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ALPHA TAX SERVICES USER SERVICE AGREEMENT
WARNING! BY ACCESSING THIS SITE, YOU ARE AGREEING TO EACH OF THE TERMS, CONDITIONS, COVENANTS AND STIPULATIONS APPEARING IN THIS USER AGREEMENT. IF YOU DISAGREE WITH ANY OF THE TERMS AND CONDITIONS, DO NOT ENTER THIS SITE. 1. This site is provided by Alpha Tax Services, hereinafter referred to as "Alpha." By your use of this site, you are agreeing to each of the terms and conditions contained in this agreement and as subsequently modified by Alpha. Alpha reserves the right to modify or amend this agreement at any time without notice. By accessing this site, you are legally agreeing to the terms and conditions of this agreement, which shall be binding on you or any person, individual, or entity accessing the Alpha website by or on your behalf. 2. Guidelines and Rules of Alpha. In addition to the terms and conditions specified in this agreement, you also agree to be bound by any rules or guidelines provided by Alpha, whether contained in the Alpha website or provided to you by some other medium. It will be your responsibility to review this site for all applicable rules or guidelines. 3. You may download and print this agreement. You should feel free to have this agreement reviewed by an attorney of your choice. 4. Consideration for Sums Paid or to be Paid by You as User. Alpha will supply you with online tax preparation services. Alpha's tax preparation services are provided to you through its site on the World Wide Web. Access to Alpha's site through the Worldwide Web is your responsibility. Alpha will not be responsible or liable for any data or communications which are delayed or lost or undelivered on the Worldwide Web or through any other medium of communication or any computer damages you incur by accessing the site. It will be your responsibility to obtain the services of such internet access companies as you deem appropriate. 5. Alpha hereby grants you a license which is non-transferable, non-assignable and non-exclusive to access Alpha's website and the user code provided to you. This license is terminable by Alpha at any time with or without notice. This license is not assignable or delegable. You shall not have the right to grant a lien or security interest of any kind in this license to any individual or entity. This license and any other rights conferred by this agreement on you shall not be subject to any judgment, execution, garnishment, claim or demand of any kind on the part of creditors or others demanding a claim or interest in said license through you or on your behalf. This license and the rights provided by this agreement are strictly personal. You shall not have the right to download any of the software or programs utilized by Alpha in providing its tax services other than what is specifically authorized by Alpha. 6. You shall not have the right to copy, reproduce, transmit, publish, distribute or modify in any way any software, programs or work product provided for, by or on behalf of Alpha. You shall not have the right to create, permit or allow any link or hyperlink to the Alpha website, either directly or indirectly. 7. Alpha reserves the right to modify, suspend, amend or terminate its services at any time without notice. You agree that in the event Alpha modifies, amends, suspends or terminates its services, Alpha shall have no liability or responsibility to you. Your right to use this website and to obtain the services provided by Alpha is limited by the terms of this agreement and is subject to Alpha's approval or disapproval. 8 You agree that you will not, either individually or as an officer, agent or employee of any entity, permit or allow any programs, software, data or information provided by Alpha or any derivative thereof to be transmitted, sold, exchanged, delivered, traded, bartered or otherwise transferred to any third party for any purpose except the extent that is necessary for you to provide tax returns prepared by Alpha to taxing authorities or your own professional tax preparer. You further agree that you will not use for any purpose any name or trade name used by Alpha in connection with its tax service business and that you will not use, transmit, sell, convey, transfer or deliver to any third person any portion of the Alpha website or materials contained within the Alpha website. 9. You agree that you will provide Alpha with all the personal data requested from you, including credit card data, and that all such data will be true and correct to the best of your knowledge and belief. You further agree that in the event of any changes in the personal data provided by you to Alpha, you will promptly inform Alpha of the change. In the event any of the data or information you have provided to Alpha is incorrect, Alpha shall have the right to immediately suspend and terminate its delivery of tax services or any other service it provides to you, your heirs, successors, personal representatives and assigns. 10. Alpha shall provide you with a password and/or account number. You agree that you shall be entirely responsible for the use of your password and/or account number and shall be responsible for closing out your account at the end of each use of your account. It is important that you do not allow any unauthorized person to gain access to your account by providing them with your password or account number. It will be your responsibility to notify Alpha immediately of any unauthorized use of your account. You shall be solely responsible for any loss, damage or harm which may be caused by the unauthorized use of your password or account number. 11. You shall not use the Alpha site for any unlawful or immoral purpose including, but not limited to, the following:
