1. ACCEPTANCE OF TERMS
2. CHANGES TO TERMS
DanosDirectory may periodically modify and supplement these TOS, with or without notice to you. You are responsible for regularly checking these TOS for revisions.
This General Terms of Service (this “TOS”), may be modified or amended periodically by DanosDirectory (as defined below), is a legally binding agreement made by and between DanosDirectory and you, personally and, if applicable, on behalf of the entity for whom you are using any of DanoPage’s products or services, (collectively, “you” or “your”). This TOS governs your use of all DanoPage’s products and services, including mobile applications and this website (“Services”) so please read it carefully. The “Effective Date” of this TOS is March 8, 2017.
BY ACCESSING OR USING ANY PART OF THE SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THIS TOS, WHICH CONTAINS WAIVER OF CLASS-ACTION RIGHTS AND LIABILITY LIMITATIONS. IF YOU DO NOT AGREE TO BE SO BOUND, YOU MAY NOT ACCESS OR USE ANY SERVICE. UNLESS OTHERWISE EXPRESSLY STATED, DANOSDIRECTORY DISCLAIMS ANY AND ALL WARRANTIES WHETHER PROVIDED BY DANOSDIRECTORY, ITS AFFILIATES, OR ITS RESPECTIVE EMPLOYEES AND AGENTS.
3. THE SERVICES
DanosDirectory provides Services that are, unless otherwise expressly stated, advertising sites and services. DanosDirectory displays advertising on behalf of businesses and DanosDirectory relies upon those businesses for the accuracy, completeness and honesty of that advertising. Under no circumstances does DanosDirectory endorse and/or have any other connection with the businesses that advertise with us.
The Services allow users to, among other things, find and compare products and services. The Services may provide paid listings, advertisements or other sponsored information. The Services may also commingle sponsored information with general, unpaid search results and may not distinguish between these two categories of information. Sponsored listings or other advertisements may also be given priority in display over unpaid listings.
To use the Services, you must be, and represent and warrant that you are, of legal age (18 years and over) and of legal competence to enter into a binding agreement with DanosDirectory, and are not otherwise prohibited from using or receiving the Services in accordance with this TOS. By using the Services on behalf of any third party you are representing to us that you are an authorized representative of that third party and that your use of the Services constitutes their acceptance of this TOS.
5. ADDITIONAL TERMS
DanosDirectory provides a wide variety of Services to both consumers and business users. Some Services are subject to additional terms, which are listed below or presented to you when you use such Services. If you are using or would like to use any of the following Services, please follow the link below to access those additional terms. If there is a conflict between these TOS and the additional terms for a particular Service, the additional terms will control for that Service. You may not use any of these Services unless you agree to the applicable additional terms. Links to certain additional terms follow:
6. GRANT OF RIGHTS
Subject to your compliance with the terms and conditions of this TOS, DanosDirectory grants you a limited, non-exclusive right to use the Services, and any content and materials made available to you in connection with your use of the Services, only for your non-commercial, informational purposes and for such other purposes (and subject to such further limitations) as may be provided in this TOS (including any additional terms applicable to a particular Service) or any instructions for use that DanosDirectory may provide from time to time.
DanosDirectory, in its sole discretion, may terminate, suspend or otherwise restrict your user ID, password or access to or use of the Service (or any portion thereof) at any time for any reason whatsoever, including, without limitation, if DanosDirectory believes that you have violated or acted inconsistently with the letter or spirit of these Terms. You acknowledge and agree that any termination, suspension or restriction of your access to the Service under any provision of these Terms may be effected without prior notice, or any notice at all, and that DanosDirectory may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. DanosDirectory shall not be liable to you or any third party for any termination, suspension or restriction of your access to the Service.
