833-4-TAX-USA Toll Free Tax Hotline 833-482-9872
833-4-TAX-USA Toll Free Tax Hotline 833-482-9872
We know that the tax resolution needs for each business , family or individual are unique. Use our form to tell us more about your needs, and concerns, and we will give you set up a free no obligation tax resolution consultation. We serve clients nationwide.
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Privacy Policy
Effective date: August 20, 2021
This Tax Center USA Privacy Policy (“Privacy Policy”) describes our policies and procedures on the collection, use, disclosure, and sharing of your personal information when you use the Tax Center USA Platform. This Privacy Policy applies to activities by Tax Center USA, and its affiliates and subsidiaries (collectively “Tax Center USA,” “we” or “us”). Capitalized terms that are not defined in this Privacy Policy have the meaning given to them in our Terms of Service. Tax Center USA is the data controller of your personal information and is responsible for providing you with this Privacy Policy.
Overview
Information We Collect
We collect information directly from you, from third parties, and automatically through your use of the Tax Center USA Platform.
Account and Profile Data. When you create an account and profile on the Tax Center USA Platform, we collect your name, email address, and other information you provide, such as topics that you know about or find interesting. You can choose to add your photo, country of residence, place of employment, education history, and any other information to your public-facing profile. Once you create a profile, others will be able to see certain information about your activity on the Tax Center USA Platform, such as the questions and answers you post, your followers and who you follow, topics of interest to you, and your credentials.
Your Content. We collect the information and content that you post to the Tax Center USA Platform, including your questions, answers, comments, photos, and the edited history to your content. Unless you have posted certain content anonymously, your content, date and time stamps, and all associated comments are publicly viewable on the Tax Center USA Platform. Your content may be indexed by search engines and be republished elsewhere on the Internet in accordance with our Terms of Service.
Communication Records. We maintain a record when you communicate with us via email, through the Tax Center USA Platform, or otherwise. The Tax Center USA Platform also provides a “Messages” feature that allows you to send direct messages through the Tax Center USA Platform to other users. We store these communications and information related to these messages, such as the date of the communication and to whom it was sent.
Third Party Application Login. You can log into your Tax Center USA account using third party applications (e.g., Facebook, Google, and Apple). When you log in using this method, you allow us to collect and process your name and email address associated with that third party application for authentication and identity verification purposes. You can also choose to import your contacts to your Tax Center USA account to connect with your friends on the Tax Center USA Platform. Note that your use of any third-party application and the personal data you provide them is governed by their terms of use, privacy policies, and other policies.
Cookies and Similar Technologies. We and our third-party providers use cookies, log files, pixel tags, local storage objects, and other similar technologies to automatically collect information about your activities, such as your searches, page views, date and time of your visit, and other information about your use of the Tax Center USA Platform. We also collect information about your web browser or mobile device in connection with your use of the Tax Center USA Platform such as your browser type, type of computer or mobile device, browser language, IP address, mobile carrier, unique device identifier, and requested and referring URLs. We also receive information when you view content on or otherwise interact with the Tax Center USA Platform, even if you have not created an account. For more detailed information about these mechanisms refer to our Cookie Policy.
Billing and Payment Data. We collect billing information if you subscribe to the Tax Center USA + Platform, and we collect payment information if you are a paid Tax Center USA creator via the Tax Center USA Partner Program. Depending on your location, this information may include your billing address, social security number, last four digits of your credit card or debit card, phone number, and email address.
Platform Engagement Data. We collect platform engagement and browsing information, such as IP address, date and time stamp, user agent, Tax Center USA cookie ID, URLs visited, unique advertising identifiers (including mobile device advertising identifiers) or content identifiers (if applicable), time zone, and other information about your activity on the Tax Center USA Platform. We also collect this information from third-party sites and services that have embedded our Tax Center USA pixels (“Pixels”), widgets, plug-ins, buttons, or related technologies. Please visit our Tax Center USA Pixel Privacy Terms to learn more, including how to opt out. We may also receive these types of information about you from third parties, such as our partners (including ad partners) or Tax Center USA affiliates.
Data From Advertisers. Third party advertisers who use our Ad Services may also provide us with information about you as part of their ad campaigns (e.g., email addresses) to create custom audiences for personalizing their ad campaigns or for measuring the effectiveness of their ads. To learn more, including about how to opt -out of certain Ad Services, refer to our Cookie Policy.
