1. THIS IS AN AGREEMENT BETWEEN YOU AND TaxMagician.com
TaxMagician.com provides users with a variety of internet-based services (the “Service” or “Services”), including, without limitation, Internet navigation assistance web pages (“Results Pages”) containing search results, localized Events pages, and other content offered through www.TaxMagician.com (the “Web Site”), as well as any Web page that contains a Web-based search box provided by TaxMagician.com (a “Home Page” and, together with the Web Site and any Results Pages, the “TaxMagician.com Web Pages”). This Terms of Service page states the terms and conditions under which you may use the Services and the TaxMagician.com Web Pages (the “Terms of Service” or “Agreement”). Please read this page carefully. This is an agreement between you and TaxMagician.com. In accessing the Services and/or the TaxMagician.com Web Pages, you accept all the terms and conditions of this Agreement. Our Terms of Service may change from time to time, and those changes will be available for your review on most TaxMagician.com Web Pages that you view, and on our web page located at http://TaxMagician.com/. Your continued use of our Services or TaxMagician.com Web Pages after any such changes have been made will signify your assent to the changed Terms of Service. If you do not accept these Terms of Service, do not use the Services or TaxMagician.com Web Pages. Additional terms may apply to the use of some Services, and are disclosed in the form of the posted guidelines or rules applicable to such Services (the “Service-Specific Rules”), which may be modified from time to time. All such Service-Specific Rules are hereby incorporated by reference into, and form part of, this Agreement. If any provisions of this Agreement conflict with any Service-Specific Rules, the terms of the applicable Service-Specific Rules shall control. TaxMagician.com OFFERS THE SERVICE TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THIS AGREEMENT. YOUR USE OF THE SERVICE CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT. THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY (See Sections 18, 19, and 20); AND AN EXCLUSIVE REMEDY (See Section 19). THESE PROVISIONS FORM AN ESSENTIAL BASIS OF OUR BARGAIN.
2. HOW TaxMagician.com MAY MODIFY THIS AGREEMENT AND THE SERVICES
TaxMagician.com reserves the right to change the terms, conditions, and notices under which it offers any of its Services at any time, for any reason, and without notice, and such modifications shall be deemed effective immediately upon posting of the modified terms. You are responsible for regularly reviewing these Terms of Service, and any Service-Specific Rules, because your continued use of the Services or TaxMagician.com Web Pages following the posting of changes to this Agreement or the Service-Specific Rules will mean you accept those changes. In agreeing to the terms and conditions of these Terms of Service, you agree that TaxMagician.com may at any time, in its sole and absolute discretion, without prior notice to you, modify, cancel, update, reconfigure, supplement, limit, terminate, or otherwise alter the Services or any part thereof, including as between different users of the same Services, whether temporarily or permanently.
3. REGISTERING WITH TaxMagician.com
When you create a TaxMagician.com Account, you agree to take full responsibility for maintaining the confidentiality of your TaxMagician.com Account user name and password, and for all activity that is generated by your TaxMagician.com Account. Accordingly, you understand and agree that you will be liable for any activity performed by any people using your TaxMagician.com Account. You agree to immediately notify TaxMagician.com of any unauthorized use of your TaxMagician.com Account or any other breach of security.
4. SERVICES NOT INTENDED FOR CHILDREN
The Services and TaxMagician.com Web Pages are not intended for children under the age of 13. Children under the age of 13 are expressly prohibited from creating an account with TaxMagician.com. By creating an account or using the Services, you represent and warrant that you are at least 13 years old.
5. NO COMMERCIAL, UNLAWFUL OR HARMFUL USE OF THE SERVICE
The TaxMagician.com Web Pages are for your personal, non-commercial use only. You may not reproduce, duplicate, copy, sell, resell, exploit or otherwise use the TaxMagician.com Web Pages, any portion thereof, or any services or products available thereunder for commercial purposes. You may not use the TaxMagician.com Web Pages in any way that harms TaxMagician.com, its affiliates, resellers, distributors, advertisers, service providers and/or suppliers (each, a “TaxMagician.com Party” and collectively, the “TaxMagician.com Parties”) or any customer of a TaxMagician.com Party, as determined in TaxMagician.com’s sole discretion. Without limiting the generality of this Section, you will not use the TaxMagician.com Web Pages in any manner that could damage, disable, overburden, or impair any TaxMagician.com Web Page (or the network(s) connected to any Internet Web Page) or interfere with any other party’s use and enjoyment of the Service. You represent and warrant that your usage of the Services will only be for lawful purposes and will be done in accordance with these Terms of Service, any applicable Service-Specific Rules, and all applicable laws generally. You also represent and warrant that you will not use any of the TaxMagician.com Web Pages or Services to violate any law, regulation or ordinance or any right of TaxMagician.com or any third party, including, without limitation, any right of privacy, publicity, copyright, patent or trademark or other intellectual property right. You further represent and warrant that you have the adequate legal capacity to abide by these Terms of Service and any applicable Service-Specific Rules.
