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Terms and Conditions

Terms and Conditions

www.gatcaandtrusts.com

By clicking the box “I agree to the terms and conditions”, you agree to the following:

This Agreement is between the entity or individual entering into this Agreement (“Customer”) and GATCA & Trusts Compliance Associates LLC (“G&TCA”).

  1. SCOPE. Subject to the Customer’s payment of applicable subscription fees or purchase costs, G&TCA will provide the Customer with access to the Subscriber Resources available after logging in to www.gatcaandtrusts.com or with a digital copy of the product(s) purchased from the FATCA & CRS General Store, respectively.
  1. SUBSCRIPTION SERVICES.

2.1 Access Rights. Subject to the terms of this Agreement, G&TCA hereby grants to the Customer a worldwide, non-exclusive, non-transferable, non-sublicenseable, limited, revocable, license to access and use the G&TCA Subscriber Resources in accordance with the terms of this Agreement, solely in connection with the operation of the business of the Customer. This is a license not a sale of the Subscriber Resources. The copyright and all other rights to the Subscriber Resources remain with G&TCA.

2.2 Customer Responsibilities and Restrictions.

  • Customer will prevent unauthorised access to, or use of, the G&TCA Subscriber Resources, and will notify G&TCA promptly of any such unauthorised access or use
  • Customer will not (i) modify or create derivative works based on the Subscriber Resources; (ii) reproduce or copy in any form (e.g., electronically, via screenshots, or in paper or other forms) any content forming part of the Subscriber Resources except that downloads, where available, and copies shall be allowed purely for use by Customer and Customer’s employees, (iii) attempt to gain unauthorised access to the Subscriber Resources or allow others to gain unauthorised access by sharing log-in details, or (iv) distribute, rent, lease, assign, sublicense, rebrand, repackage, provide, or otherwise transfer any of the Subscriber Resources or copies to any third party or cause, assist, or permit any third party to do any of the foregoing.
  1. PURCHASED PRODUCT(S).

3.1 Purchase Rights. Subject to the terms of this Agreement, G&TCA hereby grants to the Customer a worldwide, non-exclusive, non-licenseable right to use the digital copy of the product(s) purchased (“Purchased Product(s)”) from the FATCA & CRS General Store in accordance with the terms of this Agreement, solely in connection with the operation of the business of the Customer. The copyright and all intellectual property and other rights to the Purchased Product(s) remain with G&TCA.

3.2 Customer Responsibilities and Restrictions. Customer seeking to sell, distribute, rebrand, repackage, provide, or otherwise transfer a Purchased Product or any derivations thereof to a third party (including clients of the Customer) must obtain from G&TCA a discrete version of the Purchased Product for third-party transfers or obtain express, written permission from G&TCA.

  1. TERM AND TERMINATION.

4.1 Term. For Subscriptions, this Agreement begins when the Customer obtains log-in information giving access to the Subscriber Resources and terminates one calendar year later unless terminated sooner. For Purchased Product(s), this Agreement begins when the Customer purchases the product and has no termination date unless otherwise terminated pursuant to other provisions of this Agreement.

4.2 Termination for Cause. G&TCA may terminate this agreement and deny further access to the Subscriber Resources or Purchased Product(s) without notice if Customer violates any of the terms of this Agreement.

4.3 Effects of Termination. Upon termination, all rights and licenses granted herein will terminate and the Customer will make no further use of the Subscriber Resources or Purchased Products. No termination will cancel any of the Customer’s obligations set forth in Section 2.2, Section 3.2, or Section 5.

  1. PROPRIETARY RIGHTS AND CONFIDENTIALITY.

5.1   Proprietary Rights. G&TCA retains all right, title and interest to the Subscriber Resources and Purchased Product(s) and all related intellectual property and proprietary rights. The Subscriber Resources and Purchased Product(s) are protected by applicable copyright, trade secret, industrial, and other intellectual property laws. G&TCA owns all right, title, and interest in all programming, documentation, flowcharts, templates, questionnaires, methodologies, models, charts, reports, and any other items used to deliver the Subscriber Resources or made available to the Customer via the Subscriber Resources or Purchased Product(s). Access to and use of the Subscriber Resources and Purchased Product(s) are governed by the terms of this Agreement. G&TCA reserves any rights not expressly granted to the Customer.

5.2   Confidentiality. If Customer becomes aware of any unauthorised use or disclosure of the Subscriber Resources or Purchased Product(s), then Customer will promptly and fully notify G&TCA of all facts known to it concerning such unauthorised use or disclosure. Customer agrees that G&TCA may refer to the Customer as a customer of G&TCA, both internally and in externally published media.

5.3   Suggestions. The Customer agrees that G&TCA shall have a royalty-free, worldwide, transferable, sublicenseable, irrevocable, perpetual license to use or incorporate into any G&TCA products or services any suggestions, enhancement requests, recommendations, or other feedback provided by the Customer relating to the Subscriber Resources or Purchased Product(s).

  1. DISCLAIMERS AND LIMITS ON LIABILITY.

6.1   Disclaimer. CUSTOMER ACKNOWLEDGES THAT, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, G&TCA MAKES NO WARRANTY, EXPRESS, IMPLIED OR STATUTORY WITH RESPECT TO THE SERVICES OR USE THEREOF. G&TCA HEREBY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY THAT SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR WITHOUT DELAY, AND THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INTERFERENCE, NON-INFRINGEMENT, AND INFORMATION CONTENT.

6.2   DISCLAIMER OF DAMAGES. EXCEPT FOR A BREACH OF SECTION 2.2, SECTION 3.2, AND SECTION 5, NEITHER PARTY IS LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES RELATING TO OR ARISING OUT OF THIS AGREEMENT OR THE SUBSCRIBER RESOURCES OR PURCHASED PRODUCT(S) (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST COMPUTER USAGE TIME, AND DAMAGE TO, OR LOSS OF USE OF, DATA), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND IRRESPECTIVE OF ANY NEGLIGENCE OF A PARTY OR WHETHER SUCH DAMAGES RESULT FROM A CLAIM ARISING UNDER TORT OR CONTRACT LAW.

6.3 NO LEGAL ADVICE. THE SUBSCRIBER RESOURCES AND PURCHASED PRODUCT(S) ARE NOT LEGAL ADVICE. CUSTOMER IS URGED TO COUNSULT LEGAL COUNSEL FOR ANY SUCH ADVICE RELATED TO ANY OF THE TOPICS COVERED BY THE SUBSCRIBER RESOURCES.

6.4   LIMITS ON LIABILITY. EXCEPT FOR A BREACH OF SECTION 2.2, SECTION 3.2,  AND SECTION 5, NEITHER PARTY SHALL HAVE AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICES, WHETHER IN CONTRACT OR TORT OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEEDING THE AMOUNTS ACTUALLY PAID BY AND DUE FROM THE CUSTOMER PURSUANT TO THE ORDER(S) GIVING RISE TO LIABILITY.

7.         JURISDICTION. The courts of the United States of America shall have exclusive jurisdiction over all claims arising out of this Agreement and the Customer hereby consents to the jurisdiction of such courts.

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