TERMS & CONDITIONS
Effective Date: 1/7/2009
Thank you for visiting the TRM/Tax-Radar (a subsidiary/division of Vision Equity Limited) website located at TaxRiskManagement.com and/or tax-Radar.com (the "Site," "TaxRiskManagement.com and/or tax-Radar.com," "we," "us"). TaxRiskManagement.com and/or tax-Radar.com has created this Privacy Statement and Policy ("Privacy Policy") so that you are aware of how we gather information and how that information is disseminated. We understand the importance that Internet users place on privacy, and we have designed our service with this in mind.
Information
This Privacy Policy applies to end-users that access the Site, and/or register for, or purchase, the products and/or services offered by and through the Site. The types of personally identifiable information that we collect at the Site, during registration and when you make a purchase may include, without limitation, any of the following: your name, street address, e-mail address, telephone number (home and work), date of birth and credit card information. In addition, we may request information about your use of, or interest in, the types of products and services offered by the third party sellers with whom we have partnered to offer you the products and services available at the Site.
Cookies
We use cookies to deliver content specific to your interests. Cookies are text files that we place in your computer's browser to store your preferences. Cookies do not personally identify you in any way.
Sharing of Information
Unless you specify otherwise in the application form in the space provided for making comments that you DO NOT give permission for your information to be shared with third parties for the reasons mentioned in these terms and conditions, the following will apply:
TaxRiskManagement.com and/or tax-Radar.com uses the information described above to tailor our content and help our advertisers and third party marketers better understand the demographic profile of our Site's users. This is essential to keep the costs of our products and/or services reasonable. The personally identifiable information that you submit to TaxRiskManagement.com and/or tax-Radar.com remains your property, however, by submitting that information to TaxRiskManagement.com and/or tax-Radar.com you grant TaxRiskManagement.com and/or tax-Radar.com the right to use that information as set forth herein. We may use your personal information and/or transfer the personal information you supply on the Site to other third party businesses, subject to applicable state and federal law, for any legal purpose including, without limitation to: (a) bring selected retail opportunities and promotional offers to you via direct mail marketing, e-mail marketing, telemarketing and/or online banner advertising; (b) when necessary, to receive a product or service that you may have ordered from such third party while using the Site or when responding to offers provided by TaxRiskManagement.com and/or tax-Radar.com; (c) tracking compliance with our TaxRiskManagement.com and/or tax-Radar.com Website Terms and Conditions ("Terms and Conditions"); and (d) for validation, suppression, content improvement and feedback purposes. These third party businesses may include providers of direct marketing services and applications, including look up and reference, data enhancement, suppression and validation, and e-mail marketing. By permitting TaxRiskManagement.com and/or tax-Radar.com to collect this information, you will be able to receive free information on products and services that may be of interest to you (see "Sharing of Information" below). We use contact information collected from our Site to send you information about us, to keep you informed of products and services that may be of interest to you, as well as to service your account with us should you place an order. In addition, you agree that we may contact you with updates and/or any other information that we may deem appropriate for you to receive in connection with your account and/or the Site.
We also use this information to personalize your experience with TaxRiskManagement.com and/or tax-Radar.com. Contact information is also used to reach you, when necessary, regarding the use of our Site, products and/or services.
By submitting your e-mail address at the Site, you agree to receive e-mail marketing from TaxRiskManagement.com and/or tax-Radar.com and our third party advertisers. Our third party advertisers, may maintain separate e-mail lists for different purposes. If you wish to end your e-mail subscription to a particular list, you must follow the instructions contained in each e-mail correspondence that you receive from TaxRiskManagement.com and/or tax-Radar.com or the applicable third party advertiser to unsubscribe from that particular list. To unsubscribe from all TaxRiskManagement.com and/or tax-Radar.com e-mail lists, please click here or send a letter to: TaxRiskManagement.com and/or tax-Radar.com, 4580 Donald Ross Road, Suite 105-72, Palm Beach Gardens, FL 33418. We only send e-mail marketing to individuals that have agreed to receive e-mail from TaxRiskManagement.com and/or tax-Radar.com and to individuals that have otherwise agreed, on third party websites, to receive e-mail marketing from other companies, such as TaxRiskManagement.com and/or tax-Radar.com . TaxRiskManagement.com and/or tax-Radar.com does not send unsolicited commercial e-mail. As a result, certain statutes requiring particular formatting for unsolicited commercial e-mail may not be applicable to the commercial e-mail that is sent by TaxRiskManagement.com and/or tax-Radar.com. Notwithstanding the foregoing, we will not send you any e-mail marketing, or allow any third party to send you e-mail marketing, from which you cannot unsubscribe.