How We Use Your Information and Legal Basis for Processing
We process the information we collect for the following purposes, and under the following legal basis. You may decline to submit personal information through the Tax Center USA Platform, in which case we may not be able to provide certain services to you.
Provide our Services. To provide you the services we offer on the Tax Center USA Platform and make the Tax Center USA Platform available to the public, communicate with you about your use of the Tax Center USA Platform, respond to your inquiries, provide troubleshooting, and for other customer service purposes. This is so we can comply with our contractual obligations to you.
Personalization. To tailor the content and information that we or our third-party content publishers or advertisers may send or display to you in the Tax Center USA Platform. We also use your information to suggest followers and content, to help others find your profile, to offer location customization, and personalized help and instructions, and to otherwise personalize your experiences while using the Tax Center USA Platform. It is in our legitimate business interests to provide you with a customized experience.
Billing and Payment. To collect payments (for example, if you are a Tax Center USA+ subscriber) and pay our service providers and content creators. This information is collected so that we can comply with our contractual obligations to you.
Advertising. To display interest-based, retargeted, contextual, and behavioral advertising to you in the Tax Center USA Platform. We also may use your information, to improve our advertising and measurement systems so we can show you relevant ads and to measure the effectiveness and reach of ads and services. It is in our legitimate business interests to provide advertising. Where necessary, we will obtain your consent before engaging in this process.
Marketing and Promotions. For marketing and promotional purposes, such as sending you news, special offers, promotions, or to otherwise contact you about products or information we think may interest you, including information about third-party products and services. It is in our legitimate interest to provide more relevant and interesting marketing and promotions messages. Where applicable, we obtain your consent before sending such marketing communications and you can unsubscribe anytime.
Enable Communications. To facilitate communications, you send to us or to other users on the Tax Center USA Platform. We process information about who you have communicated with to better understand the use of our services. This processing is necessary to comply with our contractual obligations to you.
Analytics. To gather analytics and metrics to better understand how users use the Tax Center USA Platform. We also use analytics data to evaluate and improve the Tax Center USA Platform, including the Ad Services and personalization, and to develop new products and services. It is in our legitimate business interests to make informed decisions about product development.
Comply with Law. To comply with legal obligations, as part of our general business operations, and for other business administration purposes. This processing is necessary to comply with legal obligations and to serve our legitimate business interests by complying with the laws to which we are subject.
Prevent Fraud and Misuse. To investigate, prevent, or act regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person or violations of our Terms of Service or this Privacy Policy. This processing is necessary to comply with legal obligations and to serve our legitimate interest in preventing misuse of the Tax Center USA platform, including through illegal activities and fraud.
User Research. We may ask you to help us test new features or participate in surveys to help enhance your Tax Center USA experience. Your participation is voluntary, and we may use your personal information to communicate with you to seek your feedback.
How We Share Your Information
We share your information as outlined below, and where users have asked us to do so or otherwise consented:
Service Providers. We share your information with third-party service providers who use this information to perform services for us, such as payment processors, hosting providers, auditors, advisors, consultants, customer service providers, as well as service providers who assist us in providing the Ad Services. Key service providers we use include Amazon Web Services, Stripe, Zendesk, and Google.
Tax Center USA Affiliates. The information collected about you may be accessed by or shared with affiliates of Tax Center USA, whose use and disclosure of your personal information is subject to this Privacy Policy.
Business Transfers. We may disclose or transfer your information as part of any merger, sale, and transfer of our assets, acquisition or restructuring of all or part of our business, bankruptcy, or similar event.
Protection of Rights and When Legally Required. We may disclose information where we are required to do so by law, where we believe it necessary to respond to claims asserted against us or, comply with legal process (e.g., subpoenas or warrants), enforce or administer our agreements and terms, for fraud prevention, risk assessment, investigation, and protect the rights, property, or safety of Tax Center USA, its users, or others.
Your Content and Public Information. Your content, including your name, profile picture, profile information, and certain associated activity information is available to other users of the Tax Center USA Platform and may also be viewed publicly by non-users. Public viewing includes availability to non-registered visitors and users may share your content across other sites. In addition, your content may be indexed by search engines. See the section below about Your Choices and Settings for information about how to control what information is shared or viewed by others.
