation, we will keep you informed about the status of your query and provide a timeframe for resolution.

Terms of Service

Last Updated: September 12, 2024

Thank you for choosing to visit Rod & Associates LLC, herein referred to as "Company", “Rod & Associates”, "We", "Us", or "Our". Rod & Associates refers to the global network of independent firms operating under the Rod & Associates brand, which includes various member firms, each functioning as an independent legal entity. Rod & Associates LLC, a Georgia limited liability company, oversees management and facilitates coordination between member firms in the Rod & Associates network but does not directly provide client services. For the purposes of these Terms, the terms "affiliates," "subsidiaries," and "member firms" refer to any company or entity under common control with, controlled by, or controlling Rod & Associates LLC.

The following Terms and Conditions ("Terms") delineate the governing framework for your access, interaction, and use of all features, functionalities, services, content, and offerings presented, facilitated, or offered through our official website, sub-domains, affiliated platforms, and Service (collectively, "the Platform"). You, as the user of the Platform, and us, the Company, may collectively be referred to as “Parties” within these Terms.

Our Platform is designed to provide you with an in-depth understanding of our services, offerings, and operations, and to facilitate your interaction and engagement with us. By accessing, browsing, registering, or engaging in any form of interaction on or through our Platform, you willingly and expressly acknowledge, accept, and agree to be bound, without limitation or qualification, by these Terms. Furthermore, you confirm that you possess the legal authority to enter into this agreement, and that you will abide by all of its stipulations. By using this Platform and submitting forms, you confirm that you are at least 18 years of age or older. Form submissions by individuals under 18 are not permitted.

It is imperative that you read and comprehend these Terms in their entirety before proceeding. If, for any reason, you disagree with or cannot comply with these Terms, we urge you to refrain from using our Platform. Continued use of our Platform signifies your informed consent, agreement, and compliance with these Terms and any future revisions thereof.

In addition to these Terms, you are also bound by our Privacy Policy, which explains our practices concerning the collection, use, and sharing of your personal information. By agreeing to these Terms, you also consent to the data practices stated in our Privacy Policy.

We reserve the right to modify, amend, replace, or terminate these Terms at any point in time, at our sole discretion. It remains your responsibility to periodically review these Terms for any updates or changes. Your continued use of our Platform post any modifications signifies your acceptance of the amended Terms.

SERVICE DESCRIPTION.

Rod & Associates provides a comprehensive range of professional services, including accounting, tax preparation, consulting, and corporate support services. Our services are designed to support businesses and individuals in managing their financial, tax, and business affairs with precision, compliance, and strategic insight. The use of our Platform is intended to facilitate access to these services and to provide a secure environment for communication and document exchange between you and our team.

Scope of Services: Our Platform is intended to provide detailed information about the following services:

Accounting Services: We offer accounting and bookkeeping services to businesses of all sizes, which may include the preparation of financial statements, reconciliation of accounts, financial reporting, and other accounting functions.
Tax Preparation and Compliance: Our tax services include preparation and filing of tax returns, tax planning, and compliance for individuals, businesses, and other entities. These services are performed by qualified professionals with expertise in applicable local, state, federal, and international tax regulations.
Consulting Services: We provide consulting services to businesses and individuals, including strategic financial advice, business planning, operational consulting, and other advisory services tailored to meet the specific needs of our clients.
Corporate Support Services: We offer various corporate support services, such as payroll management, human resources support, compliance management, and other administrative services to help businesses streamline their operations.

Client Intake and Application Process: New clients interested in our services must first complete a preliminary application through our website. This application collects general information such as your budget, income, and service needs to help us understand your requirements and provide an initial assessment. No sensitive or confidential documents (such as tax returns or financial statements) are requested or collected during this initial step. If, after reviewing your preliminary application, we determine that more information is needed or that your application is approved for further consideration, you will be invited to create an account on our secure ShareFile portal. Through this portal, you can securely upload any additional documents that may be necessary for us to provide a detailed quote or to proceed with our services. Furthermore, exclusively for Tax and Tax-related Services Applications, Rod & Associates does not request taxpayer identification information (such as Social Security Numbers (SSNs), Taxpayer Identification Numbers (TINs), or other sensitive tax-related data) through our website. All sensitive tax matters, including the collection of taxpayer information, are handled exclusively through IRS-approved third-party tax software, ensuring compliance with the IRS Assurance Testing System (ATS) requirements.

Secure Document Exchange for Existing Clients: For existing clients, we use the ShareFile portal to securely exchange sensitive documents, such as tax returns, financial statements, and other confidential information, required for the provision of our services. The portal ensures that all data transmissions are protected by robust security measures.

Service Limitations and Modifications: Rod & Associates reserves the right to modify or discontinue, temporarily or permanently, any part of our services or the Platform without notice. We may impose limits on certain features or restrict access to parts or all of the Platform without liability or notice, for purposes such as maintaining the security and integrity of the Platform, ensuring compliance with legal obligations, or enhancing the user experience.

