TERMS OF USE
These Terms of Use constitute a legally binding agreement made
between you, whether personally or on behalf of an entity (“you”)
and SimpleFunTax LLC ("Company", “we”, “us”,
or “our”), concerning your access to and use of the http://www.simplefuntax.com website as well as any other media form, media
channel, mobile website or mobile application related, linked, or otherwise
connected thereto (collectively, the “Site”). The Site provides an online
marketplace for the following goods, products, and/or services: Tax
Professional Service (the “Marketplace Offerings”). In order to help make
the Site a secure environment for the purchase and sale of Marketplace
Offerings, all users are required to accept and comply with these Terms of Use.
You agree that by accessing the Site and/or the Marketplace Offerings, you have
read, understood, and agree to be bound by all of these Terms of Use. IF YOU DO
NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED
FROM USING THE SITE AND/OR THE MARKETPLACE OFFERINGS AND YOU MUST DISCONTINUE
USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be
posted on the Site from time to time are hereby expressly incorporated herein
by reference. We reserve the right, in our sole discretion, to make changes or
modifications to these Terms of Use at any time and for any reason. We will
alert you about any changes by updating the “Last updated” date of these Terms
of Use, and you waive any right to receive specific notice of each such change.
It is your responsibility to periodically review these Terms of Use to stay
informed of updates. You will be subject to, and will be deemed to have been
made aware of and to have accepted, the changes in any revised Terms of Use by
your continued use of the Site after the date such revised Terms of Use are
posted.
The information provided on the Site is not intended for
distribution to or use by any person or entity in any jurisdiction or country
where such distribution or use would be contrary to law or regulation or which
would subject us to any registration requirement within such jurisdiction or
country. Accordingly, those persons who choose to access the Site from other
locations do so on their own initiative and are solely responsible for
compliance with local laws, if and to the extent local laws are applicable.
The Site is not tailored to comply with industry-specific
regulations (Health Insurance Portability and Accountability Act (HIPAA),
Federal Information Security Management Act (FISMA), etc.), so if your
interactions would be subjected to such laws, you may not use this Site. You
may not use the Site in a way that would violate the Gramm-Leach-Bliley Act
(GLBA).
The Site is intended for users who are at least 18 years old.
Persons under the age of 18 are not permitted to use or register for the Site
or use the Marketplace Offerings.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Site is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Site. You may not use the Site in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site or use the Marketplace Offerings.
Unless otherwise indicated, the Site and the Marketplace
Offerings are our proprietary property and all source code, databases,
functionality, software, website designs, audio, video, text, photographs, and
graphics on the Site (collectively, the “Content”) and the trademarks, service
marks, and logos contained therein (the “Marks”) are owned or controlled by us
or licensed to us, and are protected by copyright and trademark laws and
various other intellectual property rights and unfair competition laws of the
United States, international copyright laws, and international conventions. The
Content and the Marks are provided on the Site “AS IS” for your information and
personal use only. Except as expressly provided in these Terms of Use, no part
of the Site or the Marketplace Offerings and no Content or Marks may be copied,
reproduced, aggregated, republished, uploaded, posted, publicly displayed,
encoded, translated, transmitted, distributed, sold, licensed, or otherwise
exploited for any commercial purpose whatsoever, without our express prior
written permission.
Provided that you are eligible to use the Site, you are granted
a limited license to access and use the Site and to download or print a copy of
any portion of the Content to which you have properly gained access solely for
your personal, non-commercial use. We reserve all rights not expressly granted
to you in and to the Site, the Content and the Marks.
By using the Site or the Marketplace Offerings, you represent
and warrant that:(1) all
registration information you submit will be true, accurate, current, and
complete; (2) you will maintain the accuracy of such information and promptly
update such registration information as necessary; (3) you have the legal capacity and you agree
to comply with these Terms of Use; (4) you are not a minor in the
jurisdiction in which you reside; (5) you will not access the Site or the
Marketplace Offerings through automated or non-human means, whether through a
bot, script or otherwise; (6) you will not use the Site for any illegal or
unauthorized purpose; and (7) your use of the Site or the Marketplace Offerings
will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not
current, or incomplete, we have the right to suspend or terminate your account
and refuse any and all current or future use of the Site (or any portion
thereof).
