 
|
Tuesday, February 09, 2010 |
|
Tax Center
|
|
 |
| 1. |
Notice/Acceptance of Terms |
| |
This Global Terms of
Service Agreement (the "Agreement") is a legally binding contract between
you and Gil Sanchez Services. This Agreement governs your use of the Site (as defined below) operated by Gil Sanchez Services, its affiliates and subsidiaries. Be sure that you carefully read and fully
understand this Agreement. Gil Sanchez Services is willing to provide you with access to
the Site only on the condition that you accept all of the terms contained
in this Agreement. Your use of the Site, including any of the products or
services offered on the Site, will constitute your acceptance of, and agreement
to be bound by, all the terms of this Agreement. IF YOU DO NOT AGREE TO
ALL OF THESE TERMS, INCLUDING ANY SUBSEQUENT AMENDMENTS OR MODIFICATIONS
POSTED AT THE TIME OF ANY FUTURE ACCESS, DO NOT ACCESS THE SITE OR ANY PRODUCTS
OR SERVICES PROVIDED ON OR THROUGH THE SITE.
You may print this Agreement or
you can download this Agreement to your computer. Please note that the
information contained herein is subject to change without notice. In addition,
when using particular services, you shall be subject to any posted guidelines or rules
applicable to such service, which may be updated occasionally. All such
guidelines, or rules, are hereby incorporated by reference into this Agreement.
|
| 2. |
Description
of Service |
| |
Gil Sanchez Services and its affiliates
and subsidiaries currently provide users with access to a wide variety of
online financial services, tools, tax preparation services and branded programming
through its network of world wide web properties, as amended from time to
time (the "Site"). Unless explicitly stated otherwise, any new features
that augment the current Site, including the release of new Gil Sanchez Services properties
shall be subject to this Agreement. No part of the Site constitutes an offer
or solicitation to buy or sell products or services. Certain products or
services may be available only in certain jurisdictions in accordance with
local laws. Gil Sanchez Services assumes no responsibility for the timeliness, deletion,
mis-delivery or failure to store any user communications or personalization
settings. In order to use the Site, you must obtain access to the World
Wide Web, either directly or through devices that access web-based content,
and pay any service fees associated with such access.
|
| 3. |
License |
| |
Gil Sanchez Services grants you a personal, revocable,
non-transferable and non-exclusive right and license to use the object code
related to the Site (the "Code") and software used in connection with the
Site, as amended from time to time ("Software") on a single computer; provided
that you do not (and do not allow any third party to) copy, modify, create
a derivative work of, reverse engineer, reverse assemble, sell, assign,
sublicense, grant a security interest in or otherwise transfer any right
in the Code or the Software. You agree not to modify the Code or the Software
in any manner or form, or to use modified versions of the Code or the Software,
including (without limitation) for the purpose of obtaining unauthorized
access to the Site. You agree not to access the Site by any means other
than through the HTML interface that is provided by Gil Sanchez Services for use in accessing the Site.
|
| 4. |
Restrictions |
| |
You agree not to reproduce, duplicate,
copy, sell, rent, resell or exploit for any commercial purposes any portion
of the Site, use of the Site, or access to the Site. You agree not to create
or establish, or direct any other person to create or establish: (i) a hyperlink,
including but not limited to any deep link, to any page or location on the
Site; or (ii) a frame containing any portion of the Site, on any other website
or text document with hyperlink capabilities.
|
| 5. |
Modifications to Site |
| |
Gil Sanchez Services reserves the right to modify
or discontinue, temporarily or permanently, the Site (or any part thereof)
from time to time, for any or no reason and without notice. You agree that
Gil Sanchez Services shall not be liable to you or to any third party for any modification,
suspension or discontinuance of the Site. The information and materials
contained on the Site are subject to change. Your eligibility for particular
products and services offered by Gil Sanchez Services, or any of its affiliates or subsidiaries,
is subject to final approval and acceptance by Gil Sanchez Services.
|
| 6. |
Proprietary Rights |
| |
You acknowledge and agree that the
Software, the Code and the Site contain proprietary and confidential information
that is protected by applicable intellectual property and other laws. You
further acknowledge and agree that content contained in sponsor advertisements
or information presented to you through the Site or third parties is protected
by copyrights, trademarks, service marks, patents or other proprietary rights
and laws. You agree not to modify, rent, license, lease, loan, sell, distribute
or create derivative works based on the Site, the Code or the Software,
in whole or in part. Certain words, phrases, names, designs or logos on
the Site may constitute trademarks, service marks or trade names of Gil Sanchez Services
or third parties and the display thereof on the Site does not imply the
grant to you of a license therein.
|
| 7. |
Registration Obligations |
| |
In consideration of your use of
the Site, you agree to provide Gil Sanchez Services with accurate, current and complete
information about yourself as prompted by the Sites' registration form (such
information being the "Registration Data") and maintain and promptly update
the Registration Data to keep it accurate, current and complete. If you
provide any information that is inaccurate, not current or incomplete; or
Gil Sanchez Services has reasonable grounds to suspect that such information is untrue,
inaccurate, not current or incomplete, Gil Sanchez Services has the right, without limitation,
to suspend or terminate your account and refuse any and all current or future
use by you of the Site (or any portion thereof).
|
| 8. |
Member Account; Password and
Security; User Content |
| |
(A) Gil Sanchez Services may supply you with a
password and account designation upon completing the Site registration process.