Rod & Associates may offer promotional discounts, complimentary services, or pro bono work, all of which will adhere to the highest professional and ethical standards as required by the AICPA, Treasury Department Circular 230, and the Georgia State Board of Accountancy. All such services will be performed with the same level of care, diligence, and expertise as our standard full-priced services.

Please note that any promotional or complimentary service does not create a client relationship unless expressly formalized in writing through an engagement agreement. These offers are subject to specific limitations and conditions, which will be clearly communicated prior to the commencement of any services. Rod & Associates reserves the right to offer or withhold such promotions in certain states and jurisdictions, in accordance with applicable state regulations, professional standards, and relevant laws.

Participants in any promotional offer must carefully review and accept the specific terms and conditions associated with the offer before participation. All promotional offers will have clearly defined start and end dates, which will be provided in advance.

Rod & Associates, along with its affiliates, members, subsidiaries, etc. does not perform attest services, including but not limited to audits, reviews, or compilations under the Statements on Standards for Accounting and Review Services (SSARS) issued by the American Institute of Certified Public Accountants (AICPA). Our firm adheres strictly to AR-C Section 70 and related standards for preparing financial statements but does not engage in assurance services that would provide opinions or reports on the accuracy or fairness of financial statements.

Attest services, such as audits and reviews, require adherence to specific regulatory frameworks designed to provide assurance on financial statements, and these services can only be offered by firms authorized and registered to do so. Rod & Associates does not offer assurance or attestation services of any kind, including those related to financial statement audits or reviews for compliance with Generally Accepted Auditing Standards (GAAS) or other regulatory requirements.

All limitations of our services are clearly outlined in our legally binding Engagement Letters in full compliance with AR-C Section 70, the AICPA standards, Treasury Department Circular 230, and the rules established by various State Boards of Accountancy. Our engagement letters detail the scope, terms, and limitations of the services provided, ensuring clarity, professionalism, and adherence to all applicable regulations.

Clients requiring attest services should engage a licensed CPA firm or auditor for these needs. If audit or assurance services are required, clients should engage an appropriately licensed external provider qualified to perform these attest functions.

ACCOUNT CREATION.

To access certain features and functionalities of our Platform, including the secure exchange of documents and communication related to our professional services, you will be required to create an account through our secure portal, specifically the ShareFile platform. By creating an account, you agree to the following terms:

Account Registration: To create an account, you must provide accurate, current, and complete information as requested during the registration process. You are responsible for maintaining the accuracy of this information and updating it promptly if there are any changes. Providing false or misleading information may result in the suspension or termination of your account.
Account Security: You are solely responsible for maintaining the confidentiality and security of your account credentials, including your username and password. You agree to notify Rod & Associates immediately if you suspect or become aware of any unauthorized use of your account or any other breach of security. You are also responsible for all activities that occur under your account, whether or not you authorized such activities.
Authorized Use: Your account is for your personal or authorized business use only. You may not transfer, assign, or share your account credentials with any other person or entity without our express written consent. Unauthorized use of your account may result in the suspension or termination of access to our Platform and services.
Account Termination or Suspension: Rod & Associates reserves the right, at our sole discretion, to suspend, restrict, or terminate your account and access to the Platform at any time, without notice, for any reason, including but not limited to:
- Violation of these Terms or any other policies or agreements applicable to your use of the Platform.
- Providing false, inaccurate, or misleading information during the account creation process or at any other time.
- Engaging in any unauthorized or unlawful activities or any conduct that may harm Rod & Associates, our users, or third parties.
- Inactivity or non-use of your account for an extended period, as determined by us.

Notwithstanding the suspension or termination of your account, Rod & Associates will comply with its professional and legal obligations, including the AICPA Code of Professional Conduct and Treasury Department Circular 230. We will ensure that clients have timely access to their records, such as documents provided by the client or those required for tax filings and regulatory compliance. Additionally, any completed documents or services, such as finalized tax returns or financial statements, will remain accessible to the client upon request, to fulfill their obligations or for other legitimate purposes.

Data Protection and Privacy: By creating an account, you acknowledge that you have read and understood our Privacy Policy and consent to the collection, use, and storage of your personal information in accordance with its terms. We are committed to protecting your personal data and ensuring your privacy. Your information will be handled in accordance with applicable data protection laws and regulations.
Account Closure by User: You may close your account at any time by contacting us directly. Upon account closure, we will deactivate your account and cease all associated services, subject to any applicable legal or regulatory retention requirements.
Notification of Changes: You agree to promptly notify Rod & Associates of any changes to your account information, including contact details, to ensure we can communicate with you effectively regarding your services and account status.
No Liability for Unauthorized Access: Rod & Associates is not liable for any loss or damage arising from your failure to comply with this Account Creation section or any unauthorized access to your account, except as required by law.

By creating an account on our Platform, you agree to adhere to these terms and conditions and to be fully responsible for any and all activities conducted under your account.

USER OBLIGATIONS.

