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THESE TERMS AND
CONDITONS OF USE (the "Terms") apply to your access and use of the
Global Tax Network world wide web site (www.globaltaxnetwork.com
). Global Tax Network is a service of Global Tax Network, LLC (hereinafter
referred to as "GTN") and all information and Content (as defined
in these Terms) on the GTN web site (together with the design, layout
and organization and the underlying source HTML files that implement
the hypertext features, is hereinafter referred to as the "Site")
may be used solely under the following Terms. Please read the Terms
carefully and completely before using the Site. By clicking the
acceptance button, or by accessing or using the information or services
on the Site, you (the "User") expressly agree to and consent to
be bound by the Terms in full. If the following Terms are not acceptable
in full, the button indicating non-acceptance should be selected,
and you must immediately terminate your use of the Site. Users accessing
or using the Site do so on their own initiative and are responsible
for compliance with all local laws. The Site and these Terms may
be changed by GTN at any time without notice. Use of the Site subsequent
to any change constitutes User's acceptance of the change. Users
are advised to read these Terms each time they access the Site for
any changes to these Terms.
1.
Purpose of the Site
The general purpose
of the Site is to provide Users with an online: (i) resource to
find local tax professionals affiliated with GTN ("Network Firms")
who can offer tax advice and preparation services; and (ii) means
to allow Users to provide Network Firms with relevant tax information
(the "GTN System") for completing their U.S. tax returns (collectively
referred to as the "Service"). GTN does not provide tax, legal or
any other professional advice through the Site, the Service or the
GTN System. The modules by which a User may transmit tax information
to a Network Firm are not intended to be a complete and exhaustive
means for a Network Firm to complete a User's tax return, but rather
are intended as an initial means to facilitate the transmission
of such information so that a Network Firm can prepare the User's
tax return. It is likely that a Network Firm may require additional
or different information based on the individual User's actual circumstances.
GTN will use reasonable efforts to respond, but does not guarantee
that it will be able to respond, to User requests for any free services
offered on the Site by GTN. GTN is not a professional referral service,
but merely assists Users in narrowing their choices in selecting
a tax advisor. GTN will not and cannot make any recommendation as
to any Network Firm or any individual member in any Network Firm.
2.
Network Firm's Listings
Information pertaining
to the Network Firms and any individual member thereof is provided
by and posted by the Network Firms, not GTN. GTN is not responsible
for and does not warrant the accuracy, validity or completeness
of the information, nor does it guarantee the quality of the services
or work product provided by Network Firms. GTN does not review the
contents of the listings which are provided by the Network Firms
or any links to the Network Firms, nor does it attempt to verify
the capabilities of the Network Firms. A description or indication
of the area of practice by a member of a Network Firm does not necessarily
mean that any agency or board, national, state or otherwise, has
certified such member as a specialist or expert in any indicated
filed of practice, nor that any such member is necessarily any more
expert or competent than any other practitioner. The determination
of the need for tax advice and services and the choice of a competent
tax advisor are extremely important decisions and should not be
based solely upon advertisements or self-proclaimed expertise. All
Users are urged to make their own independent investigation and
evaluation of any Network Firm being considered. User is totally
and solely responsible for its own selections and actions. Users
are advised that information transmitted via electronic mail may
not be secure, and could be viewed by unintended third parties.
When sending electronic mail to a tax or legal advisor or others,
it is strongly urged that Users not transmit any information which
requires confidentiality, and that such transmission may risk waiving
an applicable provider-client and/or work product privilege.
3.
Ownership, License & Restrictions on Use
3.1 As between
GTN and Users, all right, title and interest in the Site and all
information it contains, or may contain in the future, including,
without limitation, the GTN System and any updates thereof, all
copyrights, trademarks, service marks and other intellectual property
rights (collectively referred to as the "Content"), is the property
of GTN, its licensors, or Network Firms, and is protected by intellectual
property laws and international intellectual property treaties.
Except as expressly provided below, nothing contained in the Site
shall be construed as conferring any license or right, by implication,
estoppel or otherwise, under copyright or other intellectual property
rights, to use the Site or the Content displayed on the Site, through
the use of framing or otherwise, without the prior written permission
of GTN or any third party that may own the trademark or copyright
of material displayed on the Site.
3.2 Subject to
User's full compliance with these Terms, User is hereby granted
a non-exclusive, nontransferable, revocable, limited license to
view, download, print and use information retrieved from the Site,
including the GTN System (which if downloaded by User is also subject
to the terms and conditions of a separate license between GTN and
User regarding such use), provided that: (i) it is solely for User's
own lawful, personal, informational, non-commercial purposes: (ii)
User does not remove or obscure the copyright notice or other notices;
and (iii) the Content, or any part thereof, is not modified. Except
as expressly provided herein, no part of the Site, including, but
not limited to, materials retrieved therefrom and the underlying
HTML code, may be used, reproduced, republished, copied, reverse
engineered, transmitted or distributed in any form or by any means.