You are responsible for maintaining the confidentiality of the password
and account, and are fully responsible for all activities that occur under
your password or account. You agree to immediately notify Gil Sanchez Services of any unauthorized
use of your password or account, or any other breach of security of which
you are aware and to ensure that you properly close out of your account
at the end of each session. Gil Sanchez Services assumes no liability for any loss or damage
arising from your failure to comply with this section.
(B) Gil Sanchez Services may offer the opportunity for you to contribute your ideas,
comments, questions and other communications to or from the Site (the
"User Content") in message boards, chat rooms, e-mail and other features
of the Site that may be offered from time to time. The Site shall not
be used to perform any illegal or immoral activities and none of the following
types of activities, without limitation, are in any way permitted on or
in connection with the Site:
a. transmitting information that infringes any patent, trademark,
trade secret, copyright or other proprietary or intellectual property
rights of any party;
b. transmitting any material that contains software viruses or
any other computer code, files, or programs designed to interrupt, destroy
or limit the functionality of any computer software or hardware or telecommunications
equipment;
c. Impersonating anyone or any entity, falsely stating or otherwise
misrepresenting your affiliation with a person or entity;
d. advertising or commercial content;
e. interfering with or disrupting the Site;
f. disrupting the activities or enjoyment of the Site for other
users; or
g. harassing, collecting, or storing personal data about other
users.
You agree and acknowledge that Gil Sanchez Services, in its sole discretion, may terminate
your password, account (or any part thereof) or use of the Site, and remove
any User Content within the Site, at any time and for any or no reason.
You agree that Gil Sanchez Services shall not be liable to you or any third party for
any termination of your access to the Site or deletion of any User Content
on the Site.
|
| 9. |
Content Policy; License of User
Content to Gil Sanchez Services |
| |
(A) Gil Sanchez Services and its contractors shall
have the right to remove any User Content that violates this Agreement or
is otherwise objectionable or illegal. You acknowledge and agree to evaluate,
and assume all risks associated with the use of any User Content, including
any reliance on the accuracy, completeness, or usefulness of such User Content,
Gil Sanchez Services content or the content of others. In this regard, you acknowledge
that you may not rely on any content created or posted by Gil Sanchez Services or submitted
to Gil Sanchez Services, including without limitation any information contained on the
Site.
(B) You acknowledge and agree that Gil Sanchez Services may preserve and disclose User
Content if required to do so by law or if Gil Sanchez Services believes in good faith
that such preservation or disclosure is reasonably necessary to comply
with legal process, enforce this Agreement, respond to a claim that User
Content violates third parties' rights, or to protect the right, property
or personal safety of Gil Sanchez Services, its users and the public.
(C) You understand that the technical processing and transmission of
the Site, including User Content, may involve transmissions over various
networks and changes to conform and adapt to technical requirements of
connecting networks or devices. You hereby grant Gil Sanchez Services an irrevocable,
worldwide, royalty-free license to use, display, duplicate, modify, adapt,
reproduce and distribute the User Content in any form.
|
| 10. |
Links and Transactions with Third
Parties |
| |
(A) Your correspondence or business
dealings with or participation in promotions of advertisers or third parties
found on or throughout the Site, including payment and delivery of related
goods or services and any other terms, conditions, warranties or representations
associated with such dealings, are solely between you and such parties and
are not bonding upon nor constitute obligations of Gil Sanchez Services. You agree that
Gil Sanchez Services shall not be responsible or liable for and you hereby agree to indemnify
Gil Sanchez Services and its affiliates and subsidiaries from and against any actions,
losses, damages, liabilities, claims, judgments, costs or expenses of any
nature or kind (collectively, "Claims") incurred as the result of any such
dealings.
(B) Gil Sanchez Services, or its affiliates or subsidiaries, may provide links to third
party sites containing information that some people may find inappropriate
or offensive. Gil Sanchez Services makes no representations concerning any effort by
it to review the content of sites provided or linked on the Site. Consequently,
Gil Sanchez Services is not responsible for the accuracy, copyright compliance, legality
or decency of material contained in sites linked from or otherwise linked
to the Site.
|
| 11. |
Disclaimer of Warranties |
| |
Except as expressly provided otherwise
in an applicable Online Tax Program End-User License Agreement (1040) or
Online Tax Program End-User License Agreement (1040EZ), Gil Sanchez Services disclaims
any and all responsibility or liability for the accuracy, content, completeness,
legality, reliability, or operability or availability of information or
material contained on the Site. Gil Sanchez Services disclaims any responsibility for the
deletion, failure to store, misdelivery, or untimely delivery of any information
or material in respect of the Site. Gil Sanchez Services disclaims any responsibility for
any harm resulting from downloading or accessing any information or material
on or through the Site.