You may not use the Site or the Marketplace Offerings for any
illegal or unauthorized purpose nor may you, in the use of Marketplace
Offerings, violate any laws. Among unauthorized Marketplace Offerings are the
following: intoxicants of any sort; illegal drugs or other illegal products;
alcoholic beverages; games of chance; and pornography or graphic adult content,
images, or other adult products. Postings of any unauthorized products or
content may result in immediate termination of your account and a lifetime ban
from use of the Site.
We are a service provider and make no representations as to the
safety, effectiveness, adequacy, accuracy, availability, prices, ratings,
reviews, or legality of any of the information contained on the Site or the
Marketplace Offerings displayed or offered through the Site. You understand and
agree that the content of the Site does not contain or constitute
representations to be reasonably relied upon, and you agree to hold us harmless
from any errors, omissions, or misrepresentations contained within the Site’s
content. We do not endorse or recommend any Marketplace Offerings and the Site
is provided for informational and advertising purposes only.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
You may not use the Site or the Marketplace Offerings for any illegal or unauthorized purpose nor may you, in the use of Marketplace Offerings, violate any laws. Among unauthorized Marketplace Offerings are the following: intoxicants of any sort; illegal drugs or other illegal products; alcoholic beverages; games of chance; and pornography or graphic adult content, images, or other adult products. Postings of any unauthorized products or content may result in immediate termination of your account and a lifetime ban from use of the Site.
We are a service provider and make no representations as to the safety, effectiveness, adequacy, accuracy, availability, prices, ratings, reviews, or legality of any of the information contained on the Site or the Marketplace Offerings displayed or offered through the Site. You understand and agree that the content of the Site does not contain or constitute representations to be reasonably relied upon, and you agree to hold us harmless from any errors, omissions, or misrepresentations contained within the Site’s content. We do not endorse or recommend any Marketplace Offerings and the Site is provided for informational and advertising purposes only.
You may be required to register with the Site in order to access
the Marketplace Offerings. You agree to keep your password confidential and
will be responsible for all use of your account and password. We reserve the
right to remove, reclaim, or change a username you select if we determine, in
our sole discretion, that such username is inappropriate, obscene, or otherwise
objectionable.
We reserve the right to limit the quantities of the Marketplace
Offerings offered or available on the Site. All descriptions or pricing of the
Marketplace Offerings are subject to change at any time without notice, at our
sole discretion. We reserve the right to discontinue any Marketplace Offerings
at any time for any reason. We do not warrant that the quality of any of the
Marketplace Offerings purchased by you will meet your expectations or that any
errors in the Site will be corrected.
We accept the following forms of payment:
- Discover
- Mastercard
- Visa
You agree to provide current, complete, and accurate purchase
and account information for all purchases of the Marketplace Offerings made via
the Site. You further agree to promptly update account and payment information,
including email address, payment method, and payment card expiration date, so
that we can complete your transactions and contact you as needed. Sales tax will
be added to the price of purchases as deemed required by us. We may change
prices at any time. All payments shall be in U.S. dollars.
You agree to pay all charges at the prices then in effect for
your purchases and any applicable shipping fees, and you authorize us to charge
your chosen payment provider for any such amounts upon placing your
order. If your order is subject to recurring charges, then you consent to
our charging your payment method on a recurring basis without requiring your
prior approval for each recurring charge, until such time as you cancel the
applicable order. We reserve the right to correct any errors or mistakes
in pricing, even if we have already requested or received payment.
We reserve the right to refuse any order placed through the
Site. We may, in our sole discretion, limit or cancel quantities purchased per
person, per household, or per order. These restrictions may include orders
placed by or under the same customer account, the same payment method, and/or
orders that use the same billing or shipping address. We reserve the right to
limit or prohibit orders that, in our sole judgment, appear to be placed by
dealers, resellers, or distributors.
REFUNDS POLICY
Please review our Return Policy posted on the Site prior to making
any purchases.