By accessing or using our Platform, you agree to comply with the following obligations. These obligations are essential to maintaining a secure, lawful, and respectful environment for all users and ensuring the effective delivery of our services:

Compliance with Laws and Regulations: You agree to use the Platform in compliance with all applicable local, state, national, and international laws, regulations, and industry standards. You are solely responsible for your conduct and any content that you upload, submit, or transmit through the Platform.
Accurate Information: You agree to provide accurate, current, and complete information when using the Platform, including during the account creation process. You agree to promptly update any information as necessary to maintain its accuracy. Misrepresentation or providing false information may result in the termination or suspension of your account and access to our services.
Responsible Use of the Platform: You agree not to use the Platform:
- To engage in any activity that is illegal, fraudulent, abusive, defamatory, obscene, threatening, invasive of privacy, or otherwise objectionable.
- To impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
- To upload, transmit, or distribute any material that contains viruses, malware, or any other harmful or malicious code designed to disrupt, damage, or limit the functionality of any software, hardware, or telecommunications equipment.
- To interfere with or disrupt the operation, integrity, or security of the Platform or any servers or networks connected to the Platform.
- To access, or attempt to access, another user's account or personal information without authorization.
Protection of Account Credentials: You are responsible for maintaining the confidentiality of your account credentials and for any and all activities that occur under your account. You agree to notify Rod & Associates immediately of any unauthorized use of your account or any other breach of security. We are not liable for any loss or damage resulting from your failure to comply with this obligation.
Use of Provided Services: You agree to use our services solely for lawful and legitimate business purposes related to accounting, tax preparation, consulting, or corporate support, as described in these Terms and on our Platform. You agree not to misuse or abuse any service provided by Rod & Associates or its affiliates.
Respect for Intellectual Property: You acknowledge that all content, materials, and intellectual property provided on the Platform, including but not limited to text, graphics, logos, images, and software, are the property of Rod & Associates or its licensors and are protected by copyright, trademark, and other intellectual property laws. You agree not to copy, reproduce, modify, distribute, create derivative works from, or otherwise exploit any part of the Platform without prior written consent from Rod & Associates.
Confidentiality: You agree to maintain the confidentiality of any proprietary or confidential information you may receive or access through the Platform, including any sensitive financial or personal information provided to you in connection with our services. You agree not to disclose, share, or use this information for any unauthorized purposes.
Prohibition on Unauthorized Access and Use: You agree not to attempt to gain unauthorized access to any part of the Platform, other accounts, or computer systems or networks connected to the Platform through hacking, password mining, or any other means. You agree not to interfere with or disrupt the security, integrity, or performance of the Platform.
Notification of Changes: You agree to promptly notify Rod & Associates of any changes to your contact information or any other relevant details necessary for the provision of services or communication regarding your account.
Adherence to Platform-Specific Rules: You agree to comply with any additional rules or guidelines that may be posted on the Platform from time to time, including specific rules related to the use of our secure document portal or other specialized services.
Consequences of Violation: Any violation of these obligations may result in the immediate suspension or termination of your account and access to our services. Rod & Associates reserves the right to seek any remedies available under law for such violations, including but not limited to damages and injunctive relief.

By using our Platform, you acknowledge and agree to abide by these obligations. Your compliance helps us maintain a safe, secure, and respectful environment for all users and allows us to provide high-quality services effectively.

LIMITATION OF LIABILITY.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ROD & ASSOCIATES, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS (COLLECTIVELY, “ROD & ASSOCIATES PARTIES”) SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO:

Use of the Platform: Any use of or inability to use the Platform, including any errors, omissions, interruptions, defects, delays in operation or transmission, or any other technical or non-technical issue that affects access to or use of the Platform.
Unauthorized Access or Alteration: Any unauthorized access to or use of our servers and/or any personal, financial, or other information stored on our servers, including any breach of security, hacking, data breach, or other unauthorized activities by third parties.
Errors and Omissions in Content: Any errors, inaccuracies, or omissions in any content available through the Platform, or any actions taken in reliance on such content, including financial, legal, or tax advice provided through our services. Users acknowledge that such content is provided for general informational purposes only and does not substitute for professional advice tailored to specific circumstances.
Third-Party Links and Resources: Any content or resources provided by third-party websites linked to or from our Platform, including the accuracy, completeness, or legality of any information, products, or services available on or through such third-party sites. The inclusion of any link does not imply endorsement by Rod & Associates.
Data Loss or Corruption: Any loss or corruption of data, files, or other information uploaded, downloaded, or otherwise transmitted through the Platform, whether caused by technical malfunctions, unauthorized access, user error, or any other reason.
Service Interruptions: Any interruptions, delays, or cessation of service or functionality on the Platform due to maintenance, updates, unforeseen technical issues, or circumstances beyond our reasonable control, such as acts of God, war, terrorism, civil unrest, labor disputes, or other force majeure events.
Limitation of Total Liability: IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF ROD & ASSOCIATES PARTIES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE PLATFORM EXCEED THE AMOUNT YOU HAVE PAID TO ROD & ASSOCIATES, IF ANY, FOR ACCESSING OR USING THE PLATFORM DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
No Liability for Professional Advice: While Rod & Associates may publish general information related to accounting, tax, consulting, and corporate support services on our Platform, such as blogs, articles, or newsletters, this information is for informational purposes only and does not constitute professional advice. Users should not rely solely on the general information provided on our Platform to make decisions regarding their specific circumstances. Rod & Associates provides professional advice and services only through a formal engagement with a client, which is governed by a separate engagement agreement that defines the scope, limitations, and terms of the services provided. Any general information on the Platform is not a substitute for professional advice tailored to your specific needs. Rod & Associates shall not be liable for any decisions made or actions taken based on the general information provided on the Platform. We encourage you to consult directly with our professionals or seek tailored advice for your specific situation.
Disclaimer of Warranties: Rod & Associates makes no representations or warranties of any kind, whether express or implied, regarding the Platform's availability, functionality, security, or accuracy. The Platform and all content, services, and features are provided on an "as-is" and "as-available" basis. To the fullest extent permitted by law, we disclaim all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Jurisdictional Limitations: Some jurisdictions do not allow the exclusion or limitation of certain liabilities or damages. In such jurisdictions, the liability of Rod & Associates Parties shall be limited to the maximum extent permitted by law.