You may choose to stop receiving future communications regarding products and services we may offer to you (see the "Opt-Out/Unsubscribe" section below), however we may be required to contact you thereafter regarding any order or purchase that you may make while on this Site.
In addition, you agree that by submitting your e-mail address at the Site and/or registering for the products and/or service offered herein, such act constitutes a purchase, an inquiry and/or an application for purposes of the Amended Telemarketing Sales Rule, 16 CFR §310 et seq. (the "ATSR") and any applicable state and local do-not-call regulations. Notwithstanding that your telephone number may be listed on the Federal Trade Commission's Do-Not-Call List, or an applicable state do-not-call list, TaxRiskManagement.com and/or tax-Radar.com retains the right to contact you via telemarketing in accordance with the ATSR and the applicable state regulations. Moreover, by registering with, or requesting information from, a third party advertiser at or through the Site, such action shall constitute a purchase, an inquiry and/or an application with the respective third party advertiser for purposes of the ATSR and any applicable state and local do-not-call regulations and you may be contacted via e-mail, direct mail and/or telemarketing by such third party advertiser in accordance with the ATSR and the applicable state regulations.
TaxRiskManagement.com and/or tax-Radar.com does not control, and is not responsible for, the practices of our advertisers or third party marketers.
We will never disclose any credit card or other financial information to any third-party marketers or other non-governmental entity. Notwithstanding the foregoing, we may: (a) share the fact that we have credit card information on file for specific users of the Site but we will not share your specific credit card information with such third parties without your prior informed consent; (b) share your credit card information with consumer credit agencies; and (c) disclose your credit card information and/or financial information to third party processors for the sole purpose of effectuating transactions that you enter into at the Site. We may also disclose your personally identifiable and/or financial information: (a) to a governmental entity if so ordered by a court of law, to comply with the local, state and federal laws (b) where otherwise required by law or in the good-faith belief that such action is necessary in order to conform to the edicts of the law or comply with a legal process served on our Site; or (c) if we are sold or acquired.
If payment is made for any of our products and/or services by check, and such payment is subsequently dishonored by the bank from where the check is drawn, TaxRiskManagement.com and/or tax-Radar.com reserves the right to resubmit the payment electronically either directly or through a third-party payment and/or collection service. You agree that you are responsible for any and all fees pertaining to a returned payment, regardless of the reason. The Returned Check Fee is currently US$25.00 for each occurrence, and will be added to your account. Any order not paid due to returned payments after a reasonable period of time will be considered fraudulent and will be turned over either for collection and/or subsequent prosecution.
Other Websites
This Site, and/or the products and/or services offered herein, may contain links to other websites. TaxRiskManagement.com and/or tax-Radar.com does not endorse, nor are we responsible for the privacy practices or the content of such websites. The entities that advertise and/or place links at the Site including, but not limited to, these websites, are independent third parties and are not affiliated with us. Additionally, certain components of our products and/or services may be provided by partners. In these circumstances: (a) you will be redirected to the applicable third party partner’s website after you have completed the applicable application page; (b) either we will collect and send your personal information to the third party partner, or such third party partner will itself collect your personal information, in connection with completing your purchase from such third party partner; and (c) your purchase will subject you to such third party partner’s privacy policy.
Third-Party Offers
TaxRiskManagement.com and/or tax-Radar.com provides its' users with the opportunity to receive special offers, products and/or services from us and other third parties. By providing your information to us during any of the TaxRiskManagement.com and/or tax-Radar.com information collection processes, you are providing affirmative consent to receive offers that we feel may be of interest to you from third parties. Furthermore, if you indicate the desire to receive certain offers, products or services from a specific vendor during the applicable information collection process, your personally identifiable information that was provided during that TaxRiskManagement.com and/or tax-Radar.com information collection process will be shared with the applicable third party so that such third party may provide their product or service to you and so that you do not have to complete another information collection form to purchase or receive that product or service.