You may not access or use the Site for any purpose other than
that for which we make the Site available. The Site may not be used in
connection with any commercial endeavors except those that are specifically endorsed
or approved by us.
As a user of the Site, you agree not to:
1. Systematically retrieve data or other content from the
Site to create or compile, directly or indirectly, a collection, compilation,
database, or directory without written permission from us.
2. Make any unauthorized use of the Marketplace Offerings,
including collecting usernames and/or email addresses of users by electronic or
other means for the purpose of sending unsolicited email, or creating user
accounts by automated means or under false pretenses.
3. Circumvent, disable, or otherwise interfere with
security-related features of the Site, including features that prevent or
restrict the use or copying of any Content or enforce limitations on the use of
the Site and/or the Content contained therein.
4. Engage in unauthorized framing of or linking to the Site.
5. Trick, defraud, or mislead us and other users, especially
in any attempt to learn sensitive account information such as user passwords.
6. Make improper use of our support services or submit false
reports of abuse or misconduct.
7. Engage in any automated use of the system, such as using
scripts to send comments or messages, or using any data mining, robots, or
similar data gathering and extraction tools.
8. Interfere with, disrupt, or create an undue burden on the
Site or the networks or services connected to the Site.
9. Attempt to impersonate another user or person or use the
username of another user.
10. Sell or otherwise transfer your profile.
11. Use any information obtained from the Site in order to
harass, abuse, or harm another person.
12. Use the Marketplace Offerings as part of any effort to
compete with us or otherwise use the Site and/or the Content for any
revenue-generating endeavor or commercial enterprise.
13. Decipher, decompile, disassemble, or reverse engineer any
of the software comprising or in any way making up a part of the Site.
14. Attempt to bypass any measures of the Site designed to
prevent or restrict access to the Site, or any portion of the Site.
15. Harass, annoy, intimidate, or threaten any of our
employees or agents engaged in providing any portion of the Marketplace
Offerings to you.
16. Delete the copyright or other proprietary rights notice
from any Content.
17. Copy or adapt the Site’s software, including but not
limited to Flash, PHP, HTML, JavaScript, or other code.
18. Upload or transmit (or attempt to upload or to transmit)
viruses, Trojan horses, or other material, including excessive use of capital
letters and spamming (continuous posting of repetitive text), that interferes
with any party’s uninterrupted use and enjoyment of the Site or modifies,
impairs, disrupts, alters, or interferes with the use, features, functions,
operation, or maintenance of the Marketplace Offerings.
19. Upload or transmit (or attempt to upload or to transmit)
any material that acts as a passive or active information collection or
transmission mechanism, including without limitation, clear graphics
interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar
devices (sometimes referred to as “spyware” or “passive collection mechanisms”
or “pcms”).
20. Except as may be the result of standard search engine or
Internet browser usage, use, launch, develop, or distribute any automated
system, including without limitation, any spider, robot, cheat utility,
scraper, or offline reader that accesses the Site, or using or launching any
unauthorized script or other software.
21. Disparage, tarnish, or otherwise harm, in our opinion, us
and/or the Site.
22. Use the Site in a manner inconsistent with any applicable
laws or regulations.
The Site may invite you to chat, contribute to, or participate
in blogs, message boards, online forums, and other functionality, and may
provide you with the opportunity to create, submit, post, display, transmit,
perform, publish, distribute, or broadcast content and materials to us or on
the Site, including but not limited to text, writings, video, audio,
photographs, graphics, comments, suggestions, or personal information or other
material (collectively, "Contributions"). Contributions may be
viewable by other users of the Site and the Marketplace Offerings and through
third-party websites. As such, any Contributions you transmit may be treated as
non-confidential and non-proprietary. When you create or make available any
Contributions, you thereby represent and warrant that:
1. The creation,
distribution, transmission, public display, or performance, and the accessing,
downloading, or copying of your Contributions do not and will not infringe the
proprietary rights, including but not limited to the copyright, patent,
trademark, trade secret, or moral rights of any third party.