8. INTELLECTUAL PROPERTY RIGHTS
Using the Services does not give you ownership of or any rights to any materials or content that may be provided to you in connection with your use of the Services, all of which is owned by DanosDirectory, its licensors, or other entities, and is protected by copyright and other intellectual property rights. Except as expressly set forth in this TOS, you may not use, display, perform, copy, reproduce, represent, adapt, create derivative works from, distribute, transmit, sublicense or otherwise circulate by any means whatsoever any materials or content made available to you in connection with your use of the Services, without express permission from the owner or DanosDirectory (as applicable). Using the Services does not give you any rights to use any trademarks, service marks, trade dress, trade names, or the like (“DanosDirectory Marks”), used in connection with the Services, without express permission from the owner.
9. UNAUTHORIZED USE OF MARKS
Although DanosDirectory protects and defends its rights in its intellectual property, it may not be aware of unauthorized use of DanosDirectory Marks by a third party; accordingly, do not rely upon any third party’s use of any DanosDirectory Marks in determining whether a third party is affiliated with DanosDirectory, as such use may be unauthorized.
10. PROHIBITED CONDUCT
You may use the Services and any materials or content made available to you in connection with your use of the Services only as expressly permitted by this TOS and only in a manner that does not interfere with DanosDirectory’s right or ability to provide the Services or any third party’s right or ability to use or enjoy the Services.
Without limitation, you may not:
a) infringe, violate, or transgress any right of any party;
b) attempt to bypass, disrupt or interfere with the security, provision or use of the Services;
c) impersonate another person or entity, misrepresent your affiliation with a person or entity (including DanosDirectory), or use a false identity;
d) attempt to obtain unauthorized access to the Services;
e) engage, directly or indirectly, in any type of unsolicited communication;
f) collect, manually or through an automatic process, information about other users without their express consent or other information relating to the Services;
g) submit false or misleading information to DanosDirectory;
h) violate any law, rule, or regulation;
i) use any DanosDirectory Marks or other portion of the Services (including in connection with meta tags or other “hidden text”) in advertising, promotions, or for other commercial purposes;
j) use the FindTaxPro.com or DanosDirectory.com domain name or any domain name that is confusingly similar to this or another DanosDirectory domain name as a pseudonymous return e-mail address for any communications that you transmit from another location or through another service;
k) link to or “frame” any DanosDirectory website (including deep linking to a specific portion of any DanosDirectory website) or overlay content on the Services;
l) conduct script searches or use search results of the Services in a manner that results in the automated display of any material or other information on a third party website;
m) use the Services to compile information about a product or service for use in connection with a listing for a competitive product or service;
n) take any action that may undermine the ratings or review or similar process(es) under the Services;
o) assist any third party in engaging in any activity prohibited by this TOS.
DanosDirectory reserves the right, but not the obligation, to monitor the Services for the purpose of determining that your usage is in compliance with this TOS.
11. CHANGES TO SERVICE
DanosDirectory may change or discontinue any of the Services at any time without notice or liability to you or any third party.
13. USER GENERATED CONTENT
Some of the Services allow you to submit or generate content. If you submit or generate content, you must comply with DanosDirectory’s User Generated Content Guidelines. To the extent you have any intellectual property rights in such content, you will retain those rights subject to the grant of license in this Section. By uploading or otherwise submitting content in connection with your use of the Services, you grant DanosDirectory (and its affiliates, distributors, and other contractors it may designate in its discretion) a non-exclusive, worldwide, perpetual, royalty-free, non-terminable, transferable, license, with the right to sublicense through multiple tiers, to use, distribute, reproduce, create derivative works of, publicly perform, publicly display and transmit such content for any purpose without any compensation, attribution, or other obligation to you. You agree not to submit content unless you have the right to grant this license for such content.
If you submit ideas, suggestions or anything else about the Services (such as ways to improve the Services) to DanosDirectory, you agree that DanosDirectory can use or publish that feedback for any reason, without payment or other compensation to you, forever and throughout the world. You agree not to submit any feedback to DanosDirectory in which you do not wish to grant such rights.