6. PROHIBITED ACTIVITIES
Without limiting the generality of Section 5, you will not use the Services, or any TaxMagician.com Web Page (i) to violate or infringe upon the rights of others in any way, (ii) to violate or facilitate the violation of any law or to encourage others to violate any law, (iii) to send unsolicited bulk e-mail and/or instant messages, (iv) to transmit, relay, or otherwise communicate vulgar, unlawful, obscene, profane, indecent or otherwise offensive or objectionable materials or information, (v) to falsify your identity or impersonate another person; or (vi) to engage in conduct that limits the use and enjoyment of the Services, or any part thereof, by other users in any way, as determined by TaxMagician.com in its sole and absolute discretion. You will not send automated queries of any sort to the Service without express permission in advance from TaxMagician.com. Please note that “sending automated queries” includes, among other things (a) using any software that sends queries to the Service to determine how a web site or web page “ranks” on the Service for various queries; (b) “meta-searching” the Service; (c) performing “offline” searches on the Service; and (d) using software robots, spiders, or other tools to “scrape” or automatically copy any portions of the Web Site or Services. You agree not to (1) reverse engineer, disassemble, alter, decompile, duplicate, create derivative works from, make copies of, extract information from, provide or distribute others with any portion of the TaxMagician.com Web Pages or Services, or any information available on, extracted or derived from the TaxMagician.com Web Pages or Services, or any part thereof; (2) connect, use, attempt to connect or use in any way the Services, for purposes other than your private, personal use in good faith and as explicitly offered on our website, including without limitation for any commercial purpose, such as, for instance, sending unsolicited communications of any type or nature; (3) interfere, block, disable or otherwise affect any advertising, advertising element, advertisement banner window, links to other sites and services, or other features that constitute an integral part of the Services; and (4) incorporate, integrate or otherwise include any portion of the Services that is comprised of software into any software, program or product that communicates, accesses, or otherwise connects with the Services or any other instant messaging, Internet, or online service. Finally, you may not authorize or assist any third party to do any of the things described in this section.
7. TERMINATION; VIOLATIONS; ACCESS RESTRICTION
TaxMagician.com may terminate this Agreement, or terminate or suspend your access to the Service at any time, with or without cause, and with or without notice. Upon such termination or suspension, your right to use the Service will immediately cease. If you violate these Terms of Service in any way, including, without limitation, by repeat infringement of copyrights, TaxMagician.com may, at its sole discretion, terminate your account, remove or modify any account-related content or access (including, but not limited to, reviews, newsletters, and promotions), or take any other action that TaxMagician.com believes is appropriate. TaxMagician.com may investigate violations of these Terms of Service and may involve and cooperate with law enforcement authorities in prosecuting users of the Services or TaxMagician.com Web Pages who are involved in such violations.