2. You are the creator and owner of or have the necessary licenses,
rights, consents, releases, and permissions to use and to authorize us, the
Site, and other users of the Site to use your Contributions in any manner
contemplated by the Site and these Terms of Use.
3. You have the written consent, release, and/or permission of each and
every identifiable individual person in your Contributions to use the name or
likeness of each and every such identifiable individual person to enable
inclusion and use of your Contributions in any manner contemplated by the Site
and these Terms of Use.
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorized advertising,
promotional materials, pyramid schemes, chain letters, spam, mass mailings, or
other forms of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent,
harassing, libelous, slanderous, or otherwise objectionable (as determined by
us).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or
abuse anyone.
8. Your Contributions are not used to harass or threaten (in the legal
sense of those terms) any other person and to promote violence against a
specific person or class of people.
9. Your Contributions do not violate any applicable law, regulation, or
rule.
10. Your Contributions do not violate the privacy or publicity rights of
any third party.
11. Your Contributions do not contain any material that solicits personal
information from anyone under the age of 18 or exploits people under the age of
18 in a sexual or violent manner.
12. Your Contributions do not violate any applicable law concerning child
pornography, or otherwise intended to protect the health or well-being of
minors.
13. Your Contributions do not include any offensive comments that are
connected to race, national origin, gender, sexual preference, or physical
handicap.
14. Your Contributions do not otherwise violate, or link to material that
violates, any provision of these Terms of Use, or any applicable law or
regulation.
Any use of the Site or the Marketplace Offerings in violation of
the foregoing violates these Terms of Use and may result in, among other
things, termination or suspension of your rights to use the Site and the
Marketplace Offerings.
By posting your Contributions to any part of the Site, you
automatically grant, and you represent and warrant that you have the right to
grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive,
transferable, royalty-free, fully-paid, worldwide right, and license to host,
use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle,
archive, store, cache, publicly perform, publicly display, reformat, translate,
transmit, excerpt (in whole or in part), and distribute such Contributions
(including, without limitation, your image and voice) for any purpose,
commercial, advertising, or otherwise, and to prepare derivative works of, or
incorporate into other works, such Contributions, and grant and authorize
sublicenses of the foregoing. The use and distribution may occur in any media
formats and through any media channels.
This license will apply to any form, media, or technology now
known or hereafter developed, and includes our use of your name, company name,
and franchise name, as applicable, and any of the trademarks, service marks,
trade names, logos, and personal and commercial images you provide. You waive
all moral rights in your Contributions, and you warrant that moral rights have
not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You
retain full ownership of all of your Contributions and any intellectual
property rights or other proprietary rights associated with your Contributions.
We are not liable for any statements or representations in your Contributions
provided by you in any area on the Site. You are solely responsible for your
Contributions to the Site and you expressly agree to exonerate us from any and
all responsibility and to refrain from any legal action against us regarding
your Contributions.
We have the right, in our sole and absolute discretion, (1) to
edit, redact, or otherwise change any Contributions; (2) to re-categorize any
Contributions to place them in more appropriate locations on the Site; and (3)
to pre-screen or delete any Contributions at any time and for any reason,
without notice. We have no obligation to monitor your Contributions.
We may provide you areas on the Site to leave reviews or
ratings. When posting a review, you must comply with the following criteria:
(1) you should have firsthand experience with the person/entity being reviewed;
(2) your reviews should not contain offensive profanity, or abusive, racist,
offensive, or hate language; (3) your reviews should not contain discriminatory
references based on religion, race, gender, national origin, age, marital
status, sexual orientation, or disability; (4) your reviews should not contain
references to illegal activity; (5) you should not be affiliated with
competitors if posting negative reviews; (6) you should not make any
conclusions as to the legality of conduct; (7) you may not post any false or
misleading statements; and (8) you may not organize a campaign encouraging
others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion.
We have absolutely no obligation to screen reviews or to delete reviews, even
if anyone considers reviews objectionable or inaccurate. Reviews are not
endorsed by us, and do not necessarily represent our opinions or the views of
any of our affiliates or partners. We do not assume liability for any review or
for any claims, liabilities, or losses resulting from any review. By posting a
review, you hereby grant to us a perpetual, non-exclusive, worldwide,
royalty-free, fully-paid, assignable, and sublicensable right and license to
reproduce, modify, translate, transmit by any means, display, perform, and/or
distribute all content relating to reviews.
