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Online Tax Preparation - Terms of Service

TERMS OF SERVICE:
THE TAXMAN 1040.com Preparer Website © 2007. All rights reserved.
Revised 07/17/2007

Introduction

THE TAXMAN maintains this website for your personal information, entertainment, and enjoyment. Please feel free to browse, download from, talk back to, and otherwise use the site. At the same time, please remember that your access to the THE TAXMAN website is subject to the following Terms of Service as well as all applicable laws. By accessing and using the THE TAXMAN website, you accept the Terms of Service without limitation or qualification, and acknowledge that any other agreements you may have with any third party are superseded by the Terms of Service, to the extent that conflict exists.

THE TAXMAN may at any time revise these Terms of Service by updating this posting. You are bound by such revisions and should therefore visit this page to review the current Terms of Service from time to time. THE TAXMAN reserves the right, without notice and for any reason, to remove any content on this site, and to deny access of any user or users to all or any part of this site.

Copyrights, Other Rights

You should assume everything on the THE TAXMAN website is copyrighted unless otherwise noted and may not be used except as provided in the Terms of Service or with the express written consent from THE TAXMAN . THE TAXMAN neither warrants or represents that your use of the material displayed on the THE TAXMAN Online Tax Preparation site will not infringe rights of third parties. Any product, service, program, or technology described on the THE TAXMAN website may be the subject of other intellectual property rights (including but not limited to copyright, trademark, or patent rights) owned by THE TAXMAN . Any such right that is not expressly licensed herein is reserved by THE TAXMAN .

Images displayed on the THE TAXMAN website are either the property of, or used with permission by, THE TAXMAN . Use of these images by you or other third parties is prohibited unless expressly permitted in the Terms of Service or elsewhere on the THE TAXMAN website. Any unauthorized use of these images may violate copyright laws, trademark laws, the laws of privacy and publicity, and other applicable regulations and statutes.

Any product, service, program or technology described in any document published by THE TAXMAN on this site may be the subject of other intellectual property rights owned by THE TAXMAN . Any such right that is not expressly licensed hereunder is reserved by THE TAXMAN .

Trademarks

The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the THE TAXMAN website are registered and unregistered Trademarks of THE TAXMAN and others. Nothing contained on the THE TAXMAN website should be construed as granting by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the THE TAXMAN Online Tax Preparation site without the written permission of THE TAXMAN or such third party that may own the Trademark. Misuse of any Trademarks, or any other content, displayed on the THE TAXMAN website is prohibited. THE TAXMAN reserves the right to enforce its intellectual property rights, including via civil and criminal proceedings.

Submissions

Apart from your personal information (which is addressed in the Privacy Policy, any communication or material you send to the THE TAXMAN website, electronically or otherwise, including but not limited to data, questions, comments, suggestions, or submissions is and will be treated as non-confidential and non-proprietary. Anything you send to the THE TAXMAN website may be used by THE TAXMAN for any purpose including but not limited to reproduction, transmission, disclosure, publication, broadcast, and posting. By submitting material to THE TAXMAN , you irrevocably transfer and assign to THE TAXMAN , and forever waive and agree never to assert, any copyrights, "moral" rights, or other rights that you may have in such material. THE TAXMAN is free to use, without obligation of any kind, any ideas, concepts, techniques, or know-how contained in any communication you send to the THE TAXMAN website for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products and services.

By using this site, you may submit, or THE TAXMAN may gather, certain limited information about you and your usage of the site. Subject to the terms of the Privacy Policy, THE TAXMAN is free to use such information for any purpose it deems appropriate.

Liability Disclaimer

The information, software, products, and services included in or available thorough the THE TAXMAN website may include inaccuracies or typographical errors. Changes are periodically made to the THE TAXMAN website and to the information therein. THE TAXMAN and/or its respective suppliers may make improvements and/or changes in the THE TAXMAN website/services at any time.

THE TAXMAN and/or its respective suppliers make no representations about the suitability, reliability, availability, timeliness, lack of viruses or other harmful components and accuracy of the information, software, products, and services contained within the THE TAXMAN website for any purpose. All such information, software, products, services are provide “as is” without warranty of any kind. THE TAXMAN and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, workmanlike effort, title and non-infringement.

You specifically agree that THE TAXMAN shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through a THE TAXMAN website or service. You specifically agree that THE TAXMAN is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another’s rights, including intellectual property rights. You specifically agree that THE TAXMAN is not responsible for any content sent using and or included in a THE TAXMAN site by any third party.

In no event shall THE TAXMAN be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the THE TAXMAN website/services, with the delay or inability to use the THE TAXMAN website/services or related services, the provisions of or failure to provide services, or for any information, software, products, services and related graphics obtained through the 1040.com site, or otherwise arising out of the use of the THE TAXMAN website, whether based on contract, tort, negligence, strict liability or otherwise, even if THE TAXMAN or any of its suppliers has been advised of the possibility of 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. If you are dissatisfied with any portion of the THE TAXMAN website, or with any of these Terms of Use, your sole and exclusive remedy is to discontinue using the THE TAXMAN website.

Links

The THE TAXMAN website may contain links to third party sites. Such sites are not under the control of THE TAXMAN and THE TAXMAN is not responsible for the contents of any linked site(s), including without limitation any link contained in a linked site or any changes or updates to a linked site. THE TAXMAN is not responsible for webcasting or any other form of transmission received from any linked site nor is THE TAXMAN responsible if the linked site is not working appropriately. THE TAXMAN simply provides such links to you only as a convenience, and the inclusion of any link does not imply endorsement by THE TAXMAN of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the linked sites.

Any dealing with third parties (including advertisers) included within the THE TAXMAN site and services or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions are solely between you and the advertiser or other third party. THE TAXMAN shall not be responsible or liable for any part of any such dealing or promotions.

Legality

The Terms of Service shall be governed by the applicable laws without regard to its conflict of law provisions.

Any failure by THE TAXMAN to enforce any of its rights under the Terms of Service or applicable laws shall not constitute a waiver of such right. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, you, THE TAXMAN , and the court shall endeavor to give effect to the intent reflected in that provision, and the remaining Terms of Service provisions shall retain their full force and effect.

United States and foreign export control laws regulate the export and re-export of technology originating in the United States and such foreign countries. You will abide by these laws and regulations as applicable and will not transfer, directly or indirectly, by electronic transmission or otherwise, any content or software from the THE TAXMAN website to or from any countries or foreign nationals in violation of such laws or regulations.

Please note that the THE TAXMAN website is operated by Drake Enterprises, Ltd. Inc. Please also read over the THE TAXMAN website Privacy Policy. If you have any questions, comments, criticisms, or complaints about 1040.com, please feel free to email us at .