8. POSTING CONTENT ON TaxMagician.com
Certain of the Services may permit you to use your TaxMagician.com account to submit reviews (“Reviews”), commentary, postings on message boards, data, text, files, links, software, chat content, music, sound, photographs, graphics, images, video, communication, messages or other materials and terms of expression (collectively “User-Generated Content”). You agree that you will only post User-Generated Content which you are legally entitled to publish, and Reviews that you believe to be true, and that you will not purposely provide false or misleading information in your Reviews. Unless you have the express consent of the proper owner of any materials that are copyrighted, trademarked or otherwise subject to a proprietary right, you are not permitted to upload, post, or otherwise make such materials available on or though the Services. You are solely responsible for complying with all laws applicable to any User-Generated Content you submit to the Service, including any Reviews, and for determining whether any materials you wish to upload, post or otherwise make available on or through the Services are subject to copyright, trademark or some other proprietary right. Additionally, you are solely liable for any damages that may arise as a result of any infringement of copyright, trademark or other proprietary right, or any other damages that result from materials that you upload, post or otherwise make available on or through the Services, including without limitation any Reviews. You are solely responsible for any User-Generated Content submitted to the Service from your TaxMagician.com Account. TaxMagician.com reserves the right in its sole and absolute discretion to promulgate such additional rules and policies which it deems necessary or appropriate to govern the posting or submission of materials on or through the Services. TaxMagician.com reserves the right, but has no obligation, to monitor disputes between you and any business that you have reviewed. TaxMagician.com reserves the right in its sole discretion and without obligation to monitor all User-Generated Content to ensure conformity with the TaxMagician.com Terms of Service and any other rules, policies or regulations as may be promulgated by TaxMagician.com from time to time it its sole discretion, as well as any applicable laws, rules and regulations of any government having proper jurisdiction over TaxMagician.com. TaxMagician.com has the right, but not the obligation, to refuse to post, edit, delete, truncate or to remove any User-Generated Content for any reason, including if the User-Generated Content contains any of the following: Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g., racist/discriminatory speech) References to illegal activity, malpractice, purposeful overcharging, false advertising or health code violations (e.g., food poisoning, foreign objects in food, etc.) Reviews submitted by the reviewed business’ employees (past or present) or competitors, as determined by TaxMagician.comReviews that do not address the goods and services of the business or Reviews with no qualitative value (e.g., “this place is great!”), as determined by TaxMagician.com in its sole discretion. Content commenting on other users or violating the privacy of other users, as determined by TaxMagician.com, in its sole discretion Content that contains personal attacks or describes physical confrontations and/or sexual harassment References to excessive damage caused by business or service to person or property Personal information or messages including, without limitation, email addresses, URLs, phone numbers and postal addresses Messages that are advertising or commercial in nature, amount to spam, or are otherwise inappropriate based on the applicable subject matter Language that violates the standards of good taste or the standards of this website, as determined by TaxMagician.com in its sole discretion Content determined by TaxMagician.com to be offensive, illegal, or to violate any federal, state, or local law or regulation or the rights of any other person or entity Language intended to impersonate other users (including names of other individuals) or offensive or inappropriate user names or signatures Content that is not in English, that is encrypted or that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, interfere with, intercept or appropriate any system, data or personal information Content that otherwise violates these Terms of Service, or any Service-Specific Rules, or that may harm or threaten the safety of other users of the Service Content that is false or intentionally misleading Nothing set forth above shall alter or diminish your responsibility with respect to your User-Generated Content, as discussed herein. Reviews do not reflect the views of TaxMagician.com or any of TaxMagician.com’s subsidiaries or affiliated companies or any of their respective employees, officers, directors, or shareholders. TaxMagician.com does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from any use of a Review. You acknowledge and agree that, with respect to any conduct within the Services, TaxMagician.com assumes and shall have no liability for any action or failure to act on the part of TaxMagician.com. BY USING OUR SERVICES, YOU AGREE THAT YOU WILL NOT SUBMIT ANY CONFIDENTIAL INFORMATION OR MATERIALS TO OR THROUGH THE SERVICES OFFERED BY TaxMagician.com. TaxMagician.com CANNOT AND DOES NOT AGREE TO MAINTAIN ANY INFORMATION OR MATERIALS YOU SUBMIT TO OR THROUGH THE SERVICES AS CONFIDENTIAL. You hereby grant TaxMagician.com, its subsidiaries, and/or affiliated companies an irrevocable, unrestricted, royalty-free and perpetual worldwide license to use, reproduce, broadcast, modify, adapt, translate, transmit, sell, store, privately and publicly display, privately and publicly perform, create derivative works based upon, distribute, and promote any and all User-Generated Content that you submit, upload, post, send to or through all or any portion of the Services, including without limitation, both within the Services and such other products or services as TaxMagician.com may designate in any medium now known or hereafter devised, for editorial, commercial, promotional and all other purposes. To the extent you submit to TaxMagician.com any ideas, concepts, know-how, techniques or other materials and/or information of any kind, you agree that we are free to use any and all of the foregoing without further permission or payment to you or any third party. You also permit any user of the Services or TaxMagician.com Web Pages to access, display, view, store and reproduce such User-Generated Content for personal use. You waive any right to inspect or approve uses of any User-Generated Content you submit or to be compensated for any such uses. TaxMagician.com is under no obligation to give credit or pay any consideration to you for User-Generated Content. You agree that TaxMagician.com owns all right, title, and interest in any compilation, collective work or other derivative work created by TaxMagician.com using or incorporating your User-Generated Content, irrespective of any right, title or interest you or others may retain in your User-Generated Content. By submitting User Generated-Content to or through the Services, you represent and warrant that (i) you have the right to grant any and all necessary licenses and rights provided herein, including without limitation, all necessary copyright and other related rights to the User-Generated Content, free and clear of all claims and encumbrances without violating the rights of any person or entity, including any right to privacy or publicity, and (ii) the User-Generated Content does not and shall not infringe on any copyright or any other third party right nor violate any applicable law or regulation.