15. THIRD PARTY CONTENT
DanosDirectory may provide access to third party content, such as user-generated reviews, other content submitted by users of the Services, and links to third-party websites. DanosDirectory does not, unless otherwise provided:
(i) undertake any obligation to review, screen, or investigate materials or other information submitted or otherwise provided by third parties (including other users) in connection with the Services;
(ii) (ii) undertake any obligation to review, screen, or investigate third parties who provide links to their websites (or the websites of other third parties) or the content of any such websites; or
(iii) (iii) endorse any positions, ideas, ideologies, concepts, or opinions contained in such third-party content.
DanosDirectory is not responsible for any third party materials or other information, including whether the information is accurate or suitable or available for your use, for the performance or operation of any third party website, for any products or services advertised or sold by any third party (including on or through a third party’s website), or for any other action or inaction by any third party. Your use of any such third party websites will be subject to those terms to which you and the third party agree. DanosDirectory will have the right to delete or modify any third-party content in its sole discretion. You assume all risks arising out of or resulting from your transaction of business over the Internet, and you agree that DanosDirectory is not responsible or liable for any loss or damage resulting from your use of third-party content, websites, or services.
16. OBJECTIONABLE CONTENT
If you become aware of any objectionable third-party content, you may contact DanosDirectory customer service to report it. DanosDirectory will address such requests if and to the extent it deems appropriate, in its sole discretion.
17. DISCLAIMERS OF WARRANTIES
DANOSDIRECTORY PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. DANOSDIRECTORY DOES NOT REPRESENT OR WARRANT THAT THE SERVICES, THEIR USE, ANY INFORMATION PROVIDED IN CONNECTION WITH THE SERVICES:
(I) WILL BE UNINTERRUPTED OR SECURE,
(II) WILL BE FREE OF DEFECTS, DELAYS, INACCURACIES OR ERRORS,
(III) WILL MEET YOUR REQUIREMENTS, OR
(IV) WILL OPERATE IN THE CONFIGURATION OR WITH HARDWARE OR SOFTWARE YOU USE.
DANOSDIRECTORY MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THIS TOS, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT. DANOSDIRECTORY MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY THIRD PARTY MATERIALS, INFORMATION, GOODS, OR SERVICES, WHETHER RECEIVED OR ACCESSED VIA ANY LINKS PROVIDED BY OR IN CONNECTION WITH THE SERVICES OR OTHERWISE. DANOSDIRECTORY MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY GOODS OR SERVICES WHICH MAY BE PURCHASED OR OBTAINED FROM DANOSDIRECTORY OR ANY THIRD PARTY AS A RESULT OF USING THE SERVICES.
18. EXCLUSION OF DAMAGES
DANOSDIRECTORY WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE SERVICES, REGARDLESS OF THE CAUSE OF ACTION ON WHICH THEY ARE BASED, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING, INCLUDING WITHOUT LIMITATION, THE COST OF ANY GOODS OR SERVICES WHICH MAY BE PURCHASED OR OBTAINED AS A RESULT OF USING THE SERVICES.
19. LIMITATION OF LIABILITY
IN NO EVENT WILL THE AGGREGATE LIABILITY OF DANOSDIRECTORY ARISING FROM, RELATING TO, OR IN CONNECTION WITH THIS TOS OR THE SERVICES EXCEED THE GREATER OF:
(I) AMOUNTS THAT YOU PAID DANOSDIRECTORY FOR YOUR USE OF THE SERVICES;
(II) $50; OR
(III) WITH RESPECT TO SERVICES SUBJECT TO ADDITIONAL TERMS, THE AGGREGATE LIABILITY AMOUNT SPECIFIED IN SUCH ADDITIONAL TERMS.