Rod & Associates is not a law firm and does not provide legal advice or representation in any legal proceedings, including but not limited to tax court or other litigation. Our services focus exclusively on professional accounting, tax preparation, consulting, and corporate support. Neither Rod & Associates nor its employees are licensed to practice law or have any legal affiliations. We do not offer legal advice, and we cannot represent clients in legal disputes or court proceedings.

Clients dealing with tax disputes, regulatory challenges, or other legal matters should seek independent legal counsel. For any situation requiring legal expertise, such as court representation, contract review, dispute resolution, or legal filings, clients must consult a licensed attorney. Engaging Rod & Associates for any service does not create an attorney-client relationship, and any communication with our team should not be construed as legal advice. By using the Platform, you acknowledge and agree that you fully assume all risks associated with your use of the Platform and that the limitations of liability set forth in these Terms are reasonable and reflect the allocation of risk between the Parties.

NATURE OF THE RELATIONSHIP.

Rod & Associates and you, whether as a user or a client, do not share a relationship of employee, independent contractor, partner, agent, or joint venture. For clarity, the term "client" is defined as an individual or entity that has entered into a formal engagement with Rod & Associates by signing an engagement letter and, where applicable, providing any required upfront payment. This client relationship is considered active from the time both the engagement letter is signed and the payment is received, lasting until the services are fully rendered or as otherwise specified in the agreement.

Our services, which may include accounting, tax preparation, consulting, or corporate support, are performed under a legally binding engagement letter or contract. This document details the scope, terms, limitations, and fees for the services provided, ensuring transparency and compliance with professional standards set by relevant authorities, such as the AICPA, Treasury Department Circular 230, and state-specific boards of accountancy.

These Terms, or any other agreements, do not create a relationship that grants either party the authority to act as an employee, partner, joint venture, or agent of the other. Neither party has the power to make decisions or commitments on behalf of the other, except when specifically agreed upon in writing.

Rod & Associates requires a signed engagement letter before any service can begin, whether it is provided free of charge, at a discounted rate, or fully priced. This document is essential for all service engagements and details the scope of work, limitations, terms of payment, roles, and obligations of both the client and Rod & Associates.

We do not offer consultations, guidance, technical advice, or services in any form, whether written or verbal, without a fully executed engagement letter that clearly defines the terms, expectations, and scope of our services. This process ensures that both parties understand their responsibilities and avoids potential miscommunication.

All engagement letters comply with relevant professional standards and regulations, including those set forth by the Treasury Department, AICPA, and state accountancy boards. No services will begin until all necessary documentation, including initial payments or deposits specified in the engagement letter, is received and verified. This policy is in place to maintain compliance, ensure clarity, and protect both Rod & Associates and its clients. Rod & Associates reserves the right to withdraw from any engagement or decline to accept a client if proceeding would violate professional standards or ethical guidelines, as established by the AICPA Code of Professional Conduct, Treasury Department Circular No. 230, the standards of the Georgia State Board of Accountancy, or other applicable State Boards of Accountancy, as well as our internal company policies and protocols. We are firmly committed to upholding the principles of integrity, independence (where required), and objectivity in all client engagements. If maintaining the engagement would result in a breach of these principles, Rod & Associates will exercise its discretion to take all necessary actions in accordance with applicable professional and ethical standards.

PROHIBITED USES.

Users are required to adhere to specific standards of conduct to maintain the integrity and functionality of the Service. The following activities are strictly prohibited on the Service and constitute a violation of these Terms:

Illegal Activities: Users shall not use the Service for any unlawful purposes, nor in furtherance of illegal activities. This includes, but is not limited to, engaging in fraud, theft, or any other criminal behavior.

Infringement of Intellectual Property: Users are prohibited from posting, uploading, sharing, or otherwise distributing any content that infringes upon the intellectual property rights of others, including copyrights, trademarks, patents, trade secrets, or any other proprietary rights.