Security
All collected information is stored in a technically and physically secure environment. When our registration/application process prompts users to enter sensitive information (such as credit card information), and when we store and transmit such sensitive information, that information is encrypted and is protected with SSL encryption software. While we use SSL encryption to protect sensitive information online, we also do everything in our power to protect user information off-line. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, we cannot ensure or warrant the security of any information that you transmit to us, and you do so at your own risk. Once we receive your transmission, we make reasonable efforts to ensure its security on our systems. All of our users' information, not just the sensitive information mentioned above, is restricted in our offices. Only employees who need the information to perform a specific job are granted access to personal information. Furthermore, access to this information is strictly limited, and not accessible to the public. Our employees are dedicated to ensuring the security and privacy of all user information. Employees not adhering to our firm policies are subject to disciplinary action.
Please note that any attempt to breach the security of the network, our servers, databases or other hardware or software supporting this Site or other websites under the control of TaxRiskManagement.com and/or tax-Radar.com constitutes a crime punishable by law. We will turn over to authorities, any and all evidence relating to a potential breach of security or other abuse against the network, servers, databases or other such supporting equipment or software. In compliance with applicable federal and state laws, we shall notify you in the event that we learn of an information security breach with respect to your personal information. You will be notified via e-mail in the event of such a breach. Please be advised that notice may be delayed in order to address the needs of law enforcement, determine the scope of network damage, and to engage in remedial measures.
Children's Guidelines
We take special steps to safeguard the privacy of children. It is important for children to get permission from their parents before accessing or supplying any personal information to TaxRiskManagement.com and/or tax-Radar.com. We will never knowingly collect personally identifiable information from people under eighteen (18) years of age.
Opt-Out/Unsubscribe
To stop receiving future communications from us, please send an e-mail to info@tax-radar.com with "Unsubscribe me" in the subject line. This e-mail must be sent from the e-mail to which tax-Radar sends its communication to you.
Changes in Privacy Policy
TaxRiskManagement.com and/or tax-Radar.com reserves the right to change or update this privacy policy at any time by posting a notice on our Site that we are changing our privacy policy. If the manner in which we use personally identifiable information changes, TaxRiskManagement.com and/or tax-Radar.com will notify you by: (a) posting the changes as a start-up screen prior to your subsequent use of the products and/or service offered herein; (b) sending the modified policy to the users via email; (c) placing a link to the modified policy on the TaxRiskManagement.com and/or tax-Radar.com home page; or (d) by any other reasonable means acceptable under applicable state and federal law. You will have a choice as to whether or not we use your information in this different manner. At any time that you do not agree with the changes, you must opt out from receiving future communications from us (see the "Opt-Out/Unsubscribe" section above). Failure to opt out after notice of any such changes constitutes an affirmative acknowledgement and acceptance by you of the modified Privacy Policy.
Information Disclaimer
Content available through both this website and all TaxRiskManagement.com and/or tax-Radar.com programs is being provided to you as educational material with the express understanding that, we are not engaged in rendering legal, accounting or other professional service(s). The scope of our service is solely education with the exception of specific programs where we, TaxRiskManagement.com and/or tax-Radar.com, may work in conjunction with other professionals at your discretion while working through the implementation process of a tactic or technique. If legal advice or other expert assistance is required, the services of a professional should be sought.
We provide referrals to professionals around the country, in all areas including business structuring, management, and accounting which are familiar with and capable of implementing the techniques we teach, so please contact us if you are in need of such assistance.
Contacting the Site
Our "contact us" page contains e-mail links that allow you to contact us directly with any questions or comments that you may have. We read every message sent in and try to reply promptly to each one. This information is used to respond directly to your questions and comments.
If you have any questions about this Privacy Policy or the practices of TaxRiskManagement.com and/or tax-Radar.com, please feel free to contact us at:
Privacy Officer
TaxRiskManagement.com and/or tax-Radar.com
4580 Donald Ross Road
Suite 105-72
Palm Beach Gardens
FL 33418
End-User License Agreement ("EULA")
IMPORTANT-READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and TaxRiskManagement.com and/or tax-Radar.com for the TaxRiskManagement.com and/or tax-Radar.com product that accompanies this EULA, which includes coaching services, computer software and may include associated media, printed materials, "online" or electronic documentation, Internet-based services ("Software"), entities and related products . An amendment or addendum to this EULA may accompany the software. YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE OR PRODUCT.