In no event shall materials from the Site be stored in any information
storage and retrieval system without the prior written permission
from GTN.
3.3 User understands
and agrees that GTN may alter, suspend or discontinue the Site and/or
the Service at any time for any reason, without notice, cost or
liability. User further understands and agrees that from time to
time the Site and/or the Service may be inaccessible, unavailable
or inoperable for any reason, including, without limitation: (i)
equipment malfunctions; (ii) periodic maintenance procedures or
repairs which GTN may undertake from time to time; or (iii) causes
beyond the control of GTN or which are not reasonably foreseeable
by GTN, including, without limitation, interruption or failure of
telecommunication or digital transmission links, hostile network
attacks, network congestion or other failures. User acknowledges
and agrees that GTN has no control of the availability of the Site
or the Service on a continuous or uninterrupted basis.
3.4 User shall
be solely responsible for providing, maintaining and ensuring that
all hardware, software, electrical and other physical requirements
for User's use of the Site and the Service, including, without limitation,
telecommunications and internet access connections and links, web
browsers, bandwidth or other equipment, programs and services required
to access and use the Site and the Service are compatible with the
Site and the Service.
3.5 The Service
currently is intended for the preparation of United States ("U.S.")
federal and state income tax returns. GTN makes no representation
or warranty that information on the Site is currently appropriate
for the preparation of any tax returns other than U.S. federal income
tax returns. Those who choose to access the Site from outside the
U.S. do so on their own initiative and are responsible for compliance
with local laws, if and to the extent local laws are applicable.
3.6 GTN reserves
the right, in its sole discretion and without notice, at any time
and for any reason, to: (i) remove or disable access to all or any
portion of the Site or the Service; and (ii) suspend or terminate
User's access to or use of all or any portion of the Site or the
Service.
4.
Links
The Site contains
hyperlinks to third party web sites, including, in some cases, those
of Network Firms. The
linked sites are not under the control of GTN, and GTN is not responsible
for, and makes no representations or warranties with respect to,
the contents or privacy practices of any linked sites or any link
contained in a linked site, nor for any material or information
otherwise provided by Network Firms. The inclusion of a linked site
is for User's convenience only and is not intended as and should
not be construed as an endorsement or recommendation by GTN of the
linked site or its content.
5.
Security
GTN employs reasonable
security measures to protect against the loss, misuse and alteration
of information under its control. Except as stated above, User shall
be solely responsible for the security, confidentiality and integrity
of all messages and the content that User receives, transmits through
or stores on the Service. User shall be solely responsible for any
authorized or unauthorized access to User's account by any person.
User agrees to bear all responsibility for the confidentiality of
User's password and all use or charges incurred from use of the
Service with User's password. If any unauthorized use of User's
account or password occurs as a result of User's use of the Service,
User must notify GTN via phone and/or email immediately, and GTN
will suspend use of the account and password until a new password
is in place. GTN's security policy may change from time to time
and is posted in full on the Site.
6.
Privacy
When reasonably
practicable, GTN will attempt to respect User's privacy. GTN will
not monitor, edit, or disclose any personal information about User
or User's account, including its contents or User's use of the Service,
without User's prior consent unless such disclosure is necessary
to: (i) comply with legal process or other legal requirements of
any governmental authority; (ii) protect and defend the rights or
property of GTN; (iii) enforce these Terms; (iv) protect the interests
of users of the Service other than User, Network Firms or any other
person; or (v) operate or conduct maintenance and repair of GTN's
services or equipment, including the Service, or as authorized by
law. GTN's privacy policy may change from time to time and is posted
in full on the Site.
7.
User Account, Fees and Payment
General use of
the Site is free. User must set up an account through the Site for
User to provide tax information to a Network Firm so that a Network
Firm may provide tax advice and services for User. If User establishes
an account and has tax services provided by a Network Firm, User
shall be billed by the Network Firm for such services. Any charges
or fees payable by User for services rendered by a Network Firm
are established by the Network Firm and agreed to by User. Network
Firms reserve the right to change their fees at any time, upon notice
to User.
8.