Harassment and Abuse: Users must not engage in harassment, bullying, stalking, or any other behavior that is intended to threaten, intimidate, or coerce other users or individuals. This includes the use of abusive, defamatory, offensive, or obscene language and content.

Misrepresentation and Impersonation: Users are forbidden from impersonating any person or entity, or falsely stating or otherwise misrepresenting their affiliation with a person or entity. This also includes providing false or misleading information during the account creation or verification process.

Spam and Malware Distribution: Users must not use the Service to transmit spam, including unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation. The distribution of viruses, malware, or any other harmful or destructive software or data is also strictly prohibited.

Interference with the Service: Users shall not interfere with or disrupt the Service or servers or networks connected to the Service, nor disobey any requirements, procedures, policies, or regulations of networks connected to the Service.

Data Mining and Scraping: Unauthorized data mining, scraping, or similar data gathering and extraction tools or techniques on the Service are prohibited.

Content Violations: Users are prohibited from posting or transmitting content that is violent, pornographic, discriminatory, or otherwise offensive or inappropriate, as determined in the sole discretion of Rod & Associates.

Bypassing Security Measures: Attempting to bypass any measures Rod & Associates may use to prevent or restrict access to the Service, including attempting to access areas or features of the Service for which the user does not have access rights, is strictly prohibited.

Violations of these prohibited uses may lead to immediate termination of the user's account and legal action, where appropriate.

DATA PRIVACY.

Commitment to Privacy: At Rod & Associates, we are deeply committed to maintaining the trust and confidence of our users. We understand that when you choose to provide us with information about yourself, you trust us to act responsibly and in your best interests, hence we take that trust seriously and are committed to ensuring the privacy and security of your personal information.

Collection of Data: We may collect various types of information, including personal and non-personal data, as you interact with our Platform. Personal data could include your name, email address, or physical address.

Use of Data: Your data aids us in offering a more tailored and user-friendly experience, processing your orders efficiently, responding to your inquiries promptly, and keeping you informed about our latest products and offerings.

Privacy Policy: For a more detailed understanding of how we collect, use, and protect your personal data, please refer to our comprehensive Privacy Policy. By using our Platform, you consent to the practices detailed in our Privacy Policy.

Changes to the Provision: We may update this DATA PRIVACY provision from time to time. Any changes will be effective immediately upon posting the updated provision on our Platform. Your continued use of our Platform following such updates signifies your acceptance of the changes.

INDEMNIFICATION.

Obligation to Indemnify: YOU HEREBY AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS ROD & ASSOCIATES, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, CONSULTANTS, SUPPLIERS, AND ANY THIRD-PARTY WEBSITE PROVIDERS FROM AND AGAINST ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES, COSTS, EXPENSES, FEES (INCLUDING REASONABLE ATTORNEYS' FEES AND COSTS) THAT SUCH PARTIES MAY INCUR AS A RESULT OF OR ARISING FROM YOUR (OR ANYONE USING YOUR ACCOUNT’S) VIOLATION OR BREACH OF ANY REPRESENTATION OR OBLIGATION UNDER THESE TERMS OR YOUR USE OF OUR PLATFORM OR THE SERVICES OR PRODUCTS WE OFFER.

Cooperation and Defense: You agree to cooperate fully in the defense of any claim challenged or questioned under this indemnification provision. Rod & Associates reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any matter without the written consent of Rod & Associates.

Continuous Effect: This indemnification provision shall remain in full force and effect regardless of any investigation made by or on behalf of the indemnified party or any officer, director, or employee of such indemnified party and shall survive the termination of your use of our Platform or any services or products we offer.

No Limitation: Your indemnification obligations cover claims against you and Rod & Associates alike, including situations where you have acted negligently or in a manner that may not align with the best interests of Rod & Associates.

THIRD PARTY LINKS.

External Links Disclaimer: The Platform may contain links to external websites and resources provided by third parties. These links are provided for your convenience and information only. The inclusion of any link does not imply endorsement, approval, or control by the Company of the external site or its contents. These third-party sites have their own terms and conditions and privacy policies, which we do not govern or endorse.

User Discretion Advised: When you access third-party websites, you do so at your own risk. You acknowledge that different terms of use and privacy policies may apply to your use of such third-party services and content. We encourage you to review the terms and privacy policies of any third-party website or service that you visit.

No Liability for Third-Party Websites: The Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, or services available on or through any such third-party websites or services. We do not guarantee the accuracy, completeness, or usefulness of any information on third-party websites and do not warrant the safety or legality of any third-party website or service.

No Affiliation or Endorsement: The presence of links to third-party websites does not constitute an affiliation with, endorsement of, or sponsorship by the Company of those websites, their operators, or the content, products, or services contained or accessible through those websites.

Changes and Removal of Links: We reserve the right, at any time and without notice, to add to, change, update, or modify our Platform, including the removal or alteration of any third-party links. However, we do not have any obligation to review, monitor, check, or remove any third-party content or websites.