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN AN APPLICABLE ONLINE TAX PROGRAM
END-USER LICENSE AGREEMENT (Form (1040) or (1040EZ)), THE PRODUCTS AND
SERVICES OFFERED ON THE SITE AND THE SOFTWARE AND CODE ARE PROVIDED OR
LICENSED, AS THE CASE MAY BE, PURSUANT HERETO "AS IS," WITH NO WARRANTIES
WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING,
WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED
TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED
BY LAW, Gil Sanchez Services DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY,
TIMELINESS, AND PERFORMANCE OF THE PRODUCTS AND SERVICES OFFERED ON THE
SITE AND FOR THE SOFTWARE OR CODE. TO THE FULLEST EXTENT PERMITTED BY
LAW, Gil Sanchez Services DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED
THROUGH OR ADVERTISED ON SITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON
THE SITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE
SITE OR THROUGH ANY LINKS PROVIDED ON THE SITE OR BY THE SOFTWARE OR THE
CODE. Gil Sanchez Services SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW,
ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SITE.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF THE PRODUCTS, SERVICES, SOFTWARE AND CODE IS AT YOUR
OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGES TO OR CLAIMS IN RESPECT THEREOF, INCLUDING WITHOUT LIMITATION,
YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH
MATERIAL.
Some jurisdictions do not allow the disclaimer of implied warranties.
In such jurisdictions, the foregoing disclaimers may not apply to you
insofar as they relate to implied warranties.
|
| 12. |
Limitation of Liability |
| |
IN NO EVENT WILL Gil Sanchez Services, OR ANY OF
ITS AFFILIATES OR SUBSIDIARIES, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT
LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES,
LOSSES OR EXPENSES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS AND LOSS
OF USE, ARISING IN CONNECTION WITH THIS SITE OR USE THEREOF OR INABILITY
TO USE BY ANY PARTY, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR,
OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER
VIRUS OR SYSTEM FAILURE, EVEN IF Gil Sanchez Services, OR AFFILIATES THEREOF, ARE ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES.
Some jurisdictions do not allow the exclusion of certain warranties or
the limitation or exclusion of liability for incidental or consequential
damages. Therefore, the foregoing limitations may not apply to you.
|
| 13. |
Indemnification |
| |
You agree to indemnify and hold
harmless Gil Sanchez Services and its affiliates and subsidiaries from and against any
Claims arising out of or relating to: (i) User Content you submit, post
to or transmit through the Site; (ii) your connection to, or user account
at, the Site; (iii) your violation of this Agreement; or (iv) your violation
of any rights of any other person in connection with the Site.
|
| 14. |
Other Agreements |
| |
(A) Governing Law. Any action related
to this Agreement will be governed by New York law and controlling U.S.
federal law. No choice of law rules of any jurisdiction will apply. With
respect to any dispute which may arise hereunder, you consent to the jurisdiction
of the federal and state courts sitting in New York County, New York.
(B) Entire Agreement. This Agreement, along with any other agreements
you accept on the Site relating to particular services provided by Gil Sanchez Services,
including but not limited to the Online Tax Program End-User License Agreement
(1040 or 1040EZ), is the entire and exclusive agreement between the parties,
and it supersedes all previous communications, representations or agreements,
either oral or written, between them with respect to this subject matter.
No representations or statements of any kind which are not expressly included
in this Agreement, shall be binding on Gil Sanchez Services, its affiliates or subsidiaries.
(C) Amendments. No variation or modification of this Agreement or any
waiver of any of its provisions or conditions shall be valid unless in
writing and signed by an authorized representative of each party.
(D) Waiver. No waiver of any provision herein shall be valid unless in
writing and signed by an authorized representative of both you and Gil Sanchez Services.
Gil Sanchez Services's failure to insist upon or enforce strict performance of any provision
of this Agreement or any right shall not be construed as a waiver of any
such provision or right.
(E) Severability. If any provision of this Agreement is determined by
a court of competent jurisdiction to be illegal or unenforceable, such
provision shall be automatically reformed and construed so as to be valid,
operative and enforceable to the maximum extent permitted by law or equity
while preserving its original intent. The invalidity of any part of this
Agreement shall not render invalid the remainder of this Agreement.
(F) Miscellaneous. This Agreement shall enure to the benefit of Gil Sanchez Services,
its affiliates, subsidiaries, and their respective successors and assigns.
Any and all references in this Agreement to Gil Sanchez Services, its affiliates or subsidiaries,
including without limitation, pursuant to Sections 10, 11, 12 and 13,
shall, where the context so permits, include Gil Sanchez Services's parent companies,
sister companies, and their respective subsidiaries, affiliates, directors,
officers, employees, contractors and agents. The headings contained herein
are for convenience only and shall have no legal or interpretive effect.
Additional terms and conditions may apply when you use other services,
affiliate services, third party content or third party software on or
through a link provided on the Site. Gil Sanchez Services may assign its rights and duties
under this Agreement to any party at any time without notice to you.
|
| 15. |
Questions |
| |
Should you have questions concerning
this Agreement, you may contact
Gil Sanchez Services
2917 Miles Ave
Bronx, NY 10465.
|
|
|
|
|