Use License
If you access the Marketplace Offerings via a mobile
application, then we grant you a revocable, non-exclusive, non-transferable,
limited right to install and use the mobile application on wireless electronic
devices owned or controlled by you, and to access and use the mobile
application on such devices strictly in accordance with the terms and
conditions of this mobile application license contained in these Terms of Use.
You shall not: (1) decompile, reverse engineer, disassemble, attempt to derive
the source code of, or decrypt the application; (2) make any modification,
adaptation, improvement, enhancement, translation, or derivative work from the
application; (3) violate any applicable laws, rules, or regulations in
connection with your access or use of the application; (4) remove, alter, or
obscure any proprietary notice (including any notice of copyright or trademark)
posted by us or the licensors of the application; (5) use the application for
any revenue generating endeavor, commercial enterprise, or other purpose for
which it is not designed or intended; (6) make the application available over a
network or other environment permitting access or use by multiple devices or
users at the same time; (7) use the application for creating a product,
service, or software that is, directly or indirectly, competitive with or in
any way a substitute for the application; (8) use the application to send
automated queries to any website or to send any unsolicited commercial e-mail;
or (9) use any proprietary information or any of our interfaces or our other
intellectual property in the design, development, manufacture, licensing, or
distribution of any applications, accessories, or devices for use with the
application.
The following terms apply when you use a mobile application
obtained from either the Apple Store or Google Play (each an “App Distributor”)
to access the Marketplace Offerings: (1) the license granted to you for our
mobile application is limited to a non-transferable license to use the
application on a device that utilizes the Apple iOS or Android operating
systems, as applicable, and in accordance with the usage rules set forth in the
applicable App Distributor’s terms of service; (2) we are responsible for
providing any maintenance and support services with respect to the mobile
application as specified in the terms and conditions of this mobile application
license contained in these Terms of Use or as otherwise required under
applicable law, and you acknowledge that each App Distributor has no obligation
whatsoever to furnish any maintenance and support services with respect to the
mobile application; (3) in the event of any failure of the mobile application
to conform to any applicable warranty, you may notify the applicable App
Distributor, and the App Distributor, in accordance with its terms and
policies, may refund the purchase price, if any, paid for the mobile
application, and to the maximum extent permitted by applicable law, the App
Distributor will have no other warranty obligation whatsoever with respect to
the mobile application; (4) you represent and warrant that (i) you are not
located in a country that is subject to a U.S. government embargo, or that has
been designated by the U.S. government as a “terrorist supporting” country and
(ii) you are not listed on any U.S. government list of prohibited or restricted
parties; (5) you must comply with applicable third-party terms of agreement
when using the mobile application, e.g., if you have a VoIP application, then
you must not be in violation of their wireless data service agreement when
using the mobile application; and (6) you acknowledge and agree that the App
Distributors are third-party beneficiaries of the terms and conditions in this
mobile application license contained in these Terms of Use, and that each App
Distributor will have the right (and will be deemed to have accepted the right)
to enforce the terms and conditions in this mobile application license
contained in these Terms of Use against you as a third-party beneficiary
thereof.
You acknowledge and agree that any questions, comments,
suggestions, ideas, feedback, or other information regarding the Site or the
Marketplace Offerings ("Submissions") provided by you to us are
non-confidential and shall become our sole property. We shall own exclusive
rights, including all intellectual property rights, and shall be entitled to
the unrestricted use and dissemination of these Submissions for any lawful
purpose, commercial or otherwise, without acknowledgment or compensation to
you. You hereby waive all moral rights to any such Submissions, and you hereby
warrant that any such Submissions are original with you or that you have the
right to submit such Submissions. You agree there shall be no recourse against
us for any alleged or actual infringement or misappropriation of any
proprietary right in your Submissions.