9. USE OF USER-GENERATED CONTENT
TaxMagician.com does not control, verify or endorse any User-Generated Content posted by third-parties on the Service or TaxMagician.com Web Pages, and does not guarantee the accuracy, integrity, timeliness or quality of such content. You understand that, by using the Services or accessing the TaxMagician.com Web Pages, you may be exposed to content that is offensive, indecent or objectionable. You agree that you must evaluate and bear all risks associated with the use of any content on the Service, including any reliance on the content, integrity, and accuracy of such content. If you see objectionable content or have any questions about this Agreement, please contact TaxMagician.com at customerservice@TaxMagician.com.
10. PROPRIETARY INFORMATION
As you use the Service, you should expect to receive, access or use information, text, materials, graphics, software, sound, data, advertising, and other content (collectively, “Content”) provided by TaxMagician.com and other TaxMagician.com Parties. You acknowledge and agree that the TaxMagician.com Web Pages and any Content, Services or software available through or used in connection with the TaxMagician.com Web Pages, including without limitation proprietary databases, software, servers, components, and algorithms necessary to operate and provide the Services, contain proprietary and confidential information that is owned by one or more TaxMagician.com Parties, and is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content made available via the Services or TaxMagician.com Web Pages, but provided by third parties may be subject to separate Terms and Conditions established by those third parties. TaxMagician.com’s formatting of such content, including the selection of such available content, and its arrangement, enhancement and coordination is copyright protected by TaxMagician.com. You further acknowledge and agree that Content contained in advertisements or information presented to you through the TaxMagician.com Web Pages or by advertisers is protected by copyright, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by the appropriate TaxMagician.com Parties, you agree not to modify, rent, lease, loan, sell, publish, transmit, distribute, create derivative works based on, or in any way exploit the Services, the TaxMagician.com Web Pages, or any Content available through or used in connection with the TaxMagician.com Web Pages, in whole or in part. You are not permitted to store any portion of the content of the Services in a computer unless it is for personal and non-commercial use.
11. TRADEMARK INFORMATION
You acknowledge and agree that TaxMagician.com logos, products and service names are or may be trademarks and/or service marks of TaxMagician.com (“TaxMagician.com Marks”). You agree that you will not display or use the TaxMagician.com Marks in any manner, without the express written permission of TaxMagician.com. The names of other products and companies contained within our Services may be the trademarks or service marks of their respective owners. Nothing in these Terms of Service grants you any license to use any trademark, service mark, names or logos of TaxMagician.com, any TaxMagician.com Parties, or any third party.
12. INFORMATION AVAILABLE FROM THE RESULTS PAGES
TaxMagician.com and the TaxMagician.com Parties do not warrant or guarantee the accuracy, completeness or timeliness of any information available via the Services, or on any TaxMagician.com Web Page. TaxMagician.com and the TaxMagician.com Parties do not authorize the use of information available via the Services, or on any TaxMagician.com Web Page for any purpose other than your personal use. You may not resell, redistribute or use this information for commercial purposes. TaxMagician.com does not endorse or recommend any particular product or service.
13. MAP INFORMATION
Map information provided through the Service is intended for planning purposes only. You may find that construction projects, traffic conditions or other events may differ from the map results. You may not delete or in any manner alter the copyright, trademark, or other proprietary rights notices appearing in any map information provided on the Service.
You understand and agree that the Service may include advertisements and that these advertisements are necessary for TaxMagician.com to provide the Service.
15. LINKS; THIRD PARTY SERVICES
Certain portions of the Services contain features and functionality that may link to or be provided from a third party, including without limitation third party websites, databases, applications, software, programs, services, directories, servers, networks, and systems (collectively, “Third Party Services”). TaxMagician.com provides access to these Third Party Services to you as a convenience only and TaxMagician.com does not, in any way, control or manage such Third Party Services. As such, TaxMagician.com is not responsible for the content, functionality, accuracy, truthfulness, or availability of such Third Party Services or any link contained therein. By making such Third Party Services available via the TaxMagician.com Services, TaxMagician.com is not endorsing or warranting such Third Party Services in any way. Furthermore, TaxMagician.com does not endorse any product or service that may be offered on or through such Third Party Services or through advertising delivered on or through the Services. Under no circumstances shall the access to or availability of such Third Party Services give rise to any liability to anyone for any damage of whatever nature whatsoever.