Platform Engagement Information. We share with our advertisers and publishers’ aggregate statistics, metrics, and reports about the performance of their ads in the Tax Center USA Platform. This aggregated data may include the number of unique user views, demographics about the users who saw their ads or content, and conversion rates. Certain features allow you to share your personal information with advertisers on our platform if you choose to do so.
Research. We share aggregated or anonymized information with third parties for market research, reporting, and analytics. The information we share in this context cannot be used to identify individual users.
Do-Not-Track Signals. Please note we do not change system behavior within the Tax Center USA Platform in response to browser requests not to be tracked. You may, however, disable certain tracking by third parties as discussed in our Cookie Policy.
How We Secure and Store Your Information
Security. Tax Center USA maintains appropriate technical, administrative, and physical safeguards to protect the information we collect from unauthorized access, use, disclosure, destruction, and altercation.
Retention. We keep your personal information for as long as we have a relationship with you. Once our relationship with you has come to an end, we will retain your personal information for a period that enables us to maintain business records for audit purposes, comply with record retention requirements under the law, and defend or bring any existing or potential legal claims.
How We Transfer Your Information
Tax Center USA is headquartered in the United States, and has operations, entities, and service providers in the United States and throughout the world. As such, we and our service providers may transfer your personal information to, or access it in, jurisdictions that may not provide equivalent levels of data protection as your home jurisdiction. We take steps to ensure that your personal information receives an adequate level of protection in the jurisdictions in which we process it. Where we transfer your personal information outside of the European Economic Area or the United Kingdom, we rely on transfer mechanisms such as the European-Commission approved Standard Contractual Clauses. For more information on our transfer mechanisms, please contact us at the details below.
Your Privacy Rights
Depending on where you live and the local laws, you may have certain rights regarding your personal information. These may include rights to:
Access your personal information
Rectify the personal information we hold about you
Erase your personal information
Restrict our use of your personal information
Object to our use of your personal information
Opt out of targeted advertising
Data portability
Withdraw consent you have given at any time
Lodge a complaint with your local data protection authority
You can update your privacy settings, control the types of notifications and communications we send, and limit the information shared within the Tax Center USA Platform anytime. Here is further information about your choices and settings.
Your Content. You may edit or delete the answers that you post at any time. Any questions you have posted may remain on the Tax Center USA Platform. Other Tax Center USA users will be able to see the history of your content edits in your profile activity. Any deleted content will be removed from third-party sites from which it has been shared via Tax Center USA’s standard sharing features. However, we have no control over deletions or changes to your content if it has been shared manually by others.
Emails and Notifications. When you create a Tax Center USA profile you will receive email digests containing content from the Tax Center USA Platform that we believe may match your interests. You may also receive notices about other content from the Tax Center USA Platform that may be of interest to you, such as Spaces that you follow. In addition, users may be able to send communications and invites to their imported contacts through their Tax Center USA account, by email, text, or phone. You can opt out of receiving emails or other notifications from us by configuring your Emails and Notifications settings, but we will still send you transactional emails about your account.
Interactions with Other Users. You can adjust your settings to restrict who can send you messages on the Tax Center USA Platform or comment on your answers and posts.
Profile Discoverability. You can adjust your settings to block others from discovering your account by searching for your name or using your contact information.
Topics and Spaces. You can change Topics and Spaces that you are affiliated with within your profile.
Credentials. You can change your credentials (e.g., education history, place of employment) that are displayed in your profile or in connection with a specific answer.
Indexed Search. You can control whether your profile is indexed by search engines.
Deleted Account. If you choose to “Delete Account” in your profile settings, then all your content will be removed from public visibility on the Tax Center USA Platform, and it may not be restored by us. It may take Tax Center USA up to 14 days to process your account deletion request, and if you log back into your account during that time, your account may be reactivated.
Deactivated Account. If you choose “Delete Account” in your profile’s settings, then all your content will be removed from public visibility on the Tax Center USA Platform, and it may not be restored by us. If you choose to “Deactivate Account,” in your profile settings, then you will no longer receive any communications from us, and users will not be able to interact with you; however, your content will remain on the Tax Center USA Platform. You can reactivate your account at any time by logging in.