We allow advertisers to display their advertisements and other
information in certain areas of the Site, such as sidebar advertisements or
banner advertisements. If you are an advertiser, you shall take full
responsibility for any advertisements you place on the Site and any services
provided on the Site or products sold through those advertisements. Further, as
an advertiser, you warrant and represent that you possess all rights and
authority to place advertisements on the Site, including, but not limited to,
intellectual property rights, publicity rights, and contractual rights. We simply provide the
space to place such advertisements, and we have no other relationship with
advertisers.
We reserve the right, but not the obligation, to: (1) monitor
the Site for violations of these Terms of Use; (2) take appropriate legal
action against anyone who, in our sole discretion, violates the law or these
Terms of Use, including without limitation, reporting such user to law
enforcement authorities; (3) in our sole discretion and without limitation,
refuse, restrict access to, limit the availability of, or disable (to the
extent technologically feasible) any of your Contributions or any portion
thereof; (4) in our sole discretion and without limitation, notice, or
liability, to remove from the Site or otherwise disable all files and content
that are excessive in size or are in any way burdensome to our systems; and (5)
otherwise manage the Site in a manner designed to protect our rights and
property and to facilitate the proper functioning of the Site and the
Marketplace Offerings.
We care about data privacy and security. By
using the Site or the Marketplace Offerings, you agree to be bound by our
Privacy Policy posted on the Site, which is incorporated into these Terms of
Use. Please be advised the Site and the Marketplace Offerings are hosted
in the United States. If you access the Site or the Marketplace
Offerings from any other region of the world with laws or other requirements
governing personal data collection, use, or disclosure that differ from
applicable laws in the United States, then through your continued use of the Site,
you are transferring your data to the United States, and you agree to have your data transferred
to and processed in the United States.
We respect the intellectual property rights of others. If you
believe that any material available on or through the Site infringes upon any
copyright you own or control, please immediately notify us using the contact
information provided below (a “Notification”). A copy of your Notification will
be sent to the person who posted or stored the material addressed in the
Notification. Please be advised that pursuant to applicable law you may be held
liable for damages if you make material misrepresentations in a Notification.
Thus, if you are not sure that material located on or linked to by the Site
infringes your copyright, you should consider first contacting an attorney.
These Terms of Use shall remain in full force and effect while
you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE,
WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR
LIABILITY, DENY ACCESS TO AND USE OF THE SITE AND THE MARKETPLACE OFFERINGS
(INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR
NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION,
WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW
OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE AND THE
MARKETPLACE OFFERINGS OR DELETE YOUR ACCOUNT AND ANY CONTENT OR
INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE
DISCRETION.
If we terminate or suspend your account for any reason, you are
prohibited from registering and creating a new account under your name, a fake
or borrowed name, or the name of any third party, even if you may be acting on
behalf of the third party. In addition to terminating or suspending your account,
we reserve the right to take appropriate legal action, including without
limitation pursuing civil, criminal, and injunctive redress.
MODIFICATIONS AND
INTERRUPTIONS
We reserve the right to change, modify, or remove the contents
of the Site at any time or for any reason at our sole discretion without
notice. However, we have no obligation to update any information on our Site.
We also reserve the right to modify or discontinue all or part of the
Marketplace Offerings without notice at any time. We will not be liable to you
or any third party for any modification, price change, suspension, or
discontinuance of the Site or the Marketplace Offerings.
We cannot guarantee the Site and the Marketplace Offerings will
be available at all times. We may experience hardware, software, or other
problems or need to perform maintenance related to the Site, resulting in
interruptions, delays, or errors. We reserve the right to change, revise,
update, suspend, discontinue, or otherwise modify the Site or the Marketplace
Offerings at any time or for any reason without notice to you. You agree that
we have no liability whatsoever for any loss, damage, or inconvenience caused
by your inability to access or use the Site or the Marketplace Offerings during
any downtime or discontinuance of the Site or the Marketplace Offerings.
Nothing in these Terms of Use will be construed to obligate us to maintain and
support the Site or the Marketplace Offerings or to supply any corrections,
updates, or releases in connection therewith.