16. REQUESTS FOR REMOVAL OF LINKS FROM INDICES
TaxMagician.com occasionally receives requests to remove links from its indices that generate web results. Although TaxMagician.com reserves the right to address such requests individually, TaxMagician.com is generally not willing to remove any links from its indices.
17. SECURITY AND PRIVACY LIMITATIONS
By use of any of the Services, you acknowledge that you are aware (1) that data and information on the Services may be subject to forgery, eavesdropping, tampering, sniffing, spamming, spoofing, password cracking, harassment, fraud, electronic trespassing, hacking, nuking, system contamination including viruses, worms and Trojan horses causing unauthorized, damaging and/or harmful access to, or retrieval of, information and data on your computer; (2) of security and privacy limitations in the Services including without limitation the limitation of security, privacy and authentication measures and features; (3) that the security and privacy features available on the Services, are provided to you as a convenience only and may not operate according to their description or may not operate at all; and (4) that information, data or messages may not reach their destination or may reach an erroneous address or recipient. You acknowledge that, as with most Internet applications (i.e. e-mail), there are certain risks associated with accepting or downloading files from or through TaxMagician.com. Such risks include, but are not limited to, (1) damage to your computer, (2) damage to any data or files stored on your computer, (3) TaxMagician.com users viewing your IP address, and (4) files you share with other TaxMagician.com users being redistributed and used without your knowledge.
18. TaxMagician.com MAKES NO WARRANTY
THE TaxMagician.com PARTIES PROVIDE THE SERVICES AND TaxMagician.com WEB PAGES “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE,” AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, SECURITY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TaxMagician.com PARTIES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE TaxMagician.com PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. TaxMagician.com DOES NOT WARRANT THAT THE SERVICES, TaxMagician.com WEB PAGES OR WEB SITE WILL OPERATE ERROR-FREE OR THAT THE WEB SITE OR ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF TaxMagician.com’S WEB PAGES OR SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. IF YOUR USE OF THE TaxMagician.com WEB SITE OR THE SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACEMENT OF EQUIPMENT OR DATA, TaxMagician.com IS NOT RESPONSIBLE FOR THOSE COSTS.
19. LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY
IN NO EVENT WILL ANY TaxMagician.com PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE SERVICE OR THE TaxMagician.com WEB PAGES, EVEN IF SUCH TaxMagician.com PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS SECTION 19 IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE SERVICE, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY TaxMagician.com PARTY WITH RESPECT TO THIS AGREEMENT OR THE SERVICE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.
20. CHANGES TO THE SERVICE; ADDITIONAL LIABILITY LIMITATION
WITHOUT LIMITING THE GENERALITY OF SECTIONS 18 AND 19, YOU ACKNOWLEDGE AND AGREE THAT THE TaxMagician.com PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT PROVIDED BY TaxMagician.com OR ANY THIRD PARTIES, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF SECTIONS 18 AND 19, YOU ACKNOWLEDGE AND AGREE THAT TaxMagician.com IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE SERVICE, (2) ANY INCOMPATIBILITY BETWEEN THE WEB SITE OR TaxMagician.com WEB PAGES AND OTHER WEB SITES, SERVICES, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE SERVICES IN AN ACCURATE OR TIMELY MANNER, (4) ANY LOSS OR LIABILITY RESULTING FROM ERRORS, OMISSIONS OR MISSTATEMENTS IN ANY AND ALL INFORMATION OR SERVICES PROVIDED BY TaxMagician.com TO YOU, OR (5) ANY LOSSES, DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SERVICES AVAILABLE FROM THIRD PARTIES THROUGH LINKS CONTAINED ON THE TaxMagician.com WEB PAGES. YOU AGREE THAT YOU MUST EVALUATE AND BEAR ALL RISKS ASSOCIATED WITH THE USE OF ANY CONTENT PROVIDED BY TaxMagician.com OR ANY THIRD PARTIES, INCLUDING ANY RELIANCE ON THE ACCURACY OR COMPLETENESS OF SUCH CONTENT. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN SECTIONS 18, 19 AND 20 OF THIS AGREEMENT APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND ARE NOT INTENDED TO DEPRIVE YOU OF ANY MANDATORY PROTECTIONS PROVIDED TO YOU UNDER APPLICABLE LAW.