20. STATE LAW RIGHTS
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. AS SUCH, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS APPLY, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
You agree to indemnify, defend and hold DanosDirectory and its employees, representatives, agents, attorneys, affiliates, directors, officers, members, managers and shareholders (“Indemnified Parties”) harmless from any damage, loss, cost or expense (including without limitation, attorneys’ fees and costs) incurred in connection with any third party claim, demand or action (“Claim”) brought or asserted against any of the Indemnified Parties:
(i) alleging facts or circumstances that would constitute a breach by you of any provision of this TOS or
(ii) arising from, related to, or connected with your use of the Services.
If you are obligated to provide indemnification pursuant to this provision, DanosDirectory may, in its sole and absolute discretion, control the disposition of any Claim at your sole cost and expense. Without limiting the foregoing, you may not settle compromise or in any other manner dispose of any Claim without the consent of DanosDirectory.
a. Applicability of Section. The terms of this, section 22, will apply to all disputes that may arise out of, are connected with or relate to this TOS or the Services, subject only to the following three exceptions:
(1) if DanosDirectory reasonably believes that you have in any manner acted or failed to act in any manner that may cause harm to DanosDirectory or any third party, DanosDirectory may seek injunctive or other appropriate relief in any court of competent jurisdiction;
(2) certain Services are subject to different dispute resolution provisions, which are provided for in the terms applicable to such Services; or
(3) any dispute may, at the option of the claiming party, be resolved in small claims court in New Jersey, provided that all claims by all parties in the dispute fall within the jurisdiction of the small claims court, but must first be submitted to the informal resolution process in Section 22.b subject to the informal resolution in Section 22.b. Furthermore, in no event will the terms of this section limit DanosDirectory’s ability to investigate complaints or reported violations of this TOS or to take any action DanosDirectory deems necessary and appropriate to mitigate actions against DanosDirectory, including reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties.
b. Informal Resolution. If you have any dispute with us or any related third party, arising out of, relating to, or connected with the Services, you agree to contact DanosDirectory customer service; provide a brief, written description of the dispute and your contact information (including your username, if your dispute relates to an account); and give DanosDirectory 30 days within which to resolve the dispute to your satisfaction.
c. Limitation of Actions. Regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of the Services, must be filed within one calendar year after such claim or cause of action arises, or forever be barred.
23. FORCE MAJEURE
DanosDirectory will not be liable for failing to perform under this TOS because of any event beyond its reasonable control.
This TOS and the governance, enforcement, and performance hereof will be governed, construed and applied in all respects by the laws of the State of New Jersey without regard to any provision governing conflicts of law. This TOS (which includes all documents referenced above) supersedes all prior and contemporaneous agreements and understandings between you and DanosDirectory relating to the Services. You may not transfer your rights or obligations under this TOS without the prior written consent of DanosDirectory. DanosDirectory may freely do so, in whole or in part. This TOS will be binding upon the successors and permitted assigns of you and DanosDirectory. This TOS does not create any third party beneficiary rights. This TOS will be interpreted as if equally drafted by DanosDirectory and you. A party’s failure or delay in exercising any right, power or privilege under this TOS will not waive its rights to exercise such right, power, or privilege in the future, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise of such right, power, or privilege, or the exercise of any other right, power, or privilege under this TOS. You and DanosDirectory are independent contractors, and no agency, partnership, joint venture, employee-employer relationship is intended or created by this TOS. The invalidity or unenforceability of any provision of this TOS will not affect the validity or enforceability of any other provision of this TOS, all of which will remain in full force and effect. The terms “includes” or “including” mean “includes, but is not limited to” and “including, but not limited to” respectively.
By providing your email address, you agree that DanosDirectory may send emails to you related to the Services. If you do not wish to receive general marketing emails, you can opt out by following the instructions in the message. DanosDirectory may send any legal notices to you via email, notification by a message to your account or regular mail. To give legal notice to DanosDirectory, please send written communication to:
16 Skyline Drive #163
Montville, NJ 07045
26. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INFRINGEMENT
If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please furnish the written information specified below to DanosDirectory designated copyright agent.