These Terms of Use and your use of the Site and the Marketplace
Offerings are governed by and construed in accordance with the laws of the
State of Ohio applicable to agreements made and to be entirely
performed within the State of Ohio, without regard to its
conflict of law principles.
Informal Negotiations
To expedite resolution
and control the cost of any dispute, controversy, or claim related to these
Terms of Use (each "Dispute" and collectively, the
"Disputes") brought by either you or us (individually, a
"Party" and collectively, the "Parties"), the Parties agree
to first attempt to negotiate any Dispute (except those Disputes expressly
provided below) informally for at least thirty (30) days before
initiating arbitration. Such informal negotiations commence upon written notice
from one Party to the other Party.
Binding Arbitration
If the Parties are unable
to resolve a Dispute through informal negotiations, the Dispute (except those
Disputes expressly excluded below) will be finally and exclusively resolved
through binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU
WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration
shall be commenced and conducted under the Commercial Arbitration Rules of the
American Arbitration Association ("AAA") and, where appropriate, the
AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA
Consumer Rules"), both of which are available at the AAA website: www.adr.org. Your arbitration fees
and your share of arbitrator compensation shall be governed by the AAA Consumer
Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be
conducted in person, through the submission of documents, by phone, or online.
The arbitrator will make a decision in writing, but need not provide a
statement of reasons unless requested by either Party. The arbitrator must
follow applicable law, and any award may be challenged if the arbitrator fails
to do so. Except where otherwise required by the applicable AAA rules or
applicable law, the arbitration will take place in Ohio. Except as
otherwise provided herein, the Parties may litigate in court to compel
arbitration, stay proceedings pending arbitration, or to confirm, modify,
vacate, or enter judgment on the award entered by the arbitrator.
If for any reason, a
Dispute proceeds in court rather than arbitration, the Dispute shall be
commenced or prosecuted in the state and federal courts located
in Ohio, and the Parties hereby consent to, and waive all defenses of lack
of personal jurisdiction, and forum non conveniens with respect to venue and
jurisdiction in such state and federal courts. Application of the United
Nations Convention on Contracts for the International Sale of Goods and the
Uniform Computer Information Transaction Act (UCITA) is excluded from these
Terms of Use.
If this provision is
found to be illegal or unenforceable, then neither Party will elect to
arbitrate any Dispute falling within that portion of this provision found to be
illegal or unenforceable, and such Dispute shall be decided by a court of
competent jurisdiction within the courts listed for jurisdiction above, and the
Parties agree to submit to the personal jurisdiction of that court.
Restrictions
The Parties agree that
any arbitration shall be limited to the Dispute between the Parties
individually. To the full extent permitted by law, (a) no arbitration shall be
joined with any other proceeding; (b) there is no right or authority for any
Dispute to be arbitrated on a class-action basis or to utilize class action
procedures; and (c) there is no right or authority for any Dispute to be
brought in a purported representative capacity on behalf of the general public
or any other persons.
Exceptions to Informal
Negotiations and Arbitration
The Parties agree that
the following Disputes are not subject to the above provisions concerning
informal negotiations and binding arbitration: (a) any Disputes seeking to
enforce or protect, or concerning the validity of, any of the intellectual
property rights of a Party; (b) any Dispute related to, or arising from,
allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c)
any claim for injunctive relief. If this provision is found to be illegal or
unenforceable, then neither Party will elect to arbitrate any Dispute falling
within that portion of this provision found to be illegal or unenforceable and
such Dispute shall be decided by a court of competent jurisdiction within the
courts listed for jurisdiction above, and the Parties agree to submit to the
personal jurisdiction of that court.
CORRECTIONS
There may be information on the Site that contains typographical
errors, inaccuracies, or omissions that may relate to the Marketplace
Offerings, including descriptions, pricing, availability, and various other
information. We reserve the right to correct any errors, inaccuracies, or
omissions and to change or update the information on the Site at any time,
without prior notice.
