1. Notice/Acceptance of Terms
This Terms of Service Agreement (the “Agreement”) is a contract between you and Neovision. and its affiliates (“us” or “we”). We currently provide users with access to a wide variety of online financial products and services, tools, and tax preparation services through our network of World Wide Web properties, as amended from time to time. This Agreement governs your use of the Sites. Be sure that you carefully read and fully understand this Agreement. We are willing to provide you with access to the Sites only on the condition that you accept all of the terms and conditions contained in this Agreement. By accessing or using the Sites, including without limitation any of the products or services offered on the Sites, you agree to be bound by, all the terms and conditions of this Agreement. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, DO NOT ACCESS THE SITE OR ANY PRODUCTS OR SERVICES PROVIDED ON OR THROUGH THE SITE.
You may print this Agreement or download this Agreement to your computer. To the extent that you use any of our particular products or services including without limitation our online tax preparation services, you are subject to any applicable agreements (“Supplemental Agreements”) and any posted guidelines or rules applicable to such products or services. All such guidelines, or rules, are hereby incorporated by reference into this Agreement. Where a conflict exists between this Agreement and any of the Supplemental Agreements, the provisions of the applicable Supplemental Agreement shall govern. The disclaimers, terms and conditions on these pages are of general application and may be supplemented by additional disclaimers, guidelines, rules, terms or conditions of specific application on any particular page of the Sites.
2. Privacy Policies
We may update our policies from time to time, so please check here or the Sites frequently for updates.
3. Description of Service/Eligibility/Access to Service
We currently provide users with online tax preparation products and services and tax preparation information on the Sites. These products and services may be available only in certain jurisdictions and are void where prohibited by law. Your eligibility for any of our particular products and services is subject to our final approval and acceptance.
In order to use the Sites, you must obtain access to the World Wide Web and pay any service fees associated with such access. System availability and access to the products and services available on the Sites may be limited or unavailable for reasons which may include, without limitation, system performance, telecommunications failure, hardware failure or software failure. We make no representations, warranties or assurances as to the availability of the Sites.
You are responsible for your use of your Internet browser, the Sites and the products and services provided on the Sites. We are not responsible for deletion of data, timeliness of services, or the failure to store any of your data or personalization settings.
If you are under the age of 13, you may not use the Sites or the products and services on the Sites.
We are not providing investment advice through the Sites, and the material on the Sites should not be regarded as an offer to sell, or a solicitation of an offer to buy, any securities from us.
4. No Unlawful or Prohibited Use; User Content
As a condition of your use of the Sites, you warrant to us that you will not use, or permit any third party to use, the Sites for any purpose that is unlawful or prohibited by these terms. If you violate any of these terms, your permission to use the Sites automatically terminates.
We may offer you the opportunity to contribute your ideas, comments, questions and other communications to or from the Sites (the “User Content”) in blogs, message boards, chat rooms, e-mail and other features of the Sites (“User Input Rooms”) that may be offered from time to time and may be operated by us or by a third party on our behalf. You shall not (nor cause any third party to) use the Sites or information provided through the Sites to perform any illegal activities (including without limitation defaming, abusing, harassing, stalking, threatening or otherwise violating the legal rights, such as rights of privacy, of others) or immoral activities or any of the following types of activities, without limitation:
a. disseminating libelous, harmful, vulgar, pornographic, obscene or otherwise objectionable material;
b. using any computer code, data mining software, “robot,” “bot,” “spider,” “scraper” or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the Web pages, data or content found on the Sites or accessed through the Sites;
c. transmitting information that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
d. transmitting any material that contains software viruses, trojan horses, worms, time bombs, cancelbots, or any other computer code, files, or programs which may interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
e. impersonating anyone or any entity, falsely stating or otherwise misrepresenting your affiliation with a person or entity;
f. advertising or posting any commercial content;
g. interfering with or disrupting the Sites;
h. disrupting the activities or enjoyment of the Sites for other users; or
i. collecting, or storing personal data about other users.
Further, you agree that all User Content you provide will be on-topic, relevant and will not include profanity or any other disruptive or disrespectful behavior. User Input Rooms are not the appropriate channel to express individual concerns or specific customer support issues. Such concerns and issues should be addressed to the online customer support pages of the applicable Site.
You agree to abide by all applicable local, state and federal laws and regulations and are solely responsible for all acts or omissions by you on the Sites, including without limitation User Content you create. You acknowledge that we do not endorse User Content and that such User Content should not be considered to have been reviewed, screened or approved by us. Information found in User Input Rooms is intended to be used as a starting point for doing independent research on various companies, investment techniques and tax related matters. You should exercise discretion before relying on User Content. You agree to evaluate and assume all risks associated with the use of User Content, including without limitation any risk relating to any reliance on the accuracy, completeness, or usefulness of User Content. We assume no responsibility for User Content or for the use of any User Input Room. Without limiting the foregoing, we will not be liable for the collection, use or disclosure of any personal information by, in or through a User Input Room by a third party. You acknowledge and agree that we may, in our sole discretion, remove any User Content from a User Input Room at any time and for any or no reason. You agree that we will not be liable to you or any third party for any deletion of any User Content on the Sites. You acknowledge that we may preserve and disclose User Content if required to do so by law or if we believe 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 any third party’s rights, or protect our rights, property or personal safety or that of any users of the Sites, and the public. You also acknowledge that the technical processing and transmission of the Sites, including without limitation User Content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices.
Except as expressly provided otherwise in an applicable Supplemental Agreement, we grant you a personal, limited, revocable, non-transferable and non-exclusive license to display on your computer, print, download and use screen displayed text, audio clips, video clips and other such content that is made available to you on the Sites, solely for your own non-commercial, personal purposes necessary to receive the products and services provided on the Sites, provided that: (i) you do not (and do not allow any third party to) modify or create a derivative work of any such content; and (ii) you include with and display on each copy of such content the associated copyright notice. No other use is permitted. Without limiting the generality of the foregoing, you may not: (i) include such content in or with any product or service that you create or distribute; (ii) include such content on another Internet Web site; (iii) reproduce, duplicate, copy, sell, rent, resell or exploit for any commercial purposes any portion of the Sites, use of the Sites, or access to the Sites; or (iv) establish hyperlinks to any page other than the home page of the Sites or create any frame containing any portion of the Sites, on any other Web site or text document with hyperlink capabilities. Further, you may not direct any other person to do any of the foregoing. You agree not to access the Sites by any means other than through a commercially available Web browser.
6. Intellectual Property
We either own or have obtained permission from the owner to use the content on the Sites. The trade names, trademarks & logos used on the Sites are either our trademarks or registered trademarks. The trade names, trademarks, trade dress and associated products and services represented on the Sites are protected under United States and international law and their display on the Sites does not convey or create any license or other rights in these trademarks, trade names, trade dress and associated products and services. Any unauthorized copying, redistribution, reproduction or modification of the contents of the Sites by any person without our prior written authorization is strictly prohibited, may be a violation of federal or common law, trademark and/or copyright laws and could subject such person to legal action. The use of content from the Sites on any other Web site or networked computer environment is similarly prohibited. Requests for permission to reproduce or distribute materials found on the Sites can be made by contacting us in writing at the address listed below. You are also strictly prohibited from creating works or materials that derive from or are based on the content or other materials contained in any Site including, without limitation, fonts, icons, link buttons, wallpaper, desktop themes and unlicensed merchandise. This prohibition applies regardless of whether the derivative materials are sold, bartered or given away.
7. Modifications to Sites
We reserve the right to modify, suspend or discontinue, temporarily or permanently, the Sites (or any part thereof) from time to time, for any or no reason and without notice. You agree that we are not liable to you or to any third party for any modification, suspension or discontinuance of the Sites. The information and materials contained on the Sites are subject to change.
8. Registration Obligations
In consideration of your use of the Sites, if you provide us with information about yourself in response to prompting by the Sites (for example when prompted by a Site’s registration forms), you agree that such information will be accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete as of the date the information was provided, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right, without limitation, to suspend or terminate any of your accounts and to refuse any and all current or future use of the Sites (or any portion thereof) or the products and services provided on the Sites.
9. Member Account; Password and Security
If you use our tax products or services or other tools or programs on the Sites requiring registration or account set up, we may supply you with a password and account designation upon completing the registration process. You are responsible for maintaining the confidentiality and security of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to immediately notify us 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. If your status as a user of the Sites is terminated, you must (i) cease using the Sites and any information obtained from the Sites, and (ii) destroy all copies of your account information, password and any information obtained from the Sites. We assume no liability for any loss or damage arising from your failure to comply with this section.