DanosDirectory’ agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
16 Skyline Drive #163
Montville, NJ 07045
REGISTERED USER TERMS
IF YOU ACCESS ANY SERVICE THAT REQUIRES YOU TO CREATE AN ACCOUNT ACCESSIBLE THROUGH A USERNAME AND PASSWORD, THEN IN ADDITION TO THE PROVISIONS OF THE DANOSDIRECTORY GENERAL TERMS OF SERVICE AND THE TERMS APPLICABLE TO ANY OTHER SERVICE THAT YOU ARE USING, THE FOLLOWING ADDITIONAL TERMS WILL APPLY TO YOUR USE OF THE SERVICES.
1. You are solely responsible for keeping your password and all other account information confidential and for all use of your username and password, including, without limitation, any use by any unauthorized third party. It is your responsibility to maintain the security of your mobile device(s) from unauthorized access.
2. DanosDirectory employees will never ask for your password. If you are asked for your password, or if you believe someone may have obtained your password, you must contact DanosDirectory customer service.
4. DanosDirectory, in its sole and absolute discretion, may terminate access to your account for any reason (including reasons related to unlawful or unauthorized usage). DanosDirectory has no obligation to retain a record of your account or any data or information that you may have stored for your convenience by means of your account or the Services.
6. When using the Services, DanosDirectory may permit you to store data, preferences set by you, content or other information for your convenience, but DanosDirectory is under no obligation to retain any such data, preferences, content or other information, including, without limitation, any coupon that you may have stored.
TERMS FOR USER GENERATED CONTENT
1. DanosDirectory reserves the right, but not the obligation, to refuse to post or remove any User Generated Content in our sole and absolute discretion.
2. You represent and warrant that you will not post any of the following:
a. Any content that is unlawful, harmful, offensive, threatening, abusive, harassing, invasive of privacy or publicity rights, defamatory, libelous, vulgar, obscene, pornographic, indecent, lewd, suggestive, profane, hateful, racially, ethnically or otherwise objectionable or inappropriate material of any kind, including, but not limited to, any content that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law;
b. Political campaigning, chain letters, mass mailings of any kind or any form of SPAM, or reviews that contain the transmission, distribution or delivery of any unsolicited bulk or commercial e-mail;
c. Assertions of unlawful conduct, including occurrences of illegal activity, malpractice, purposeful overcharging, or health code violations, or false, misleading, deceptive or fraudulent advertising, including savings claims that do not offer provable savings;
d. Individual information of other users or messages soliciting the submission of, email addresses, URLs, phone numbers, postal addresses and/or other personally identifiable information;
e. Any content that may infringe any patent, trademark, trade secret, publicity rights, copyright or other intellectual or proprietary right of any party;
f. Any content that makes reference to or involves gambling, casinos, off-track betting, or other gambling of any form;
g. Any content that involves alcohol, tobacco, controlled or illegal substances, or weaponry, or that promotes or has a connotation to any illegal activity;
h. Reviews submitted by the reviewed business's owners, employees (past or present), agents, affiliates and/or competitors;
i. Reviews that appear to be exclamatory or otherwise appear to be purposefully deceptive or not based on personal knowledge or experience, as determined by DanosDirectory in its sole discretion;
j. Any content that is promotional or commercial in nature, or is inappropriate or inaccurate based on the applicable subject matter, location or topic;
k. Content that violates any standards or policies of DanosDirectory as determined by DanosDirectory in its sole discretion;
l. Content that impersonates, disguises or conceals the identity of any person or entity or otherwise misrepresents a user's affiliation with a person or entity;
m. Content that is not legible, that is encrypted or that contains viruses, malware, trojan horses, worms, time bombs, cancelbots or other computer programming code or routines that are intended to interfere with, damage, erase, intercept or appropriate any system, data or personal information; and
n. Content that intended to annoy, harass or anger other users, (e.g., “trolling”).
