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Terms of Use - The Tax Collegeand Software Terms of Use

AGREEMENT BETWEEN USER AND The Tax College
This web site and any software is offered to you, the user, conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of this web site and any software constitutes your agreement to all such terms, conditions, and notices, and any software licensing agreements.

While any person is welcome to take our course, support by telephone and Certificates of Completion are only available to US Citizens and US Resident Aliens within the continental United States, Alaska, Hawaii, and US Commonwealths, Territories, and Possessions.

BUSINESS RESULTS DISCLAIMER: Every effort has been made to accurately represent the tax preparation business on this website. There is no guarantee, however, that you will experience success or earn any money using the methods and ideas described on this website. This website should not be interpreted as a promise or guarantee of earnings or success. Earning potential and success is completely dependent on the person using these methods. Your level of success in attaining the results described on this website depends on the time you devote to your business and other personal factors. Since these factors differ from individual to individual we cannot guarantee your success or income. Many factors will determine your actual results and no guarantees whatsoever are made that you will achieve the results described herein.

CONSULT A CPA, ENROLLED AGENT, TAX ATTORNEY, OR OTHER TAX ADVISOR
All information provided on this web site is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we strive to provide accurate and timely information, there can be no guarantee that such information is accurate as of the date it is received or that it will continue to be accurate in the future. No one should act upon such information without appropriate professional advice after a thorough examination of the facts of their particular situation.

PERSONAL AND NON-COMMERCIAL USE LIMITATION
This web site is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from this web site.

COPYRIGHT AND TRADEMARK NOTICES:
All contents of this web site are: Copyright © 1995-2007 The Tax College and/or its suppliers. All rights reserved.

The Tax College and other names of The Tax College products and/or services referenced herein are trademarks or registered trademarks of The Tax College. Other product and company names mentioned herein may be the trademarks of their respective owners.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION AND SOFTWARE HEREIN. The Tax College AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS WEB SITE AND THE SOFTWARE AT ANY TIME. THIS WEB SITE MAY BE TEMPORARILY UNAVAILABLE FROM TIME TO TIME DUE TO REQUIRED MAINTENANCE, TELECOMMUNICATIONS INTERRUPTIONS, OR OTHER DISRUPTIONS .

The Tax College AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEB SITE FOR ANY PURPOSE. ALL SUCH INFORMATION , SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. The Tax College AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS , AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND AVAILABILITY. IN NO EVENT SHALL The Tax College AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, COMPENSATORY, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE OR THE SOFTWARE OR WITH THE DELAY OR INABILITY TO USE THIS WEB SITE OR THE SOFTWARE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF The Tax College OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of this web site and the software, you warrant to The Tax College that you will not use this web site or the software for any purpose that is unlawful or prohibited by these terms, conditions, and notices.

LINKS TO THIRD PARTY SITES
This web site may contain hyperlinks to web sites operated by parties other than The Tax College. Such hyperlinks are provided for your reference only. The Tax College does not control such web sites, and is not responsible for their content. The Tax College’s inclusion of hyperlinks to such web sites does not imply any endorsement of the material on such web sites or any association with their operators.

MODIFICATION OF THESE TERMS AND CONDITIONS
The Tax College reserves the right to change the terms, conditions, and notices under which this web site and the software is offered.

GENERAL
This agreement is governed by the laws of the State of Florida, U.S.A. You hereby consent to the exclusive jurisdiction and venue of courts in Broward County, Florida, U.S.A. in all disputes arising out of or relating to the use of this web site or the software. Use of this web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

The parties hereto acknowledge that they have had the opportunity to be represented by independent counsel of their choice prior to entering into this Agreement. The parties acknowledge the substantial contacts they have had and will continue to have in Broward County, Florida. Such contacts include the following: Licensor has its headquarters in Broward County, Florida; Licensee will deal with and/or receive strategic guidance and technical and other support or direction from Licensor’s personnel based in Broward County, Florida; Licensee will receive or be sent Confidential Information originating from Licensor in Broward County, Florida; Licensee commenced the preparation of tax returns, and the offering of any bank products, from the Licensors Portal in Broward County, Florida; this Agreement was formed in, accepted in, and executed in Broward County, Florida; any and all payments due under this agreement have been paid, and any future payments will be paid, in Broward County, Florida; and the parties’ expectations under this Agreement are based on Florida law. Licensee agrees that the laws of the State of Florida (without regard to laws of the State of Florida related to choice of law) shall govern this Agreement.

For the purposes of this Agreement it is agreed that all tax returns transmitted pursuant to this agreement are transmitted from Broward County, Florida and all bank products applied for and provided pursuant to this agreement are applied for and provided in Broward County, Florida, regardless of the physical location of the Licensee.

Licensee acknowledges that the Licensed Program(s) and other proprietary information of Licensor are unique and that, in the event of any breach of this Agreement by Licensee, Licensor may not have an adequate remedy at law, and shall be entitled to enforce its rights hereunder by an action for damages and/or specific performance and/or injunctive or other equitable relief, in Broward County, Florida, without the necessity of proving actual damages.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and The Tax College as a result of this agreement or use of this web site or the software.

The Tax College’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of The Tax College’s right to comply with law enforcement requests or requirements relating to your use of this web site or the software or information provided to or gathered by The Tax College with respect to such use.

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

This agreement constitutes the entire agreement between the user and The Tax College with respect to this web site and the software and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and The Tax College with respect to this web site or the software. A printed version of this agreement and of 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.

Fictitious names of companies, products, people, characters and/or data mentioned herein are not intended to represent any real individual, company, product or event.

Any rights not expressly granted herein are reserved.

USE OF BULLETIN BOARD, CHAT ROOMS, AND OTHER COMMUNICATIONS FORUMS
If this web site contains bulletin boards, chat rooms, or other message or communication facilities (collectively, "Forums"), you agree to use the Forums only to send and receive messages and material that are proper and related to the particular Forum.

You acknowledge that all Forums are public and not private communications. Further, you acknowledge that chats, postings, conferences, and other communications by other users are not endorsed by The Tax College, and such communications shall not be considered reviewed, screened, or approved by The Tax College. The Tax College reserves the right for any reason to remove without notice any contents of the Forums received from users, including without limitation bulletin board postings. The Tax College reserves the right to deny in its sole discretion any user access to this web site or any portion thereof without notice.

By way of example, and not as a limitation, you agree that when using a Forum, you shall not do any of the following:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful material or information.
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
  • Advertise or offer to sell any goods or services, or conduct or forward surveys, contests, or chain letters.
  • Download any file posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner.