Effective: January 5, 2012
Welcome to TaxTV currently operated by Interactive Tax Group, Inc. (“ITG”, “us” or “we”). Please read these Terms and Conditions before using, or submitting content in any form or medium for publication on, TaxTV.com and any corresponding Websites, applications, features and services (collectively, with TaxTV.com are referred to herein as the “Website”). By continuing to use TaxTV.com, or by submitting content for publication on the Website, you agree to abide, and that you are bound, by these Terms and Conditions. We reserve the right to change these Terms and Conditions at any time, and you agree (including by virtue of your continued use of the Website) to be bound by any such changes. Unless explicitly stated otherwise, any new features or functionality (including, without limitation, video and related projects) that augment or enhance the Website shall be subject to these Terms and Conditions. The most current version of these Terms and Conditions can be viewed at any time at: TaxTV.com.
1. The Website Does Not Provide Legal or Professional Advice:
The contents of the Website and email notices, updates, and newsletters, such as videos, articles, text, graphics, images, and other material contained on the Website (“Content”) are for informational purposes only. The Content is not intended to be a substitute for professional legal or accounting advice. Never disregard professional advice or delay in seeking it because of something you have read or viewed on the Website! Nothing on the Website or in any e-mail or other communication shall be construed as personal advice addressing any particular personal situation. Tax laws and regulations are extensive and complex, and may apply differently to your personal situation.
When dealing with any legal or tax matter, do not rely on the Website’s Content alone, without seeking the advice of a fully qualified tax professional about your particular situation and facts. ITG is not a law firm or an accounting firm and is not a substitute for an attorney, law firm, CPA, accountant, enrolled agent, or accounting firm. Tax information is also subject to frequent change and modification by taxing authorities or as a result of changes and modifications to applicable laws.
ITG does not recommend or endorse any business, individual, professional or any specific planning, suggestions, tips, solutions, approaches, procedures, opinions, or other ideas or information that may be included as Content on the Website or in any email or other communications with you. Reliance on any Content or such information provided by ITG, ITG personnel, or others appearing on the Website (whether or not at the invitation of ITG), visitors to the Website, or any persons located through a link on the Website or another site operated by ITG is solely at your own risk.
While care may have been taken in preparing Content on the Website and in certain cases is believed to be accurate, no warranty, expressed or implied, is made by ITG or any authors, contributors or participants in any videos, articles or other Content. ITG is not responsible or liable for any damages resulting in connection with or arising from the use of any Content found at the Website, or at any linked site or email and other communications related thereto. The Website and all Content and such information are provided on an “as is” basis. Review Section 11 below for further disclaimers.
No person is authorized to engage in rendering any legal, accounting, or other professional service through the Website. If legal or other expert assistance is required, the services of a professional person should be sought directly outside the Website.
2. Children’s Privacy:
We are committed to protecting the privacy of children. You should be aware that the Website is not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13.
3. We May Discontinue or Suspend Our Website or Terminate Your Use:
For as long as ITG continues to offer the Website and content provided in connection therewith, ITG shall provide and seek to update, improve and expand the Website and content offering. As a result, we allow you to access the Website and content provided hereunder as it may exist and be available on any given day and have no other obligations, except as expressly stated in this Agreement (as defined under Section 20). We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. You agree that ITG shall not be liable to you or any third party for any such modification, suspension or discontinuance of the Website. In addition, we reserve the right to terminate your access to the Website for any reason, and to take any other actions that ITG, in its sole discretion, believes to be in the interest of our company and of our users as a whole. Please review Section 19 for the right to terminate this Agreement.
4. Our Rights In the Website and Content; You Grant Us Certain Rights When You Submit Content to Us:
(a) The Website (including all text, photographs, graphics, video and audio content contained on the Website) is protected by copyright as a collective work or compilation under the copyright laws of the United States and other countries, and we (subject to the rights of our licensors and licensees under applicable agreements, understandings and arrangements) have all rights therein. All Content, including individual articles, blogs, discussion boards, videos, content and other elements comprising the Website are also copyrighted works, and we (subject to the rights of our licensors and licensees under applicable agreements, understandings and arrangements) have all rights therein. You must abide by all additional copyright notices or restrictions contained on the Website. Title to the Content remains with ITG or its licensors. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of ITG. All rights not expressly granted herein are reserved to ITG and its licensors.
(b) On the condition that you comply with all your obligations under this Agreement, including, but not limited to, Prohibited Conduct under Section 8(a) below, we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicenseable license and right to access the Website, through a generally available web browser, mobile device or application (but not through scraping, spidering, crawling or other technology or software used to access data without the express written consent of ITG or its licensors and users), view information and use the Website that we provide on webpages and in accordance with this Agreement. Any other use of the Website contrary to our mission and purpose (such as seeking to connect to someone you do not know or trust, or to use information gathered from the Website or other site operated by ITG commercially unless expressly authorized by ITG) is strictly prohibited and a violation of this Agreement. We reserve all rights not expressly granted in this Agreement, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in the Website and all related items, including any and all copies made of the Website.
(c) By posting or submitting content on or to the Website (regardless of the form or medium with respect to such content, whether text, videos, photographs, audio or otherwise), you are giving us, and our affiliates, licensees, agents and third party contractors the right to display or publish such content on the Website, on sites powered by ITG and their affiliated publications (either in the form submitted or in the form of a derivative or adapted work (including conversion to scripts that may be used in video or audio programming)), to store such content, and to distribute such content and/or to use such content for promotional and marketing purposes. The right granted to ITG and its affiliates is an absolute, perpetual, irrevocable, transferable, royalty-free, worldwide, unrestricted, right, license and authority to (I) use, store, reproduce, adapt, delete, publish, translate, publicly perform, display, distribute, sell, disclose, manipulate, modify and prepare derivative works based upon any content that you submit or otherwise provide to ITG, in whole or in part, in such manner, format and media as ITG may see fit in its sole discretion and for such purposes as ITG may see fit in its sole discretion, without compensation to you, and (II) grant to third parties (through multiple tiers) the right, sublicense and authority to exercise all or any portion of the rights granted to ITG in this paragraph, subject to such terms and conditions as ITG may deem appropriate in its sole discretion, without compensation to you. Without limiting this paragraph or any other provision of this Agreement, the submission or provision of content you submit to ITG will in no way prevent the purchase, manufacture or use of similar content, products, services, plans, ideas and the like by ITG for any purpose whatever.
(d) You shall be solely responsible for your own submissions and the consequences of posting or publishing them (even if sent through email to any ITG representative). In connection with each of your submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such submissions to enable inclusion and use of such submissions in the manner contemplated by us and these Terms and Conditions; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in such submissions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of such submissions in the manner contemplated by us and these Terms and Conditions. In furtherance of the foregoing, you agree that you will not: (I) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the rights granted herein; (II) publish falsehoods or misrepresentations that could damage us or any third party; (III) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; or (IV) post advertisements or solicitations of business. We reserve the right to remove or not publish submissions without prior notice. You understand that when you submit content in any form to TaxTV we may authorize such content to be distributed or syndicated to or published on other ITG powered environments and under other brands owned by ITG, as well as any affiliated publications.
(e) If you submit any business information, idea, concept or invention to ITG by email, you agree such submission is non-confidential for all purposes. If you make any submission to a Public Area or if you submit any business information, idea, concept or invention to ITG by email, you automatically grant-or warrant that the owner of such content or intellectual property has expressly granted-ITG a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. ITG may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the Public Areas or to ITG by email. We try to answer every email in a timely manner, but are not always able to do so.
(f) To protect your privacy, you agree that you will not submit any media that contains Personally Identifiable Information (like name, phone number, email address or web site URL) of you or of anyone else. Uploading media like images or video of other people without their permission is strictly prohibited.
(g) To be eligible to use the Website, you must meet the following criteria and represent and warrant that you: (1) are 18 years of age or older; (2) are not currently restricted from the Website, or not otherwise prohibited from having a member account with any ITG operated website, (3) are not a competitor of the Website or ITG or are not using the Website for reasons that are in competition with the Website or ITG; (4) will only maintain one member account on the Website at any given time; (5) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (6) will not violate any rights of ITG, including intellectual property rights such as copyright or trademark rights; and (7) agree to provide at your cost all equipment, software, and internet access necessary to use the Website.
5. You Have Rights if You Believe Your Copyright is Being Infringed:
If you are a copyright owner or agent thereof and believe that any of our content infringes upon your copyright, please review the Copyright Policy by clicking here.
6. Your Use of Our Content is Restricted:
(a) Unless expressly permitted, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transmit or in any way exploit any part of the Website or any Content thereon, except as permitted under the last sentence of this Section 6(a) and except that you may make one print copy that is limited to occasional articles of personal interest, non-commercial use. Without limiting the generality of the foregoing (but subject to the last sentence of this Section 6(a)), you may not distribute any part of the Website or any content thereon over any network, including, without limitation, a local area network, or sell or offer it for sale. In addition, these files may not be used to construct any kind of database. Any special rules for the use of certain software and other items accessible on the Website may be included elsewhere within the Website (or Content) and are incorporated into these Terms and Conditions by reference. If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content. Just as we from time to time excerpt materials from other sources in order to support the various commentaries and writings contained herein, we respect the right of others to make “fair use” of the materials contained on the Website; accordingly, you may from time to time excerpt and use materials set forth on the Website consistent with the principles of “fair use”.
(b) We are concerned about the integrity of the Website when it is viewed in a setting created by a third party that includes advertising or other materials that we have not authorized to be displayed with the content of the Website. Neither you nor any third party shall make use of the contents of the Website in any manner that constitutes an infringement of our rights, including copyright or that has not been authorized by us.
7. We are an Internet Service Provider, e.g., We are Not Responsible For and Do Not Necessarily Hold the Opinions Expressed by Content Contributors, Members or Users:
Opinions and other statements expressed by users and third parties (e.g., members, contributors) are theirs alone, not opinions of TaxTV or ITG. Content created by third parties is the sole responsibility of the third parties and its accuracy and completeness are not endorsed or guaranteed. You acknowledge that by providing you with the ability to view and distribute content through the Website, ITG is not undertaking any obligation or liability relating to the content. ITG and its affiliates, successors, assigns, employees, agents, directors, officers and shareholders do not undertake or assume any duty to monitor the Website for inappropriate or unlawful content. ITG and its affiliates and their respective successors, assigns, employees, contractors, agents, directors, officers, managers, members and shareholders (collectively, “Covered Parties”) assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation. Notwithstanding the foregoing, ITG reserves the right to block or remove communications, postings or materials at any time in our sole discretion.
8. TaxTV Community and Member to Member Areas (“Public Areas”):
If you use a Public Area, such as message boards, comments, blogs, user reviews or other member communities, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas. ITG, its licensors and other Covered Parties are not responsible for the consequences of any communications in the Public Areas. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.
(a) Prohibited Conduct: In consideration of being allowed to use the Public Areas, you agree that the following actions shall constitute a material breach of these Terms and Conditions:
- Using a Public Area for any purpose in violation of local, state, national, or international laws;
- Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
- Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by ITG in its sole discretion;
- Posting advertisements or solicitations of business;
- After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);
- Posting chain letters or pyramid schemes;
- Impersonating another person;
- Distributing viruses or other harmful computer code;
- Harvesting or otherwise collecting information about others, including email addresses, without their identification for posting or viewing comments;
- Allowing any other person or entity to use your identification for posting or viewing comments
- Posting the same note more than once or “spamming”; or
- Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area or the Website, or which, in the judgment of ITG, exposes ITG or any of its customers or suppliers to any liability or detriment of any type.
(b) ITG Reserves the Right (but is Not Obligated) to Do Any or All of the Following:
- Record the dialogue in public chat rooms and message boards.
- Investigate an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).
- Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions.
- Terminate a user’s access to any or all Public Areas and/or the Website (or any other Website or service operated or provided by ITG) upon any breach of these Terms and Conditions.
- Monitor, edit, or disclose any communication in the Public Areas.
- Edit or delete any communication(s) posted on the Website, regardless of whether such communication(s) violate these standards.
ITG, its licensors or any other Covered Parties (defined under Section 7) have no liability or responsibility to users of the Website or any other person or entity for performance or nonperformance of the aforementioned activities.
9. Passwords are Your Responsibility:
TaxTV may offer tools, features and services that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your TaxTV passwords or accounts. It is your sole responsibility to (1) control the dissemination and use of activation codes and passwords; (2) authorize, monitor, and control access to and use of your TaxTV account and password; (3) promptly inform TaxTV of any need to deactivate a password. You grant ITG and all other persons or entities involved in the operation of the Website the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Website. ITG, its licensors and other Covered Parties cannot and does not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received using TaxTV tools, features and services.
10. You Will Be Responsible for Any Harm We Suffer as a Result of Your Violation of These Terms and Conditions or Any Breach by You of Your Representations and Warranties:
You agree to indemnify and hold harmless ITG and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees and costs (including without limitation any third party claims, litigation, charges and investigations), resulting from (a) any violation by you of these Terms and Conditions, (b) any breach by you of your representations and warranties hereunder, (c) any content you submit to the Website, or (d) any activity in which you engage on or through the Website. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section 10. In such event, you shall provide us with such cooperation as is reasonably requested by us.
11. Your Use of Our Website is Subject to Certain Disclaimers:
SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
THE WEBSITE AND ANY CONTENT THEREON IS AVAILABLE “AS IS.” WE DO NOT WARRANT THAT THE WEBSITE (AND CONTENT) WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE CONTENT, NEWS, INFORMATION, SERVICES OR OTHER MATERIALS AVAILABLE THROUGH THE WEBSITE. ITG AND COVERED PARTIES DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NONINFRINGEMENT WITH RESPECT TO THE WEBSITE OR ANY CONTENT, INFORMATION, SERVICES OR GOODS THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH THE WEBSITE, ANY OTHER SITE POWERED BY ITG OR OTHERWISE LINKED TO THEREBY. ITG AND COVERED PARTIES DO NOT MAKE ANY REPRESENTATIONS, NOR DO WE ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER MATERIAL, CONTENT OR DATABASE DISPLAYED, UPLOADED OR DISTRIBUTED ON THE WEBSITE, ANY OTHER SITE POWERED BY ITG OR AVAILABLE THROUGH LINKS ON THE WEBSITE. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS ON THE WEBSITE. ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, “TROJAN HORSES” OR OTHER DESTRUCTIVE MATERIALS TO THE WEBSITE, WE DO NOT GUARANTEE OR WARRANT THAT THE WEBSITE OR MATERIALS THAT MAY BE DOWNLOADED FROM THE WEBSITE DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES. ITG AND COVERED PARTIES ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH TOOLS, FEATURES OR SERVICES. IF YOU RELY ON THE WEBSITE AND ANY MATERIALS AVAILABLE THROUGH THE WEBSITE, YOU DO SO SOLELY AT YOUR OWN RISK.
THE WEBSITE MAY CONTAIN VARIOUS COMBINATIONS OF TEXT, IMAGES, AUDIOVISUAL PRODUCTIONS, OPINIONS, STATEMENTS, FACTS, ARTICLES, MARKET DATA, STOCK QUOTES OR OTHER INFORMATION CREATED BY US OR BY THIRD-PARTIES. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT ON THE WEBSITE IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. ACCORDINGLY, SUCH CONTENT, INCLUDING TAX LAW INFORMATION, IS FOR YOUR REFERENCE ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY PURPOSE. SUCH CONTENT IS NOT INTENDED FOR THE PURPOSE OF LEGAL, TAX, FINANCIAL OR INVESTMENT ADVICE AND IT DOES NOT ADVOCATE THE PURCHASE ORSALEOF ANY SECURITY OR INVESTMENT. INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON THE WEBSITE OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY US AND REMAINS THE RESPONSIBILITY OF SUCH THIRD PARTIES.
IF YOU ARE DISSATISFIED OR HARMED BY WEBSITE, ITG OR A COVERED PARTY, OR ANYTHING RELATED TO WEBSITE, YOU MAY CLOSE YOUR WEBSITE ACCOUNT AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION 19 (“TERMINATION”) AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.
ITG IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS INMAILS, POSTING OF ANSWERS OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH THE WEBSITE TO ANYONE. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE WEBSITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL, SERVICE, OR TECHNOLOGY TO US.
ITG DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS WEBSITE OR SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS OF THE COMMUNITY; THEREFORE, ITG DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION.
FURTHERMORE, ITG DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE WEBSITE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.
12. We are Not Responsible for Linked Sites:
ITG and Covered Parties are not responsible for the availability or other information, products or services that may be linked to the Website. Because we have no control over such information, products or services, you acknowledge and agree that we are not responsible for their availability, and that we do not endorse and are not responsible or liable for any content, accuracy, quality, advertising, products or other materials on or available from such information, products or services. You further acknowledge and agree that we 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 such information or services.
13. We May be Legally Compelled to Disclose Certain Information:
You agree that in the event we receive a subpoena issued by a court or from a law enforcement or government agency, we shall comply with such subpoenas without your consent or prior notice to you and may disclose your IP address, username, name, IP location or other information in response thereto.
14. Our Liability to You is Limited:
SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
ITG and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents and licensors are not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including, without limitation, lost revenues or profits, loss of business or loss of data, or audits, assessments or positions taken by any taxing authority in any way related to the Website (or Content, information, tool, feature or service provided in connection therewith) or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in the Website (or Content, information, tool, feature or service provided in connection therewith) (including, without limitation, as a result of breach of any warranty or other term of these Terms and Conditions). Any claim against us (or any of the parties referred to in the initial sentence of this Section 14) shall be limited to the amount you paid, if any, for use of the Website (or Content, information, tool, feature or service provided in connection therewith), or US$25, whichever amount is greater. This limitation of liability is part of the basis of the bargain between the parties and without it the terms and prices charged would be different. This limitation of liability shall:
- Apply regardless of whether (1) you base your claim on contract, tort, statute or any other legal theory, (2) we knew or should have known about the possibility of such damages, or (3) the limited remedies provided in this section fail for their essential purpose; and
- Not apply to any damage that ITG may cause you intentionally or knowingly in violation of this Agreement or applicable law, or as otherwise mandated by applicable law that cannot be disclaimed from in this Agreement.
- Not apply if you have entered into a separate agreement to purchase any advertising or service offering from ITG with a separate Limitation of Liability provision that supersedes this section in relation to those advertising or servicing offerings.
15. Dispute Resolution
(a) Law and Forum for Legal Dispute. This Agreement or any claim, cause of action or dispute (“claim”) arising out of or related to this Agreement or in any way relating to your use of the Website shall be governed by the laws of the state of California regardless of your country of origin or where you access the Website, and notwithstanding of any conflicts of law principles and the United Nations Convention for the International Sale of Goods. You and ITG agree that all claims arising out of or related to this Agreement must be resolved exclusively by a state or federal court located inOrange County,California, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You and ITG agree to submit to the personal jurisdiction of the courts located withinOrange County,California for the purpose of litigating all such claims. Notwithstanding the above, you agree that ITG shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
(b) Arbitration Option. For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.
(c) Waiver of Class Action and Jury Trial. In any legal proceeding relating to this Agreement, you agree to waive any right you may have to participate in any class, group, or representative proceeding and to waive any right you may have to a trial by jury. Any claim, controversy, or dispute that arises under or relates to this Agreement shall be referred by the aggrieved party to binding arbitration under the Commercial Rules of the American Arbitration Association.
(d) In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Website, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Website or any content or other material used or displayed through the Website.
ITG is based inOrange County,California with principal offices inNewport Beach,California. ITG makes no claims that the Website or any Content are appropriate or may be downloaded or used outside of theUnited States. Access to the Website or the Content may not be legal by certain persons or in certain countries. If you access the Website or Content from outside theUnited States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. . No waiver of any breach of any agreement or provision of this Agreement, nor any failure to assert any right or privilege contained in this Agreement, shall be deemed a waiver of any preceding or succeeding breach of any agreement or provision. BY CONTINUING TO USE THE WEBSITE, YOU AGREE TO ABIDE BY THESE TERMS AND CONDITIONS. The caption to each Section of these Terms and Conditions are for convenience of reference only and shall be ignored in the construction or interpretation hereof. You agree not to assign or otherwise transfer this Agreement in whole or in part; any attempt to do so shall be void. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, ITG for any third party that assumes our rights and obligations under this Agreement.
The TAXTV name and logo, ITG name and logo, ITGtax™ name, TaxProConnect™, and all other related product and service names, design marks and slogans are trademarks or service marks of ITG or its affiliates and may not be used in any manner without the prior written consent of ITG or the ITG affiliate that owns any such mark(s). All other trademarks and service marks are trademarks of their respective owners.
Any claims (if any) arising in connection with your use of the Website, any Content, or the Public Areas must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions. If you believe that you are entitled or obligated to act contrary to this Agreement under any mandatory law, you agree to provide us with detailed and substantiated explanation of your reasons in writing at least 30 days before you act contrary to this Agreement, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation, though we are under no obligation to do so.
(a) Mutual rights of termination. You may terminate this Agreement, for any or no reason, at any time, with notice to ITG pursuant by writing to us at the address set forth in the closing paragraph of this Agreement. This notice will be effective upon ITG processing your notice. ITG may terminate the Agreement and your account for any reason or no reason, at any time, with or without notice. This cancellation shall be effective immediately or as may be specified in the notice. Termination of your member account includes disabling your access to the Website and may also bar you from any future use of the Website.
(b) Effect of Termination. Upon the termination of your Website account, you lose access to any services and features provided in connection therewith. The terms of this Agreement shall survive any termination, except Sections 4(b) (“Your Rights”) and our obligation under the initial sentence of Section 2(a) hereof.
20. Complete Agreement:
Thank you for your cooperation. We hope you find the Website helpful and convenient to use! Questions or comments regarding the Website, including any reports of non-functioning links, should be submitted using our Contact Us Form or via U.S. mail to: Interactive Tax Group, Inc. Office of Corporate Secretary, 1401 Dove St., Suite 540, Newport Beach, CA 92660. We try to answer every email and correspondence in a timely manner but due to volume may not always be able to do so.