3. If you see objectionable content in the course of your use of the Services, you may report such content to DanosDirectory by contacting DanosDirectory customer service or through any other applicable reporting means as provided through the Services. DanosDirectory reserves the right to address such requests in any manner in its sole discretion.
ELECTRONIC COMMERCE TERMS
You, whether personally or on behalf of the entity for whom you are acting as an authorized signatory (collectively, “you” or “your”), are purchasing certain of DanosDirectory’s products or services (each, a “Product” or “Service”). Such purchase is subject to the applicable terms provided and identified below (“Terms”).
BY INDICATING YOUR ACCEPTANCE OR USING ANY OF THE SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THE TERMS, WHICH CONTAIN BINDING DISPUTE RESOLUTION PROVISIONS AND LIABILITY LIMITATIONS.
1. Electronic Acceptance Is Binding. Your indication of your assent to the terms, whether express (e.g., clicking on an “I AGREE” icon) or implicit (i.e., using any Product or Service) constitutes your agreement to the Terms. You agree that such acceptance will have the same force and effect as if you had manually signed a paper version of these Terms. All references in the Terms to “signature” or the like will be deemed references to your assent to these terms. You hereby irrevocably waive any “opt-out” rights that you may have under applicable law to use or receive physical copies of these Terms.
2. Electronic Transactions. You agree that all business pursuant to these terms may, in the sole discretion of DanosDirectory, be conducted electronically. You pay us via PayPal. We are not responsible for any fees or charges PayPal, your bank or credit card issuer may apply. If PayPal reverses a charge to your credit card, we may bill your account directly and seek payment by another method such as a mailed statement. We may also cease providing Products to you.
1. Your Stuff & Your Permissions. When you use DanosDirectory Receipts and Docs Services, you upload your files ("Your Stuff") on our servers. Your Stuff is yours. Except for material that we license to you, we don't claim ownership of any Content that is transmitted, stored, or processed in your account(s). We also don't control, verify, or endorse the Content that you and others make available on the Service. These Terms don't give us any rights to Your Stuff except for the limited rights that enable us to offer the Services. We need your permission to do things like hosting Your Stuff, backing it up, and sharing it when you ask us to. Our Services also provide you with features like photo thumbnails, document previews, commenting, easy sorting, editing, sharing and searching. These and other features may require our systems to access, store and scan Your Stuff. You give us permission to do those things, and this permission extends to our affiliates and trusted third parties we work with.
2. Sharing Your Stuff. Our Services let you share Your Stuff with others, so please think carefully about what you share.
3. Your Responsibilities. You're responsible for your conduct. Your Stuff and you must comply with our USER GENERATED CONTENT TERMS. Content in the Services may be protected by others' intellectual property rights. Please don't copy, upload, download or share content unless you have the right to do so. We may review your conduct and content for compliance with these Terms. With that said, we have no obligation to do so. We aren't responsible for the content people post and share via the Services. Help us keep you informed and Your Stuff protected. Safeguard your password to the Services, and keep your account information current. Don't share your account credentials or give others access to your account. You may use our Services only as permitted by applicable law, including export control laws and regulations. Finally, our Services are not intended for and may not be used by people under the age of 13. By using our Services, you are representing to us that you're over 13.
4. NO WARRANTY. DANOSDIRECTORY PROVIDES THE SERVICE "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE". TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BOX MAKES NO (AND SPECIFICALLY DISCLAIMS ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF HARMFUL COMPONENTS, THAT THE CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED, OR ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF ANY COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING EXCLUSIONS. IN SUCH AN EVENT SUCH EXCLUSION WILL NOT APPLY SOLELY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
5. LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL DANOSDIRECTORY, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR (A): ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, REVENUE, GOODWILL, USE OR CONTENT) HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, WARRANTY, NEGLIGENCE OR OTHERWISE, EVEN IF DANOSDIRECTORY HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF BOX AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS, RELATING TO THE SERVICES WILL BE LIMITED TO THE GREATER OF AN AMOUNT EQUAL TO THREE MONTHS OF YOUR SERVICE FEE FOR THE SERVICE OR FIVE DOLLARS ($5.00). THE LIMITATIONS AND EXCLUSIONS ALSO APPLY IF THIS REMEDY DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES. IN SUCH AN EVENT THIS LIMITATION WILL NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY LAW.