You agree to release, indemnify, defend and hold harmless TaxMagician.com, its parent, subsidiaries and affiliates, and its and their shareholders, officers, directors, employees, agents and advisors, from and against any and all losses, liabilities, claims (including claims without legal merit or brought in bad faith), demands, damages, costs or expenses, causes of action, suits, proceedings, judgments, awards, executions and liens, including reasonable attorneys’ fees and costs (whether brought by third parties or otherwise) (collectively, “Claims”) due to or arising out of Content you submit, post, transmit, modify or otherwise make available through the Services, your use of the Services, your connection to the Services, any breach by you of this Agreement, or your violation of any rights of another. TaxMagician.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, which will not excuse your indemnity obligations under this Section.
22. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES
If this Agreement is with TaxMagician.com, claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the State of California, without reference to conflict of laws principles. If this Agreement is with a TaxMagician.com affiliate, claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the place of incorporation for such TaxMagician.com affiliate, without reference to conflict of laws principles. All other claims, including, without limitation, claims under or for violation of consumer protection laws, unfair competition laws, and in tort, will be adjudicated under the laws of your state of residence in the United States, or, if you reside outside the United States, under the laws of the country to which the subject TaxMagician.com Web Pages are directed. If this Agreement is with TaxMagician.com, you hereby irrevocably consent to the exclusive jurisdiction and venue of state or federal courts in San Francisco County, California, USA in all disputes arising out of or relating to this Agreement or the use of the Service. If this Agreement is with a TaxMagician.com affiliate, you hereby consent to the exclusive jurisdiction and venue of the courts located in the place of incorporation for such TaxMagician.com affiliate in all disputes arising out of or relating to this Agreement or the use of the Service. Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including without limitation this Section.
23. INTERPRETING THE AGREEMENT; ASSIGNMENT
If for any reason a court of competent jurisdiction finds any provision or portion of this Agreement to be unenforceable, the remainder of this Agreement will continue in full force and effect. A printed version of this Agreement and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. TaxMagician.com may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement. Except as expressly stated herein, this Agreement constitutes the entire agreement between you and TaxMagician.com with respect to the Service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and TaxMagician.com with respect to the Service. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance.
24. YOU HAVE LIMITED TIME TO BRING YOUR CLAIM
YOU AND TaxMagician.com AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
25. COPYRIGHT AND TRADEMARK NOTICES; OTHER ACKNOWLEDGEMENTS
All contents of the TaxMagician.com Web Pages are copyrighted by TaxMagician.com Corporation and/or its suppliers. All rights reserved. TaxMagician.com, the TaxMagician.com name and logo (taxmagician wizard with irs secrets book on platform), and/or other TaxMagician.com products and services referenced herein may also be either trademarks or registered trademarks of TaxMagician.com in the United States and/or other countries. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, e-mail addresses, logos, people, places and events depicted herein are fictitious. No association with any real company, organization, product, domain name, e-mail address, logo, person, places or events is intended or should be inferred. Any rights not expressly granted herein are reserved.
If you are under 18, you should ask your parents or a guardian before you use our Services. If you are not yet 18, do not use our Services; do not download our products.
If you have question or concerns regarding this statement, you should first contact TaxMagician.com at info@TaxMagician.com.
Overview of Our Policy We supply free entertainment and utility software including video playing software, graphics editors, password managers, file zipping software and games. Our Products include Toolbars. Our Toolbars add search functionality to your browser. They also allow one click access to news and our offers. (We refer to our software and Products throughout this agreement as our “Services”).
We offer our Services to you in exchange for your agreement to view promotions, advertisements, or participate in other offers. We also offer you the opportunity to download third-party software.
* Information we collect * How we use the information * How we share your information, if at all * Your choices
Some Terms We Use in This Policy Offers include e-mail, promotions, advertisements contests and third-party software presented by our Partners and us.
Personally Identifiable Information (PII) is any information that identifies or could be used to identify, contact or locate you. It also includes your credit card number.
Partner is an advertiser, or other entity with whom we have a business relationship to provide Offers.
Service includes, but is not limited to, our screensaver, wallpaper, game, animated gif, clip art, buddy icon, greeting card, browser skin, font, desktop theme, html editor, sound effect, social networking, storage, and calendar software, as well as our Toolbars.