User Representations
User represents
and warrants to GTN that: (i) User is over the age of eighteen (18)
and has the power and authority to enter into and perform User's
obligations under these Terms; (ii) all information provided by
User to GTN is truthful, accurate and complete; (iii) User shall
comply with all terms and conditions of these Terms, including,
without limitation, the provisions set forth at Section 9; and (iv)
User has provided and will provide accurate and complete registration
information, including, without limitation, User's legal name, address
and telephone number.
9.
Prohibited Conduct
User is solely
responsible for any and all acts and omissions that occur under
User's account or password, and User agrees not to engage in any
unacceptable use of the Service, which includes, without limitation,
use of the Service to: (i) disseminate, store or transmit unsolicited
messages, chain letters or unsolicited commercial email; (ii) disseminate
or transmit material that, to a reasonable person may be abusive,
obscene, pornographic, defamatory, harassing, grossly offensive,
vulgar, threatening or malicious or derogatory about GTN or any
Network Firm; (iii) disseminate, store or transmit files, graphics,
software or other material that actually or potentially infringes
the copyright, trademark, patent, trade secret or other intellectual
property right of any person; (iv) create a false identity or to
otherwise attempt to mislead any person as to the identity or origin
of any communication; (v) export, re-export or permit downloading
of any message or content in violation of any export or import law,
regulation or restriction of the U.S. and its agencies or authorities,
or without all required approvals, licenses or exemptions; (vi)
interfere, disrupt or attempt to gain unauthorized access to other
accounts on the Service or any other computer network; (vii) disseminate,
store or transmit viruses, trojan horses or any other malicious
code or program; (viii) violate any law or regulation; (ix) engage
in any activity the purpose of which is not expressly permitted
under these Terms; or (x) engage in any other activity deemed by
GTN to be in conflict with the spirit or intent of these Terms.
10.
Disclaimer of Warranties
THE SITE AND THE
SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND,
TO THE FULLEST EXTENT PERMISABLE PURSUANT TO APPLICABLE LAW, GTN
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. USE OF THE
SERVICE IS AT USER'S SOLE RISK. SPECIFICALLY, BUT WITHOUT LIMITATION,
GTN DOES NOT REPRESENT OR WARRANT, AND DISCLAIMS ANY AND ALL RESPONSIBILITY
FOR ANY LOSS, INJURY, CLAIM, LIABILITY, PENALTY OR DAMAGE OF ANY
KIND WHATSOEVER RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED
TO: (i) ANY ERRORS IN OR OMISSIONS FROM THE SITE AND ITS CONTENT,
OR THE GTN SYSTEM, INCLUDING, BUT NOT LIMITED TO, TECHNICAL INACCURACIES
OR TYPOGRAPHICAL ERRORS; (ii) THE UNAVAILABILITY OR UNINTERRUPTED
USE OF THE SITE OR THE SERVICE OR ANY PORTION THEREOF; (iii) DEFECTS,
VIRUSES OR OTHER HARMFUL COMPONENTS ON THE SITE OR THE SERVER THAT
MAINTAINS THE SITE OR IN THE GTN SYSTEM; (iv) ANY THIRD PARTY WEB
SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH
HYPERLINKS CONTAINED IN THE SITE, INCLUDING, BUT NOT LIMITED TO,
WEB SITES OF NETWORK FIRMS, AND ANY ERRORS OR OMISSIONS THEREFROM;
(v) USER'S USE OF THE SITE OR THE SERVICE OR ANY RELATIONSHIP BETWEEN
USER AND A NETWORK FIRM OR ANY SERVICES OR ADVICE PROVIDED OR PERFORMED
BY A NETWORK FIRM FOR USER; AND (vi) USER'S USE OF ANY EQUIPMENT
OR SOFTWARE, INCLUDING THE GTN SYSTEM, IN CONNECTION WITH THE SITE
OR THE SERVICE. FURTHER, GTN DOES NOT MAKE ANY REPRESENTATION OR
WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF THE SITE,
THE SERVICE, THE GTN SYSTEM, OR THROUGH ANY RELATIONSHIP BETWEEN
USER AND A NETWORK FIRM OR ANY SERVICES OR ADVICE PROVIDED OR PERFORMED
BY A NETWORK FIRM FOR USER.
11.