INTELLECTUAL PROPERTY.

All content, materials, and intellectual property featured or displayed on the Platform, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, software, data compilations, page layout, design, and any other content (collectively, "Content"), are the exclusive property of Rod & Associates, its affiliates, or its licensors and are protected by applicable copyright, trademark, patent, trade secret, and other intellectual property laws.

Ownership of Intellectual Property: Rod & Associates and its licensors retain all rights, title, and interest in and to the Platform and its Content. The use of the Platform does not grant you any ownership or intellectual property rights in the Platform or the Content, except as expressly provided in these Terms.
License to Use the Platform: Rod & Associates grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform and its Content solely for your personal or authorized business use, as permitted by these Terms. This license does not include any resale or commercial use of the Platform or its Content; any derivative use of the Platform or its Content; or any use of data mining, robots, or similar data gathering and extraction tools.
Restrictions on Use: You agree not to:
- Copy, reproduce, modify, create derivative works from, display, perform, publish, distribute, transmit, broadcast, or otherwise exploit any portion of the Platform or its Content without the prior written consent of Rod & Associates.
- Remove, alter, obscure, or interfere with any copyright, trademark, or other proprietary rights notices displayed on or within the Platform or its Content.
- Reverse engineer, decompile, or disassemble any part of the Platform, except to the extent that such activity is expressly permitted by applicable law.
Trademarks: All trademarks, service marks, logos, trade names, and trade dress (collectively, "Trademarks") displayed on the Platform are the property of Rod & Associates or their respective owners. The use of any Trademarks without the express written consent of Rod & Associates or the respective owner is strictly prohibited. Nothing on the Platform or in these Terms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Platform without our written permission or that of the third-party rights holder.
User-Generated Content: If you submit or post any content, including but not limited to documents, images, feedback, comments, or other materials ("User-Generated Content"), on or through the Platform, you hereby grant Rod & Associates a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User-Generated Content, in whole or in part, in any form, media, or technology, whether now known or hereafter developed, for the purposes of providing our services or improving the Platform.
Reporting Intellectual Property Violations: If you believe that any content on the Platform infringes your intellectual property rights, please contact us with detailed information about the alleged infringement, including a description of the content, the location on the Platform, and proof of your ownership of the intellectual property rights. Rod & Associates reserves the right to remove or disable access to any content that it believes, in its sole discretion, may infringe the intellectual property rights of others.
Reservation of Rights: Rod & Associates reserves all rights not expressly granted in these Terms. No part of the Platform or its Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way without the express prior written consent of Rod & Associates, except as expressly permitted in these Terms.

DISPUTE RESOLUTION.

Mediation: If the parties are unable to resolve the dispute through direct negotiations, they agree to endeavor to settle the dispute through mediation administered by a neutral mediator before resorting to litigation or any other dispute resolution procedure. The parties will jointly appoint an agreeable mediator and will share equally in the costs of such mediation.

Binding Arbitration: If mediation proves unsuccessful, either party may initiate binding arbitration. Such arbitration shall be administered by a recognized arbitral body mutually agreed upon by the parties. The judgment rendered by the arbitrator may be entered in any court having jurisdiction thereof. Each party shall bear its own costs in the arbitration and shall share equally the costs of the arbitrator.

Exceptions: Notwithstanding the above clauses, Rod & Associates reserves the right to seek injunctive relief or file for damages in any court of competent jurisdiction in cases where Rod & Associates believes that its intellectual property rights have been violated or where it deems necessary to protect its business interests.

GOVERNING LAW.

Jurisdiction & Applicability: These Terms, including all agreements and policies incorporated by reference, shall be governed by, and construed in accordance with, the laws of the State of Georgia, without giving effect to any principles of conflicts of laws thereof that would lead to the application of the laws of another jurisdiction.

Scope: The laws of the State of Georgia shall govern all matters arising out of or relating to these Terms, including, without limitation, its validity, interpretation, construction, performance, and enforcement.

Exclusivity: Both parties agree that any legal action or proceeding arising out of or in connection to the obligations, rights, and remedies of parties under these Terms shall be brought exclusively in the courts of Cobb County, Georgia. Each party consents and submits to the exclusive jurisdiction of these courts in any such action or proceeding and waives any objection to venue or inconvenient forum.

International Use & Compliance: If you access our Platform from outside the United States, you are responsible for compliance with local laws. Rod & Associates makes no representation that materials or content available through our Platform are appropriate or available for use outside of the United States, and accessing them from territories where their contents are illegal is prohibited.

Waiver of Class Action: You and Rod & Associates agree that any proceedings to resolve or litigate any dispute will be conducted on an individual basis and not as a class action or other representative action, whether within a class-wide arbitration, by a class action, or otherwise. Both parties expressly waive any ability to maintain any class action in any forum.

AMENDMENTS.

We reserve the right to modify, update, or change these Terms at any time and without prior notice. Any modifications will be effective immediately upon posting on our Platform. It is your responsibility to review these Terms periodically to stay informed of any updates or changes. By continuing to access our website and use our services after the modifications have been made, you agree to be bound by the revised Terms.