Subsidiary is an entity wholly owned or related to TaxMagician.com.
User means an individual that has accessed the Sites on which we host our Products or Services.
We and Our refer to TaxMagician.com and its subsidiaries.
You and Your refer to each user and his or her agents.
Personal Information We Collect We may collect personal information at various times when you use our Services. Your participation is voluntary and you have the choice not to disclose any information that we request.
Installation. During installation, we will present you with Offers. You may choose not to accept our Offers. Your participation is voluntary, you are not required to disclose to our Partners any information they request. However, if you provide your Personally Identifiable Information in response to any Offer, we will share it with our Partners so they can provide you with the Offers in which you have expressed interest.
Contacts/IP Information. If you voluntarily submit information or contact us (e.g. password request, technical support), we may keep a record of this communication. We do not merge this information with your Personally Identifiable Information.
Free Games. We offer free games. Some of our games collect your name as a requisite to setting up a profile. We use this information for the sole purpose of setting up your profile.
Aggregate Information We Collect When you use our Services, we may collect tracking information such as your IP address, browser type, the type of operating system you use, details about your computer hardware, the applications you have installed on your PC, the domain name of your Internet service provider, and pages you visited on our Sites. None of the information identifies you personally and we do not link aggregate information to Personally Identifiable Information.
Cookies. A cookie is a small text file sent to your browser. Cookies are stored on your computer’s hard drive for record keeping purposes. We and our Partners use session ID cookies and persistent cookies. For the session ID cookie, once you close your browser, the cookie will terminate. A persistent cookie remains on your hard drive for an extended period. You can remove persistent cookies by following directions provided in your Internet browser’s help file.
Web beacons or Pixels. We and our Partners employ a software technology that helps us better manage content on our site. Web beacons or Pixels are tiny graphics with a unique identifier, similar in function to cookies. They track your online Web movement. We embed Pixels invisibly on Web pages. They are about the size of the period at the end of this sentence. We do not tie the information gathered by Pixels to our customers’ Personally Identifiable Information.
Some of the Partner Offers may also use Pixels. We have no control over our partners’ Pixels. We also have no control over how they use information collected.
Global Unique Identifiers. A GUID (global unique identifier) is a randomly generated alphanumeric identifier used to indicate a unique installation of our Products or Services. We may create a GUID when you install our Products or Services. We use GUIDs to track installations and to enable features and functionality for specific customers who subscribe to our Products and Services. We do not tie the information gathered by GUIDs to our customers’ Personally Identifiable Information.
Software Information. We employ a technology that allows us to determine the operating systems you are using and to view your computer’s registry. Software installed on your computer has unique registry keys. By viewing your registry, we are able to detect whether you have a compatible operating system, compatible versions of DirectX, and Flash Player installed. We use your registry information to determine whether our software offers are compatible with software already present on your PC. We do not tie registry information gathered to our customers’ Personally Identifiable Information.
Hardware Information. Your computer’s operating system also stores hardware information that we examine to determine your computer’s hardware configuration including the amount of memory and the type of video card your computer has, as well as the speed of your processor. We use the information to determine whether our software offers are compatible with your computer hardware. We do not tie hardware information to our customers’ Personally Identifiable Information.
How We Use Your Information We only use information as it is needed for each specific visit. We do not use your PII in any way at this point.
E-mail Offers. By providing your e-mail address, and choosing to receive our Offers, you agree to receive e-mails from us. Should you have any questions or concerns, or if you would like to discontinue receiving Offers, simply email us at webmaster@TaxMagician.com and ask us to remove you from our lists. You will only receive Offers via e-mail from us and our Partners if you have indicated that you would like to receive them.
Testimonials. We post testimonials on our Sites. Testimonials may contain Personally Identifiable Information. We will obtain your consent via email prior to posting the testimonial or comment.
When you click on a third party advertisers’ link from our Site, you will enter the third party’s site. We are not responsible for such third party’s sites. You should carefully review the privacy statements of any other site you visit, because those privacy statements will apply to your visit to that site, and may be very different from our policy.
If you no longer wish to be contacted by our partners you must contact that partner directly to opt-out.
Our Partners change from time to time, and therefore it is not possible to provide an exhaustive list. We strive to select trustworthy Partners who offer high quality products or services of interest to you. If you are unhappy with one of our Partners, tell us by e-mailing us at info@TaxMagician.com.
We may periodically use third parties to meet your needs. If we hire a third-party service provider, they will be prohibited from using your Personally Identifiable Information for any purpose not enumerated in this section.