- GRANT OF LICENSE
TaxRiskManagement.com and/or tax-Radar.com grants you the following rights provided that you comply with all terms and conditions of this EULA:
- Software installation and use. You may use, access, display and run one copy of the Web based Software on a single computer, such as a workstation, terminal or other device ("Workstation Computer"). The Software may not be used by more than one person at any one time. All content available through the software is for educational purposes only.
- Product details. These are summarized on the TaxRiskManagement.com and/or tax-Radar.com websites.
- User Obligations. For the tax-Radar Program, we promise to provide you the knowledge and information that you need to help tou minimize your tax risk provided you comply with all your obligations to assist in the reduction of your tax risks.
- User Requirements. You must actively participate in the mentoring program through both the scheduled coaching sessions and teleclasses, you must implement the strategies you are taught through the mentoring program and help reduce tax risks. You also must notify tax-Radar in advance of any cancellations to scheduled sessions and provide all information requested by tax-Radar which is pertinent and necessary to the objectives of the tax-Radar Program.
- Refund Policy For tax-Radar Programs the refund policy is as follows:
No Refund is Granted: The Refund Request is received after 30 calendar days of signing up for our tax-Radar program.
- DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
- Digital Rights Management. Content providers are using the digital rights management technology contained in this Software ("DRM") to protect the integrity of their content ( "Secure Content") so that their intellectual property, including copyright, in such content is not misappropriated. Portions of this Software and third party applications such as media players use DRM to play Secure Content ("DRM Software"). If the DRM Software's security has been compromised, owners of Secure Content ("Secure Content Owners") may request that TaxRiskManagement.com and/or tax-Radar.com revoke the DRM Software's right to copy, display and/or play Secure Content. Revocation does not alter the DRM Software's ability to play unprotected content. A list of revoked DRM Software is sent to your computer whenever you download a license for Secure Content from the Internet. You therefore agree that TaxRiskManagement.com and/or tax-Radar.com may, in conjunction with such license, also download revocation lists onto your computer on behalf of Secure Content Owners. TaxRiskManagement.com and/or tax-Radar.com will not retrieve any personally identifiable information, or any other information, from your computer by downloading such revocation lists. Secure Content Owners may also require you to upgrade some of the DRM components in this Software ("DRM Upgrades") before accessing their content. When you attempt to play such content, TaxRiskManagement.com and/or tax-Radar.com DRM Software will notify you that a DRM Upgrade is required and then ask for your consent before the DRM Upgrade is downloaded. Third party DRM Software may do the same. If you decline the upgrade, you will not be able to access content that requires the DRM Upgrade; however, you will still be able to access unprotected content and Secure Content that does not require the upgrade.
- Internet-Based Services Components. The Software contains components that enable and facilitate the use of certain Internet-based services. You acknowledge and agree that TaxRiskManagement.com and/or tax-Radar.com may automatically check the version of the Software and/or its components that you are utilizing and may provide upgrades or fixes to the Software that will be automatically downloaded to your Workstation Computer.
- Update Features. If you choose to utilize the update features within the Software, it is necessary to use certain computer system, hardware, and software information to implement the features. By using these features, you explicitly authorize TaxRiskManagement.com and/or tax-Radar.com or its designated agent to access and utilize the necessary information for updating purposes. TaxRiskManagement.com and/or tax-Radar.com may use this information solely to improve our software or to provide customized services or technologies to you. TaxRiskManagement.com and/or tax-Radar.com may disclose this information to others, but not in a form that personally identifies you.
- RESERVATION OF RIGHTS AND OWNERSHIP
TaxRiskManagement.com and/or tax-Radar.com reserves all rights not expressly granted to you in this EULA. The Software is protected by copyright and other intellectual property laws and treaties. TaxRiskManagement.com and/or tax-Radar.com or its suppliers own the title, copyright, and other intellectual property rights in the Software. The Software is licensed, not sold.
- LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY
You may not reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
- NO RENTAL/COMMERCIAL HOSTING
You may not rent, lease, lend or provide commercial hosting services with the Software.
- CONSENT TO USE OF DATA
You agree that TaxRiskManagement.com and/or tax-Radar.comand its affiliates may collect and use technical information gathered as part of the product support services provided to you, if any, related to the Software. TaxRiskManagement.com and/or tax-Radar.com may use this information solely to improve our products or to provide customized services, offers or technologies to you.