Limitation of Liability
UNDER NO CIRCUMSTANCES
SHALL A "COVERED PARTY" (AS DEFINED BELOW) BE LIABLE TO USER OR
ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL,
SPECIAL, RELIANCE OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, INCLUDING,
WITHOUT LIMITATION, ECONOMIC LOSS, PENALTIES OR ATTORNEYS' FEES,
FOR ANY MATTER ARISING FROM OR RELATING TO THE SITE, INCLUDING ITS
CONTENT, THE SERVICE, THE GTN SYSTEM, ANY RELATIONSHIP BETWEEN A
USER AND A NETWORK FIRM, INCLUDING, WITHOUT LIMITATION, ANY SERVICES
OR ADVICE PROVIDED OR PERFORMED BY A NETWORK FIRM FOR USER, OR THE
INTERNET GENERALLY, INCLUDING, WITHOUT LIMITATION: (i) USER'S USE
OR INABILITY TO USE THE SITE OR THE SERVICE; (ii) ANY CHANGES TO
OR INACCESSIBILITY OF THE SITE OR THE SERVICE; (iii) DELAY, FAILURE,
UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA;
(iv) ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED;
(v) ANY TRANSACTION OR AGREEMENT ENTERED INTO THROUGH THE SITE OR
THE SERVICE; OR (vi) ANY DATA OR MATERIAL FROM A THIRD PERSON ACCESSED
ON OR THROUGH THE SERVICE; WHETHER SUCH LIABILITY IS ASSERTED ON
THE BASIS OF CONTRACT, TORT OR OTHERWISE, REGARDLESS OF ANY NEGLIGENCE
OF ANY COVERED PARTY. SOME STATES PROHIBIT THE EXCLUSION OR LIMITATION
OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THUS THIS LIMITATION OF
LIABILITY MAY NOT APPLY TO USER. IF USER IS DISSATISFIED WITH THE
SERVICE, USER'S SOLE AND EXCLUSIVE REMEDY SHALL BE FOR USER TO DISCONTINUE
USE OF THE SERVICE. A "COVERED PARTY" MEANS GTN, ITS AFFILIATES,
THE NETWORK FIRMS, AND ANY OFFICER, DIRECTOR, SHAREHOLDER, PARTNER,
EMPLOYEE, SUBCONTRACTOR, REPRESENTATIVE, AGENT, SUCCESSOR OR ASSIGN
OF GTN, ITS AFFILIATES, AND THE NETWORK FIRMS.
12.
Indemnification
User agrees to
indemnify, hold harmless and defend GTN, its affiliates, and its
and their shareholders, directors, officers, employees, agents,
representatives, successors and assigns from and against any action,
cause, claim, damage, debt, demand or liability, including, without
limitation, reasonable costs and attorneys' fees, asserted by any
third party, arising directly or indirectly out of or relating to:
(i) User's failure to comply with any provision of these Terms;
(ii) the Site or User's use of the Site or the Service, including
any data or work transmitted or received by User; (iii) any relationship
with a Network Firm or any services or advice provided or performed
by a Network Firm for User; and (iv) any unacceptable use of the
Site or the Service, including, without limitation, any statement,
data or content made, transmitted or republished by User which is
prohibited as unacceptable in Section 9.
13.
Miscellaneous
13.1 Amendment.
GTN shall have
the right, in its sole discretion, at any time and without notice,
to add to or modify these Terms, by updating these Terms. User's
access to or use of the Site or the Service after the date such
amended terms are updated shall be deemed to constitute acceptance
of such amended terms. Users are advised to review these Terms on
a regular basis for changes. Continued use of the Site following
any change constitutes User's acceptance of the change.
13.2 Waiver.
No waiver of any
term, provision or condition of these Terms, whether by conduct
or otherwise, in any one or more instances, shall be deemed to be,
or shall constitute, a waiver of any other term, provision or condition
hereof, whether or not similar, nor shall such waiver constitute
a continuing waiver of any such term, provision or condition hereof.
No waiver shall be binding unless executed in writing by the party
making the waiver.
13.3 Severability.
If any provision
of these Terms is determined to be illegal or unenforceable, then
such provision will be enforced to the maximum extent possible and
the other provisions will remain fully effective and enforceable.
13.4 Law.
These Terms shall
be governed by the laws of the State of Colorado, as they apply
to agreements made and solely performed therein, without reference
to conflicts of laws. All actions, claims or disputes arising hereunder
or relating to the Site or the Service shall be exclusively subject
to the jurisdiction of the federal and state courts in the State
of Colorado.
13.5 Attorney's
Fees.
If any action in
law or in equity is necessary to enforce these Terms, GTN will be
entitled to reasonable fees of attorneys, accountants, and other
professionals, and costs and expenses in addition to any other relief
to which GTN may be entitled.
13.6 Entire Agreement.
These Terms constitute
the complete and exclusive statement of the agreement between the
parties with respect to the subject matter herein and supersedes
any and all prior or contemporaneous communications, representations,
statements and understandings, whether oral or written, between
the parties concerning the subject matter herein.
USER HAS READ,
UNDERSTANDS AND AGREES TO THESE TERMS & CONDITIONS OF USE.
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