Changes to Terms: We may modify these Terms to reflect changes in our business practices, legal requirements, or improvements to our services. We will make reasonable efforts to provide notice of material changes to these Terms. Such notice may be provided through our website, by email, or by other means we deem appropriate. It is your responsibility to review the updated Terms.
Continued Use: By continuing to access our website and use our services after the modifications have been made, you indicate your acceptance of the modified Terms. If you do not agree with the modified Terms, you should discontinue using our Platform and services.
Effect on Prior Agreements: Any modifications to these Terms will apply prospectively and will not affect any rights or obligations that arose prior to the effective date of the modifications. If you have entered into any separate agreements with us, the terms of those agreements will prevail in the event of any inconsistency with these Terms, unless expressly stated otherwise.
Right to Terminate: We reserve the right to terminate, suspend, or restrict your access to our website and services, in whole or in part, at our sole discretion and without liability, if you fail to comply with these Terms or for any other reason we deem necessary.

Please note that any modifications to these Terms will not affect our commitment to protecting your privacy and maintaining the confidentiality and security of your personal information. Our privacy practices are governed by our Privacy Policy.

WAIVER.

No Automatic Waivers: The failure or delay of Rod & Associates in exercising any right, remedy, power, or privilege under these Terms shall not constitute a waiver thereof. Similarly, any single or partial exercise of any right, remedy, power, or privilege hereunder shall not preclude further exercise of the same or of any other right, remedy, power, or privilege.

Written Requirement: Any waiver by Rod & Associates of a breach of any provision of these Terms shall only be effective if it is in writing and signed by an authorized representative of Rod & Associates. A waiver of any term or provision shall not be construed as a waiver of any subsequent breach or default, whether of a similar nature or otherwise.

Retaining Rights: No waiver by Rod & Associates of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Rod & Associates to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

HEADINGS.

The headings used in these Terms are for convenience and reference purposes only. They do not limit, interpret, or define the scope or intent of the provisions contained herein. The headings are not intended to be legally binding or to affect the meaning or interpretation of these Terms.

Interpretation: The provisions contained in these Terms shall be interpreted in accordance with their plain meaning and intent, regardless of any headings or titles.
Organization and Structure: The headings used throughout these Terms are provided to aid in navigating and understanding the content. They are organized in a logical manner and reflect the general subject matter of the respective sections.
Non-Exclusive: The headings used in these Terms are not an exhaustive representation of the topics covered. Other terms and concepts may be included in each section, regardless of whether they are explicitly stated in the headings.
No Legal Significance: The headings are not intended to have any legal significance or to modify or alter the rights and obligations of the parties under these Terms. They are simply a structural element to enhance readability.

Please note that the headings provision is included for organizational purposes and does not impact the substantive rights and obligations set forth in these Terms.

SEVERABILITY.

Enforceability of Terms: In the event that any provision or part of these Terms is determined to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remainder of these Terms shall remain in full force and effect.

Modification of Invalid Terms: The invalid, illegal, or unenforceable provision shall be modified to the extent necessary to render it valid, legal, and enforceable while preserving its intent. If modification is not possible, the affected provision or part thereof shall be deemed severed from these Terms, but all other provisions and parts of these Terms shall continue in full force and effect.

Effect on Agreement: The invalidity, illegality, or unenforceability of any provision shall not affect the validity, legality, or enforceability of any other provision or part of these Terms, which shall remain in full force and effect as though such invalid, illegal, or unenforceable provision had never been included.

Construction: These Terms shall be construed as if each provision and part thereof were drafted independently, and any presumption or rule of construction against construing ambiguities in favor of the drafting party shall not apply to the interpretation or construction of these Terms.

ENTIRE AGREEMENT.

Comprehensive Understanding: These Terms, including any additional policies or agreements incorporated by reference, constitute the entire agreement and understanding between Rod & Associates and you, superseding all prior or contemporaneous communications, proposals, understandings, agreements, or representations, whether oral or written, between the parties regarding the subject matter herein.

No Reliance on Oral Representations: You acknowledge that you have not relied upon any representation, promise, or warranty made by Rod & Associates, except as expressly set forth in these Terms.

No Oral Modifications: Any modifications, amendments, or supplements to these Terms must be made in writing and signed by an authorized representative of Rod & Associates. No oral modifications or agreements shall be valid.

Survival: Any provision that, by its nature, should survive termination or expiration, shall survive termination or expiration, including but not limited to provisions governing intellectual property, limitation of liability, indemnification, dispute resolution, and governing law.

Consistency: In the event of any conflict or inconsistency between the provisions of these Terms and any other agreements or policies, the provisions of these Terms shall prevail.

CONTACT US.

Communication Channels: If you have any questions, concerns, or feedback regarding these Terms, our Platform, or any of our products or services, please feel free to contact us through any of the following channels:

Email: info@rodandassociates.com

Provide Sufficient Information: To assist us in addressing your concerns effectively, please ensure that your communication includes your name, contact information, and a clear description of your question or issue.