- LINKS TO THIRD PARTY SITES
You may link to third party sites through the use of the Software. The third party sites are not under the control of TaxRiskManagement.com and/or tax-Radar.com, and TaxRiskManagement.com and/or tax-Radar.com is not responsible for the contents of any third party sites, any links contained in third party sites, or any changes or updates to third party sites. TaxRiskManagement.com and/or tax-Radar.com is not responsible for webcasting or any other form of transmission received from any third party sites. TaxRiskManagement.com and/or tax-Radar.com is providing these links to third party sites to you only as a convenience, and the inclusion of any link does not imply an endorsement by TaxRiskManagement.com and/or tax-Radar.com of the third party site.
- ADDITIONAL SOFTWARE/SERVICES
This EULA applies to updates, supplements, add-on components, or Internet-based services components, of the Software that TaxRiskManagement.com and/or tax-Radar.com may provide to you or make available to you after the date you use your initial copy of the Software, unless we provide other terms along with the update, supplement, add-on component, or Internet-based services component. TaxRiskManagement.com and/or tax-Radar.com reserves the right to discontinue any Internet-based services provided to you or made available to you through the use of the Software.
- UPGRADES
To use Software identified as an upgrade, you must first be licensed for the software identified by TaxRiskManagement.com and/or tax-Radar.com as eligible for the upgrade. After upgrading, you may no longer use the software that formed the basis for your upgrade eligibility.
- NOT FOR RESALE SOFTWARE
Software identified as "Not For Resale" or "NFR," may not be sold or otherwise transferred for value, or used for any purpose other than demonstration, test or evaluation.
- EXPORT RESTRICTIONS
You acknowledge that the Software is subject to U.S. export jurisdiction. You agree to comply with all applicable international and national laws that apply to the Software, including the U.S. Export Administration Regulations, as well as end-user, end-use, and destination restrictions issued by U.S. and other governments.
- SOFTWARE TRANSFER
Internal. You may move the Software to a different Workstation Computer. After the transfer, you must completely remove the Software from the former Workstation Computer. Transfer to Third Party. The initial user of the Software may make a one-time permanent transfer of this EULA and Software to another end user, provided the initial user retains no copies of the Software. This transfer must include all of the Software (including all component parts, the media and printed materials, any upgrades, this EULA, and, if applicable, the Certificate of Authenticity). The transfer may not be an indirect transfer, such as a consignment. Prior to the transfer, the end user receiving the Software must agree to all the EULA terms.
- TERMINATION
Without prejudice to any other rights, TaxRiskManagement.com and/or tax-Radar.com may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the Software and all of its component parts.
- LIMITED WARRANTY FOR SOFTWARE ACQUIRED IN THE US AND CANADA
TaxRiskManagement.com and/or tax-Radar.com warrants that the Software will perform substantially in accordance with the accompanying materials for a period of ninety (90) days from the date of receipt. If an implied warranty or condition is created by your state /jurisdiction and federal or state/provincial law prohibits disclaimer of it, you also have an implied warranty or condition, BUT ONLY AS TO DEFECTS DISCOVERED DURING THE PERIOD OF THIS LIMITED WARRANTY (NINETY DAYS). AS TO ANY DEFECTS DISCOVERED AFTER THE NINETY-DAY PERIOD, THERE IS NO WARRANTY OR CONDITION OF ANY KIND. Some states/jurisdictions do not allow limitations on how long an implied warranty or condition lasts, so the above limitation may not apply to you. Any supplements or updates to the Software, including without limitation, any (if any) service packs or hot fixes provided to you after the expiration of the ninety day Limited Warranty period are not covered by any warranty or condition, express, implied or statutory.