Additional Information for California Residents
This section provides information organized in accordance with the California Consumer Privacy Act, as amended by the California Privacy Rights Act, (“CCPA”) for residents of California about how we handle personal information. This Privacy Policy discloses the categories of personal information that we collect, use, and disclose to operate our business over the past 12 months.
Collect. As we describe in more detail in the section above titled The Information We Collect, we collect personal information directly from consumers, automatically when consumers use the Tax Center USA Platform, and from other sources (such as from other users, partners, including ad partners, or our affiliated companies) and have collected the following categories of personal information in the past 12 months:
Identifiers, such as your name, email address, or IP address
Internet or other similar network activity, such as browsing or search history related to your use of the Tax Center USA Platform
Photos or visual Information, such as your profile photo
Geolocation data, such as approximate location data (we don’t collect precise geolocation, but can infer general location from your IP address)
Employment information, such as employment details you add to your profile
Education information, such as education details you add to your profile
Inferences drawn from other personal information
Commercial Information, such as billing address and purchase history
Use. The section above titled How We Use Your Information discloses that the categories of personal information we collect are used to provide our services, for personalization, for billing and payment, to provide advertising, to promote our services to you, to enable communications with other users, to analyze how our services are used, to comply with law, and to prevent misuse of the Tax Center USA Platform.
Disclose. As we describe in more detail in the section above titled How We Share Your Information, we may disclose the following categories of personal information for business purposes with service providers, affiliates, law enforcement authorities, in the context of a merger or acquisition, as required by law, for the protection of rights, and as directed by you: (1) identifiers, (2) protected classification characteristics, (3) Internet or other similar network activity, (4) geolocation data, (5) photos or visual information, (6) employment information, (7) education information, and (8) inferences.
We Do Not Sell Your Personal Information. We do not sell your personal information to third parties, nor do we sell personal information from users under 16 years old. For more information, please refer to the How We Share Your Information section above.
Retention. We keep your personal information for as long as we have a relationship with you. Once our relationship with you has come to an end, we will retain your personal information for a period that enables us to maintain business records for audit purposes, comply with record retention requirements under the law, and defend or bring any existing or potential legal claims.
California Privacy Rights
California consumers have the right to make the following requests:
Deletion. You have the right to request deletion of personal information that we have collected about you.
Copy and Right to Know. You have the right to request a copy of the specific pieces of personal information that we have collected about you over the past 12 months. You also have a right to request a disclosure about the categories of information, sources, and purposes of collection, as well as categories of third parties we have shared it with over the past 12 months.
Correction. You have the right to request that we correct inaccurate personal information that we maintain about you.
Designated Agent. You may designate an agent to make a request on your behalf. That agent must have access to your Tax Center USA account for us to verify the request. The agent must also provide proof that you gave the agent signed permission to submit the request on your behalf.
Opt out of having your personal information shared for targeted advertising. You may exercise your CCPA rights. You will need access to the email account associated with your Tax Center USA account in order to verify your identity and complete this process. Because we only collect limited data about individuals without an account, we are unable to verify requests from non-account holders to the standard required by the CCPA.
Non-Discrimination. Tax Center USA will not discriminate against you, including by denying or providing a different level or quality of services if you choose to exercise your privacy rights.
Contact Us
If you have any questions about our practices or this Privacy Policy, please contact our Data Protection Officer at:
Tax Center USA,
Attn: Privacy
2040 West Main Street Suite 207
Rapid City, SD 57702
Privacy Policy Updates
We may occasionally update this Privacy Policy to reflect changes in our privacy practices or relevant data protection laws. We will notify you if we make any material changes and will revise the "Last Updated" date at the top of this Privacy Policy.
Acceptance of the Terms of Service and Use
These terms of use are entered into by and between You and Tax Center USA (“Company”, “We”, or “Us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern Your access to and use of the taxcenterusa.com/ website, including any content, functionality, and services offered on or through such website (each hereinafter referred to as the “Website”), whether as a guest or registered user.
Please read the Terms of Use Carefully before You start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to You, you accept and agree to be bound and abide by these Terms of Use. If You do not want to agree to these Terms of Use or the Privacy Policies, you must not access or use the Website.
This Website is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that You are of legal age to form a binding contract with the Company. If You are not of legal age to form a binding contract with the Company, you must not access or use the Website.