DISCLAIMER
THE SITE AND THE MARKETPLACE OFFERINGS ARE PROVIDED ON AN AS-IS
AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES
WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM
ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND THE
MARKETPLACE OFFERINGS AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY
OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO
THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS,
MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR
PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND
USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS
AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED
THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE
OR THE MARKETPLACE OFFERINGS, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE
WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6)
ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE
OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED,
OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE,
GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED
BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR
MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT
BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION
BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE
PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU
SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE
LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL,
EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT,
LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE
OR THE MARKETPLACE OFFERINGS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED
HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE
FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE
AMOUNT PAID, IF ANY, BY YOU TO US OR $9.99 USD. CERTAIN US STATE LAWS
AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE
EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR
ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY
HAVE ADDITIONAL RIGHTS.
INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including
our subsidiaries, affiliates, and all of our respective officers, agents,
partners, and employees, from and against any loss, damage, liability, claim,
or demand, including reasonable attorneys’ fees and expenses, made by any third
party due to or arising out of: (1) your Contributions; (2) use of
the Marketplace Offerings; (3) breach of these Terms of Use; (4) any breach of
your representations and warranties set forth in these Terms of Use; (5) your
violation of the rights of a third party, including but not limited to
intellectual property rights; or (6) any overt harmful act toward any other
user of the Site or the Marketplace Offerings with whom you connected via the
Site. Notwithstanding the foregoing, we reserve the right, at your expense, to
assume the exclusive defense and control of any matter for which you are
required to indemnify us, and you agree to cooperate, at your expense, with our
defense of such claims. We will use reasonable efforts to notify you of any
such claim, action, or proceeding which is subject to this indemnification upon
becoming aware of it.
USER DATA
We will maintain certain data that you transmit to the Site for
the purpose of managing the performance of the Marketplace Offerings, as well
as data relating to your use of the Marketplace Offerings. Although we perform
regular routine backups of data, you are solely responsible for all data that
you transmit or that relates to any activity you have undertaken using the
Marketplace Offerings. You agree that we shall have no liability to you for any
loss or corruption of any such data, and you hereby waive any right of action
against us arising from any such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND
SIGNATURES
Visiting the Site, sending us emails, and completing online
forms constitute electronic communications. You consent to receive electronic
communications, and you agree that all agreements, notices, disclosures, and
other communications we provide to you electronically, via email and on the
Site, satisfy any legal requirement that such communication be in writing. YOU
HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER
RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF
TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any
rights or requirements under any statutes, regulations, rules, ordinances, or
other laws in any jurisdiction which require an original signature or delivery
or retention of non-electronic records, or to payments or the granting of
credits by any means other than electronic means.
CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can
contact the Complaint Assistance Unit of the Division of Consumer Services of
the California Department of Consumer Affairs in writing at 1625 North Market
Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800)
952-5210 or (916) 445-1254.
MISCELLANEOUS
These Terms of Use and any policies or operating rules posted by
us on the Site or in respect to the Marketplace Offerings constitute the entire
agreement and understanding between you and us. Our failure to exercise or
enforce any right or provision of these Terms of Use shall not operate as a
waiver of such right or provision. These Terms of Use operate to the fullest
extent permissible by law. We may assign any or all of our rights and
obligations to others at any time. We shall not be responsible or liable for
any loss, damage, delay, or failure to act caused by any cause beyond our
reasonable control. If any provision or part of a provision of these Terms of
Use is determined to be unlawful, void, or unenforceable, that provision or
part of the provision is deemed severable from these Terms of Use and does not
affect the validity and enforceability of any remaining provisions. There is no
joint venture, partnership, employment or agency relationship created between
you and us as a result of these Terms of Use or use of the Marketplace
Offerings. You agree that these Terms of Use will not be construed against us
by virtue of having drafted them. You hereby waive any and all defenses you may
have based on the electronic form of these Terms of Use and the lack of signing
by the parties hereto to execute these Terms of Use.
CONTACT US
In order to resolve a complaint regarding the Site or the
Marketplace Offerings or to receive further information regarding use of the
Site or the Marketplace Offerings, please contact us at:
SimpleFunTax LLC
4747 Silver Fox Ct.
West
Chester, OH 45069
United States
Phone: 6265888171
info@simplefuntax.com