1. MILE TRACK CALCULATES DISTANCE BETWEEN TWO POINTS USING GOOGLE MAPS, AND THIS MAY NOT BE THE ACTUAL DISTANCE TRAVELLED BY YOU.
2. YOU CAN ENTER THE ADDRESS (START OR END) MANUALLY OR USE THE DEVICE'S LOCATION SERVICES TO GIVE MILE-TRACK THE LATITUDE AND LONGITUDE OF YOUR LOCATION. WHEN USING THE LATITUDE LONGITUDE OF A POINT WHEN COMPUTING THE DISTANCE, THERE MAY BE AN ERROR OF FEW MILES DUE TO THE CONVERSTION OF LATITUDE, LONGITUDE TO THE EXACT ADDRESS OF THE YOUR LOCATION.
1. WE ARE MERELY A REFERRAL SERVICE, AND WILL RETAIN A REFFERAL FEE FROM ALL TRANSACTIONS CONDUCTED THROUGH THE FINDTAXPRO PLATFORM. AS A REFERRAL SERVICE, WE DO NOT HOLD OURSELVES OUT TO BE A CERTIFIED PUBLIC ACCOUNTANT, AN ENROLLED AGENT, OR A PROFESSIONAL FIRM, NOR A TAX PREPARATION SOFTWARE OR PROGRAM. WE MAKE NO REPRESENTATIONS REGARDING THE QUALITY OF WORK TO BE PERFORMED, THE DISCRETION EXERCISED BY THIRD-PARTY TAX PROFESSIONALS, OR THE ADVICE GIVEN BY THIRD-PARTY TAX PROFESSIONALS.
2. THIRD-PARTY TAX PROFESSIONALS ARE THIRD-PARTY INDEPENDENT CONTRACTORS. REPRESENTATIONS MADE BY THIRD-PARTY TAX PROFESSIONALS ARE NOT BINDING ON FINDTAXPRO.com. THIRD-PARTY TAX PROFESSIONALS ARE NOT OUR EMPLOYEES OR AGENTS AND ARE GIVEN NO AUTHORITY BY US TO ACT ON OUR BEHALF. THIRD-PARTY TAX PROFESSIONALS ARE FREE TO ACCEPT OR REJECT WORK REFFERED BY US IN THEIR OWN SOLE AND ABSOLUTE DISCRETION, AND ARE FREE TO COMPLETE ANY ACCEPTED WORK REFERRED BY US ON THEIR OWN SCHEDULE, ACCORDING TO THEIR OWN DISCRETION, AND IN THE MANNER THEY DECIDE IS MOST APPROPRIATE.
3. Third-Party Tax Professional availability will vary based on demand and capacity and is subject to change without notice.
4. “Services” means Our making available for proper use the Findtaxpro Platform for You to arrange, schedule, and pay for tax preparation and accounting-related services with Third-Party Tax Professionals.
5. “Third-Party Tax Professionals” means a third-party, independent-contractor, i) licensed, certified public accountant, or ii) an Enrolled Agent, who has been accepted by Findtaxpro to utilize the Findtaxpro Platform and continues to abide by the terms, practices, and regulations to utilize the Findtaxpro Platform. Third-Party Tax Professionals may also be referred to, within the Findtaxpro Platform, as “Tax Pros,” “Tax Professionals,” and/or “Pros.”
6. “Enrolled Agent” means a federally-authorized tax practitioner who is verified to have satisfied the then-current requirements of an “enrolled agent” as defined in “Regulations Governing Practice before the Internal Revenue Service,” Treasury Department Circular No. 230, Title 31 Code of Federal Regulations, Subtitle A, Subpart 10, as amended from time to time.