The following describes some of the ways that we may disclose your information to our Partners:
Search Partners. We may transmit your search queries (made on the Site or within one of our Software Offers) to search Partners, who use this information to provide us with search results, which we then will display to you.
Third-Party Advertisements and Software. When you request or submit your information online to a Partner in response to any Offer, we transfer your information for each request made to that Partner.
Our Products. We do not require you to provide Personally Identifiable Information during the installation process of our Toolbars of other software products. However, when you use these Software Offers to access Download Offers (e.g. games) you may be required to provide Personally Identifiable Information. In addition, we will show you Offers during the installation process.
E-Mail Suppression Lists. We may disclose a user’s e-mail address as part of a suppression file or do-not-e-mail list to its partners and affiliates to make sure that a user’s unsubscribe requests are forwarded to the appropriate parties to ensure removal of the user from partner and affiliate databases in compliance with law, including without limitation, the Can-Spam Act of 2003.
Sale, Merger or Asset Transfer. We may buy other businesses or their assets or sell our business assets. Customer information is generally one of the business assets involved in such transactions. Thus, in the event that we or all of our assets are acquired, customer information, including any information collected through the Sites or the Services would be one of the transferred assets.
From time to time we use third-parties when providing Services to you. We will only share information with third-parties necessary for them to provide the Services you have requested. Third-parties are prohibited from using your Personally Identifiable Information for promotional purposes.
Your Choices Cookies. By modifying your browser preferences, you can choose to, accept all cookies, to be notified when a cookie is set, or you can reject all cookies. If you choose to reject all cookies, you may be unable to use our Services.
Offers. We may from time to time, send you e-mail regarding third party promotions, as well as other, Products and Services. In addition, if you indicated upon registration that you are interested in receiving offers or information from us and our Partners, we may occasionally send you e-mail or direct postal mail about other products and services that we feel may be of interest to you. If you do not wish to receive e-mail from us, you can tell us by e-mailing us at info@TaxMagician.com. Be sure to include your full name and address, along with the information you submitted during your initial registration including postal address and e-mail, and tell us that you no longer wish to receive Offers from us. You also have the option of unsubscribing from e-mail Offers by clicking on the unsubscribe link at the bottom of every e-mail offer from us.
Modifications. For any of our sites you may edit your account information and user profile by using your username and password.
If your personally identifiable information changes, or if you want your information deleted from our systems you should email our customer support team as info@TaxMagician.com.
Security and Passwords We cannot and do not ensure or warrant the security of any information collected, transmitted over the Internet, or maintained in your user profile. You agree that any data transmission you make or receive through the Site or the Service is at your own risk.
No method of transmitting or storing electronic data is ever completely secure, and therefore we cannot warrant or guarantee that such information will never be accessed, used, or released in a manner that is inconsistent with this policy.
We do not knowingly collect information about children under the age of 13. We encourage parents and guardians to be familiar with the web sites that their children visit the Federal Trade Commission (“FTC”) regulates the means by which web site operators collect and use personal information from children under 13, pursuant to the Children’s Online Privacy Protection Act of 1998 (the “Act”). For more information about the Act and children’s on-line privacy in general, visit the FTC’s web site at www.ftc.gov/privacy. For safety tips on privacy visit www.OnGuardOnline.gov.
Miscellaneous Provisions YOUR USE OF OUR SERVICES IS AT YOUR OWN RISK. OUR SERVICES (INCLUDING ALL CONTENT AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OUR SITES) IS PROVIDED “AS IS.” WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER ABOUT: (1) THE ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT; (2) THE SERVER THAT MAKES THE SERVICES AVAILABLE, INCLUDING THAT IT IS FREE OF VIRUSES OR OTHER COMPONENTS THAT MAY INFECT, HARM, OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY WHEN YOU ACCESS, BROWSE, DOWNLOAD FROM, OR OTHERWISE USE THE SITE.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO OUR NEGLIGENCE, SHALL WE BE LIABLE FOR ANY CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES RELATED TO (A) THE USE OF, (B) THE INABILITY TO USE, OR (C) ERRORS OR OMISSIONS IN THE CONTENTS AND FUNCTIONS OF OUR SITES AND SERVICES, EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED $10.00.
International Policy. Our Services are hosted by servers in the United States. Accordingly, if you are located outside of the United States, we will transfer the personal information you provide to us to the United States. By submitting your personal information, you fully understand and consent, to its transfer, storage and processing in the United States.