- LIMITATION ON REMEDIES; NO CONSEQUENTIAL OR OTHER DAMAGES
Your exclusive remedy for any breach of this Limited Warranty is as set forth below. Except for any refund elected by TaxRiskManagement.com and/or tax-Radar.com, YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, if the Software does not meet TaxRiskManagement.com and/or tax-Radar.com's Limited Warranty, and, to the maximum extent allowed by applicable law, even if any remedy fails of its essential purpose. The terms of Section 17 ("Exclusion of Incidental, Consequential and Certain Other Damages") are also incorporated into this Limited Warranty. Some states /jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This Limited Warranty gives you specific legal rights. You may have other rights which vary from state/jurisdiction to state/jurisdiction. YOUR EXCLUSIVE REMEDY. TaxRiskManagement.com and/or tax-Radar.com's and its suppliers' entire liability and your exclusive remedy for any breach of this Limited Warranty or for any other breach of this EULA or for any other liability relating to the Software shall be, at TaxRiskManagement.com and/or tax-Radar.com's option from time to time exercised subject to applicable law, (a) return of the amount paid (if any) for the Software, or (b) repair or replacement of the Software, that does not meet this Limited Warranty and that is returned to TaxRiskManagement.com and/or tax-Radar.com with a copy of your receipt. You will receive the remedy elected by TaxRiskManagement.com and/or tax-Radar.com without charge, except that you are responsible for any expenses you may incur (e.g. cost of shipping the Software to TaxRiskManagement.com and/or tax-Radar.com). This Limited Warranty is void if failure of the Software has resulted from accident, abuse, misapplication, abnormal use or a virus. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer, and TaxRiskManagement.com and/or tax-Radar.com will use commercially reasonable efforts to provide your remedy within a commercially reasonable time of your compliance with TaxRiskManagement.com and/or tax-Radar.com's warranty remedy procedures. Outside the United States or Canada, neither these remedies nor any product support services offered by TaxRiskManagement.com and/or tax-Radar.com are available without proof of purchase from an authorized international source. To exercise your remedy, contact: TaxRiskManagement.com and/or tax-Radar.com.
4580 Donald Ross Road
Suite 105-72
Palm Beach Gardens
FL 33418.
- DISCLAIMER OF WARRANTIES
The Limited Warranty that appears above is the only express warranty made to you and is provided in lieu of any other express warranties or similar obligations (if any) created by any advertising, documentation, packaging, or other communications. Except for the Limited Warranty and to the maximum extent permitted by applicable law, TaxRiskManagement.com and/or tax-Radar.com and its suppliers provide the Software and support services (if any) AS IS AND WITH ALL FAULTS, and hereby disclaim all other warranties and conditions, whether express, implied or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of reliability or availability, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence, all with regard to the Software, and the provision of or failure to provide support or other services, information, software, and related content through the Software or otherwise arising out of the use of the Software. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE.
- EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TaxRiskManagement.com and/or tax-Radar.com OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATON, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF TaxRiskManagement.com and/or tax-Radar.com OR ANY SUPPLIER, AND EVEN IF TaxRiskManagement.com and/or tax-Radar.com OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- LIMITATION OF LIABILITY AND REMEDIES
Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced herein and all direct or general damages in contract or anything else), the entire liability of TaxRiskManagement.com and/or tax-Radar.com and any of its suppliers under any provision of this EULA and your exclusive remedy hereunder (except for any remedy of repair or replacement elected by TaxRiskManagement.com and/or tax-Radar.com with respect to any breach of the Limited Warranty) shall be limited to the greater of the actual damages you incur in reasonable reliance on the Software up to the amount actually paid by you for the Software or US$5.00. The foregoing limitations, exclusions and disclaimers (including Sections 15, 16 and 17) shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
- U.S. GOVERNMENT LICENSE RIGHTS
All Software provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995 is provided with the commercial license rights and restrictions described elsewhere herein. All Software provided to the U.S. Government pursuant to solicitations issued prior to December 1, 1995 is provided with "Restricted Rights" as provided for in FAR, 48 CFR 52.227 -14 (JUNE 1987) or DFAR, 48 CFR 252.227-7013 (OCT 1988), as applicable.
- APPLICABLE LAW
If you acquired this Software in the United States, this EULA is governed by the laws of the State of Florida.
- ENTIRE AGREEMENT; SEVERABILITY
This EULA (including any addendum or amendment to this EULA which is included with the Software) is the entire agreement between you and TaxRiskManagement.com and/or tax-Radar.com relating to the Software and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software or any other subject matter covered by this EULA. To the extent the terms of any TaxRiskManagement.com and/or tax-Radar.com policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control. If any provision of this EULA is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.
Should you have any questions concerning this EULA, or if you desire to contact TaxRiskManagement.com and/or tax-Radar.com for any reason, please use the address information enclosed to contact TaxRiskManagement.com and/or tax-Radar.com
4580 Donald Ross Road
Suite 105-72
Palm Beach Gardens
FL 33418. |