Updates: We may update the contact information provided herein from time to time. It is your responsibility to check this provision for the most current contact information.

No Legal Advice: Please note that any information provided through our contact channels is for general informational purposes only and does not constitute legal, financial, or professional advice. For specific legal or financial concerns, consult with a qualified professional.

Record Keeping: We may retain records of your inquiries and our responses for our records and as required by applicable laws and regulations.

Cookie Policy

Last Updated: September 12, 2024

Welcome to Rod & Associates! Rod & Associates LLC refers to the global network of independent firms under the Rod & Associates brand. For the purposes of these Terms, "affiliates," "subsidiaries," and "member firms" refer to any company or entity that is under common control with, controlled by, or controls Rod & Associates LLC. For the remainder of this policy, 'Rod & Associates' will be used to refer to the global network of firms.

Rod & Associates ("we", "us", or "our") uses cookies and similar tracking technologies (collectively, "Cookies") on our website to improve your user experience, analyze website usage, and for marketing purposes. This Cookie Policy explains what Cookies are, how we use them, and how you can manage your Cookie preferences.

1. What are Cookies?

Cookies are small files that are downloaded to your device when you visit our website. These files are then sent back to our website on subsequent visits, allowing us to recognize your device and improve your browsing experience.

2. Types of Cookies We Use

Strictly Necessary Cookies: These Cookies are essential for the website to function properly and cannot be turned off. They are typically set in response to actions made by you, such as setting privacy preferences or logging in.

Performance and Analytics Cookies: These Cookies collect anonymous data on how users interact with our website, helping us to understand how to improve the performance of our site. We use these to monitor website traffic and usage patterns.

Functionality Cookies: These Cookies allow us to remember your preferences and choices on the site to provide enhanced functionality. For example, these Cookies may remember your language or region preferences.

Advertising Cookies: These Cookies track your browsing habits and show you targeted advertisements. They also help us measure the effectiveness of our marketing campaigns.

Third-Party Cookies: Our website uses third-party services such as Google Analytics and Wix to collect and process data for analytics and functionality purposes. These third-party Cookies are governed by the respective privacy policies of these providers.

3. Third-Party Cookies

Rod & Associates may use third-party services, including Wix and Google Analytics, to track and analyze web traffic, user behavior, and to display targeted advertisements. These third-party services may use Cookies that collect data about your use of our website. For more information on how Wix uses Cookies, you can visit their Cookie Policy.

4. User Consent and Withdrawal of Consent

By using our website, you consent to the use of Cookies as described in this policy. You can withdraw your consent at any time by adjusting your browser settings to block or delete Cookies, although this may impact your ability to use certain features on our website.

5. Opt-In/Opt-Out Mechanism

We provide you with the ability to accept or decline certain categories of Cookies (such as performance or advertising Cookies) via our cookie consent banner when you first visit the website. You can manage your Cookie preferences at any time through your browser settings.

6. Legal Compliance

Rod & Associates complies with applicable privacy laws, including the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA), ensuring that any personal data collected through Cookies is handled lawfully. We only use Cookies that are essential for the proper functioning of our website unless we have obtained your explicit consent to use other types of Cookies.

7. Limitations by State and Region

Please note that certain Cookie-related promotions or offerings may not be available in all regions or states, as restrictions may vary depending on local regulations. We may or may not offer promotions in states with stricter regulations concerning the use of Cookies.

8. Promotions and Cookie Usage

From time to time, we may offer promotions related to the use of Cookies. These promotions will have clearly defined terms, start and end dates, and any applicable restrictions, and users are required to read the terms and conditions associated with such promotions. Information on current promotions, if any, will be made available on our website and social media platforms, such as Facebook.

9. Changes to This Cookie Policy

We may update this Cookie Policy from time to time. Any changes will be posted on this page, and the updated policy will take effect immediately upon posting. When we post changes to this cookie policy, we will revise the “Last updated” date. Your continued use of our website following any updates signifies your acceptance of the changes.

Privacy Policy

Last Updated: September 12, 2024

TYPES OF DATA WE MAY COLLECT.

HOW WE COLLECT DATA.

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HOW WE USE DATA.

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NO SALE OF DATA.

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HOW WE SHARE DATA.

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DATA SECURITY.

DATA BREACH NOTIFICATION.

DATA RETENTION.

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CHILDREN’S PRIVACY.

USER RIGHTS.

HOW TO EXERCISE YOUR RIGHTS.

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DO NOT TRACK SIGNALS.

MODIFICATION.

WEB BEACONS.

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CONTACT US.

Terms of Service

Last Updated: September 12, 2024

SERVICE DESCRIPTION.

ACCOUNT CREATION.

USER OBLIGATIONS.

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LIMITATION OF LIABILITY.

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NATURE OF THE RELATIONSHIP.

THIRD PARTY LINKS.

AMENDMENTS.

WAIVER.

HEADINGS.

SEVERABILITY.

ENTIRE AGREEMENT.

CONTACT US.

Cookie Policy