11. Our Confidential Information
You agree that you will not disclose our Confidential Information to any person or entity, other than as necessary to use the products and services provided on the Sites. You will not use or permit the use of any Confidential Information except as necessary in connection with the products and services. You shall use at least the same degree of care in safeguarding the Confidential Information as you use in safeguarding your own confidential information, but in no event shall you use less than due diligence and care. “Confidential Information” means all information or material: (i) which is obtained from password protected portions of the Sites or (ii) which (A) is marked “Confidential,” “Restricted,” or other similar marking, (B) is known by the parties to be considered confidential, or (C) is or should be known or understood to be confidential or proprietary by an individual exercising reasonable judgment.
12. Transactions with Third Parties
Your correspondence or business dealings with, or participation in promotions of, advertisers or third parties found on or throughout the Sites, including without limitation with respect to the payment and delivery of related products or services and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such parties and are not binding on us. You agree that we are not be responsible or liable for 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 or as the result of the presence of such third parties on the Sites, and you agree to indemnify us from and against any Claims incurred as the result of any such dealings.
13. Third Party Links
The Sites may provide links or references to other sites. We make no representations, warranties or assurances as to any information in such sites, have no responsibility for their content and shall not be liable for any damages or injury arising from that content. We disclaim any opinions expressed on such sites. Any links to other sites are provided merely for your convenience and the inclusion of such links does not imply that we endorse the content of such sites. Please be aware that when you exit our Site, you are subject to the policies of the new site. Where we are offering our own content on or through third party sites (whether by linking, framing or otherwise), your use or display of that content shall be subject to this Agreement unless a specific Supplemental Agreement is applicable to the use or display of that content.
14. Disclaimer of Warranties
Except as expressly provided otherwise in an applicable Supplemental Agreement, we disclaim any and all responsibility or liability for the timeliness, sequence, quality, accuracy, content, completeness, legality, reliability, operability or availability of information or material contained on the Sites. The Sites may contain inaccuracies or typographical errors. We disclaim any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material in respect of the Sites or the use thereof. Any communications sent to you via the Sites or otherwise from us (including without limitation in the form of newsletters, electronic mail or via telephone), and the contents of the Sites (including without limitation any financial market data and tax information) are provided for informational and educational purposes only and are not intended to provide legal, investment, tax or accounting advice and should not be relied upon in that regard. Your financial and tax situation may be unique and therefore you should independently consult a tax advisor.
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE HEREIN OR IN AN APPLICABLE SUPPLEMENTAL AGREEMENT, ALL PRODUCTS AND SERVICES OFFERED ON THE SITES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED. WE AND OUR DATA PROVIDERS DISCLAIM ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE PRODUCTS AND SERVICES OFFERED ON THE SITES OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE SITES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE SITES OR THROUGH ANY LINKS PROVIDED ON THE SITE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE — USE OF THE PRODUCTS AND SERVICES IS DONE SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY CLAIMS, INCLUDING WITHOUT LIMITATION ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA, THAT RESULTS FROM DOWNLOADING OR OTHERWISE OBTAINING SUCH MATERIAL.
Some states do not allow the exclusion of implied warranties, so these exclusions may not apply to you.
15. Limitation of Liability
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE HEREIN OR IN AN APPLICABLE SUPPLEMENTAL AGREEMENT, IN NO EVENT SHALL WE OR ANY OF OUR DATA PROVIDERS OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, DELIVERING OR MANAGING THE CONTENT OR OPERATIONS OF THE SITES (COLLECTIVELY THE “SITE PROVIDERS”), BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CLAIMS WHATSOEVER, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGE (INCLUDING WITHOUT LIMITATION ANY LOST REVENUES, LOST PROFITS, LOST OPPORTUNITIES, LOSS OF PROSPECTIVE ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE — USE OR PERFORMANCE OF THE SITES, ANY COMMUNICATIONS SENT TO YOU VIA THE SITES OR OTHERWISE FROM US (INCLUDING WITHOUT LIMITATION IN THE FORM OF ELECTRONIC MAIL OR VIA TELEPHONE), OR INFORMATION AVAILABLE FROM THE SITES, EVEN IF ANY ONE OF OR ALL OF THE SITE PROVIDERS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
You agree to indemnify us and hold us harmless from and against any Claims arising out of or relating to: (i) User Content and Feedback you submit, post to or transmit through the Sites; and (ii) your violation of any rights of any other person in connection with the Sites, information you post on the Sites, information you receive from the Sites, or the products or services provided on the Sites. If at any time you are not happy with the Sites or object to any material within the Sites, your sole remedy is to cease using them.
17. Notice and Procedure for Making Claims of Copyright Infringement
Pursuant to Title 17, United States Code, Section 512(c)(2), all notifications of claimed copyright infringement on the Sites should be sent ONLY to our Designated Agent.
NOTE: THE FOLLOWING INFORMATION IS PROVIDED SOLELY FOR NOTIFYING US THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED.
DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (e.g. REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OF E-MAIL AB– USE, etc.) TO THE CONTACT LISTED BELOW. YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THAT CONTACT.
WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER’S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
Written notification must be submitted to the following Designated Agent:
Name of Agent Designated to Receive Notification of Claimed Infringement:
Telephone Number of Designated Agent:
888 636 8880
Under Title 17, United States Code, Section 512(c)(3)(A), the Notification of Claimed Infringement must include the following:
a. An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest;
b. Identification of the copyrighted work (or works) that you claim has been infringed;
c. A description of the material that you claim is infringing, and the location where the original or an authorized copy of the copyrighted work exists (for example, the URL of the page of the web site where it is lawfully posted; the name, edition and pages of a book from which an excerpt was copied, etc.);
d. A clear description of where the infringing material is located on our Web site, including as applicable its URL, so that we can locate the material;
e. Your name, address, telephone number, and e-mail address;
f. A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
g. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
18. Other Agreements
a. Governing Law. This Agreement shall be governed by the laws of the State of Missouri, without regard to conflicts of law provisions.
b. Entire Agreement. This Agreement, along with any Supplemental Agreements, 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 made by us, which are not included in this Agreement, shall be binding on us.
c. Amendments. You may not modify or amend this Agreement in whole or in part without the prior written consent of one of our authorized representatives. We may replace or amend this Agreement from time to time by posting new terms of service to this Web page. Please check the terms of service periodically for changes. Your subsequent use of the Sites, or any content, products, services or materials provided through the Sites, will be subject in all respects to the terms of service in force at the time of such subsequent use.
d. Waiver. No waiver of any provision herein shall be valid unless in writing and signed by both our authorized representative and you. Our 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 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 our benefit. Any and all references in this Agreement to us, including without limitation pursuant to Sections 14 and 15 shall, where the context so permits, include our 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 Sites. We may assign our rights and duties under this Agreement to any party at any time without notice to you.
g. Dispute Resolution. You agree that: (1) Any claim, dispute, or controversy (whether in contract, tort, or otherwise) arising out of, relating to, or connected in any way with the Sites or the products or services provided on the Sites will be resolved exclusively by final and binding arbitration conducted pursuant to the AAA’s Procedures for Consumer-Related Disputes in conjunction with the AAA’s Commercial Arbitration Rules (if and as applicable depending on the amount in controversy); (2) This arbitration agreement is made pursuant to a transaction governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. Â§Â§ 1-16; (3) The arbitration shall be held at the AAA regional office nearest you; (4) The arbitrator’s decision shall be controlled by the terms and conditions of this Agreement; (5) The arbitrator shall apply Missouri law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized at law; (6) There shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your individual claims and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) The arbitrator shall not have the power to award punitive damages against any party; (8) In the event that the administrative fees and deposits you are required to pay under the AAA rules exceed $125, and you are unable to pay the additional fees and deposits, we retain the right to forward them to the AAA on your behalf, subject to ultimate allocation by the arbitrator. In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we retain the right to pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (9) If any part of this provision is deemed to be invalid or otherwise unenforceable or illegal, the balance of this provision shall remain in full force and effect and shall be construed in accordance with its terms as if the invalid or illegal provision were not contained herein. You understand that, in the absence of this provision, you would have had a right to litigate disputes through a court, including the right to litigate claims on a class-wide or class-action basis, and that you have expressly and knowingly waived those rights and agreed to resolve any disputes through binding arbitration in accordance with this provision.