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately upon Us posting them and apply to all access to and use of the Website thereafter, except any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website. Your continued use of the Website following the posting of revised Terms of Use means that You accept and agree to the changes. You are expected to check this page periodically so that You are aware of any changes.
Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any service or material We provide on the Website, in Our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire website, to users, including registered users.
You are responsible for both (i) making all arrangements necessary for you to have access to the Website, and (ii) ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.
To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of Your use of the Website that all the information You provide on the Website is correct, current, and complete. You agree that all information You provide, and Your use of the Website, is governed by Our Privacy Policies, and You consent to all actions We take with respect to Your information consistent with Our Privacy Policies.
Any username, password, or any other piece of information You utilize as part of Our security procedures to access the Website is confidential, and You must not disclose it to any other person or entity. You also acknowledge that Your account is personal to You and agree not to provide any other person with access to this Website or portions of it using Your username, password, or any other security information. You agree to notify Us immediately of any unauthorized access to, or use of, Your username or password or any other breach of security. You also agree to ensure that You exit from Your account at the end of each session. You should use caution when accessing Your account from a public or shared computer so that others are not able to view or record Your password or other personal information.
Intellectual Property Rights
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights law.
These Terms of Use permit You to use the Website for Your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows: (i) Your computer may temporarily store copies of such materials in RAM incidental to Your accessing and viewing those materials; (ii) You may store files that are automatically cached by Your Web browser for display enhancement purposes; (iii) You may print or download one copy of a reasonable number of pages of the Website for Your own personal, non-commercial use and not for further reproduction, publication, or distribution; (iv) You may print or download copies of documents provided to You as part of the services we provide to You through Our Website or web-based portal for Your records and Your own personal, non-commercial use; and (v) if We provide desktop, mobile, or other applications for download, You may download a single copy to Your computer, tablet, or mobile device for Your own personal, non-commercial use, provided You agree to be bound by Our end user license agreement for such applications. You must not access or use any part of the Website or any services or materials available through the Website for any commercial purposes, including reselling and/or co-branding/private labeling.
If you print, copy, modify download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and You must, at Our option, return or destroy any copies of the materials You have made. No right, title, or interest in or to the Website or any content on the Website is transferred to You, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website: (i) in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries); (ii) for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise; (iii) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use; (iv) to transmit, or procure the sending of, any advertising or promotional material without prior written consent, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation; (v) to impersonate or attempt to impersonate the Company, a Company employee, or another user, or any other person or entity (including, without limitation, by using email addresses or user names associated with any of the foregoing); or (vi) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which as determined by Us, may harm the Company or users of the Website or expose them to liability.
Additionally, You agree not to: (i) use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activates through the Website; (ii) use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; (iii) use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without Our prior written consent; (iv) use any device, software, or routine that interferes with the proper working of the Website; (v) introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (vi) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website; (vii) attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or (viii) otherwise attempt to interfere with the proper working of the Website.
Content Standards
These content standards apply to all documents and materials (collectively, “Materials”) sent, knowingly received, uploaded, downloaded, used, or re-used from or to the Website. All Materials must in their entirety comply with all applicable federal, state, local, and international laws, and regulations. Without limiting the foregoing, Materials must not (i) contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable; (ii) promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; (iii) Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person; (iv) violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policies; (v) be likely to deceive any person; (vi) promote any illegal activity, or advocate, promote, or assist any unlawful act; (vii) cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person; (viii) impersonate any person, or misrepresent your identity or affiliation with any person or organization; (ix) involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising; (x) give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance You place on such information is strictly at Your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by You or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties, including materials provided by other third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to You or any third party, for the content or accuracy of any materials provided by any third parties.
Disclaimer of Warranties
You understand that We cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy Your requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER DEVICE COMPUTER OR OTHER DEVICE PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENCORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, MEMBERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER OR DEVICE EQUIPMENT, COMPUTER AND OTHER DEVICE PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSED ON IT, OR ON ANY WEBSITE LINKED TO IT, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, members, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to Your violation of these Terms of Use or Your use of the Website, including, but not limited to, any Materials You provide, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use or Your use of any information obtained from the Website.
Entire Agreement
The Terms of Use and Our Privacy Policies constitute the sole and entire agreement between You and Company regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
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