7. We will refer You to a Third-Party Tax Professional. The Third-Party Tax Professional will then conduct all necessary communication with You, through the Findtaxpro Platform, and will conduct Your tax preparation, filing, or other related accounting tasks, on Your behalf with Your consent.
8. ABOUT ELECTRONIC FILING. The Third-Party Tax Professional You have engaged will notify You upon completion of all the tax documents related to Your Engagement (“Engagement” or “Job”), and provide You with copies of such for Your review and approval.
a. Thereafter, You will be required to provided Your electronic signature, to indicate that You have reviewed and accepted the documents provided to You by Your Third-Party Tax Professional, as well as to grant or execute any authorizations that Your Third-Party Tax Professional may require, in order to electronically file Your tax documents with the appropriate federal and/or state taxing authority. You are solely responsible for any delay, penalty, late-filing, or other consequence caused by Your failure to promptly approve and execute any such documents.
b. After You sign and accept Your tax return and authorizations, You will forward Your signed documents to the Third-Party Tax Professional who has prepared Your return, where it will be converted to and stored in the appropriate format, as determined in the sole discretion of the Third-Party Tax Professional, to be transmitted to the applicable federal and/or state taxing authority, if any.
c. You are solely responsible for verifying the status of Your return to confirm that it has been filed with, received, and accepted by the applicable taxing authority and for taking appropriate alternative actions, if necessary, for filing it manually in the event that the taxing authority rejects Your electronically filed return (e.g., if taxpayer name and social security number do not match). You are responsible for examining Your tax return for reasonableness and indications of obvious errors before the electronic or paper filing.
d. Findtaxpro and/or the Third-Party Tax Professional may store and maintain information that You provide in relation to Your use of the Services. You may choose to save Your tax return data file on the device or method of Your choosing. If You save Your tax return data file on Your device, You understand that Your data may be deleted by Findtaxpro, at anytime and at Findtaxpro’s discretion. It is therefore strongly recommended that You frequently back-up and save Your tax return data. You may always print and retain a copy of Your tax returns for Your records.
9. ABOUT PAPER FILING. If You do not qualify for electronic filing or choose to paper file, You can create a copy of Your completed return by printing Your return and mailing it Yourself to the proper taxing authority. You need to notify the Third Party Tax Professional to avoid duplicatoin.
a. If Your Third-Party Tax Professional does not receive Your signed and approved tax documents, including any authorizations, or a written notification from You explaining why You are withholding Your approval of such, within 24 hours of the Third-Party Tax Professional sending You the documents, You will be deemed to have chosen to file the documents on Your own, to have accepted the documents, and to be satisfied with the services rendered, in which case neither Taxfyle nor the Third-Party Tax Professional shall have any further obligations to You.
If you decide to USE our TAX ADVICE service, you understand that by receiving such Premium Services, you are agreeing to the following terms and conditions:
1. Any Information that you receive from the tax professional is for general informational purposes only. The tax professional from whom you are receiving Tax Advice is not acting as your attorney, tax advisor, or tax professional.
2. The tax professional from whom you are receiving Tax Advice may not be licensed in the jurisdiction where you are located.
3. The Information Only Premium Services are not subject to an attorney-client/ accountant-client/tax professional-client privilege. Before applying the Tax Advice to your specific situation, you should consult with a professional licensed to practice in your jurisdiction.
4. Any amounts a Tax Filer pays for Tax Advice is for Findtaxpro's fee for enabling the request, offer and/or fulfillment of the Service.
5. Tax Advice is “Information Only”. Information only premium services may be conducted offline (either by phone, chat, email, or any other third-party tool) but remain for general informational services only, and could potentially evolve into a professional relationship with the Tax Professional upon you accepting their offer to do your tax preparation.