12. At any time, in its sole discretion and without your consent, Alpha may terminate your account and the password or account number associated with it and delete any and all data that you have provided to Alpha's site. Alpha shall have no liability or responsibility to you of any kind for the deletion of these materials. 13. You assume a responsibility for the accuracy, timeliness and completeness of data which you or any person acting on your behalf has provided to the Alpha site. Alpha, its agents, officers, employees and contractors, shall not have any liability in regard to any data which you have provided to the Alpha site or for any misdelivery or your failure to store data. 14. Alpha may save and retain so much of the data which you have provided to Alpha as Alpha, in its sole discretion, deems appropriate. Alpha may disclose the data provided by you in the event such disclosure is required by law, by process of any court or administrative agency or so much as is necessary for Alpha to protect or uphold its own interest in any dispute with you or with any other party. Additionally, Alpha may disclose so much of the data as provided by you which Alpha, in its sole discretion, deems necessary to protect its interest, your interest or the interest of the public. 15. You hereby grant Alpha full right, authority, and license to transmit any data which you have provided Alpha under any means of transmission including, but not limited to, Worldwide Web, telephone lines, high speed cable or any other means of data transmission, and Alpha shall not be liable or responsible for any loss of data or blockage in connection with such transmission. 16. In the event you obtain any goods or services from any third party vendor through the Alpha site or through any link with the Alpha site, you agree that Alpha shall not be liable for any loss, claim, demand or damage resulting from your use of such third party vendors and you further agree to indemnify and hold Alpha harmless from any loss, claim, liability, demand or damage in connection with same. Alpha makes no representations of any kind to you or any materials provided by flyers of goods, services or data which are linked to the Alpha website. Alpha has not reviewed, critiqued or censored any entities or information which is linked to the Alpha website and does not make any representations as to the accuracy or validity of same. All links to the Alpha website shall be used by you at your own risk. 17. ALPHA DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE AND WARRANTY OF MERCHANTABILITY. You agree by use of this site that Alpha shall not be liable or responsible for any loss of data, misdirection or miscommunication of data or inaccuracy or incompleteness of tax returns. You specifically agree that in the event of any claim of any kind against Alpha, Alpha shall not be responsible for any consequential damages which may result from its breach of this agreement and that any damages recovered by you shall be limited to an amount equal to twice the cost of the tax services provided by Alpha to you. In the event of any litigation between you and Alpha, it is agreed that each party shall pay their own attorney's fees and court costs and that neither party shall be chargeable with the attorney's fees or court costs of the other party. You further agree that any disputes between yourself and Alpha shall be governed by this agreement, as amended or modified, the rules and guidelines and the laws of the State of Florida. Exclusive venue for any legal action between yourself and Alpha shall be Orange County, Florida. Alpha will not be responsible for any loss of profits, loss of use or other damages, other special or general damages, consequential damage or otherwise, except as specifically set forth herein. These limitations shall apply even if Alpha has been advised in writing of the possibility of such consequential losses or special damages. 18. You agree to indemnify and hold Alpha harmless from any loss, claim, liability, demand or damage including, but not limited to, attorney's fees or costs which may arise from or out of your use of the Alpha site or any link to the Alpha site or out of your use of any data, information or material of any kind obtained by you from the Alpha site, or which may arise from any third party's use of your account at the Alpha site or for any loss, liability, harm, demand or damage to any third party in which the third party's claim may arise or be related to any service provided by Alpha to you, or from any data provided by you to Alpha, or from any data or materials which you have downloaded from Alpha, or from any link with Alpha, whether created by you or Alpha, or which may arise in any way from your breach of this contract and/or the rules or guidelines provided by Alpha. You shall not make any commercial use of any content or data contained within the Alpha site. All content and data contained in the Alpha site are the exclusive and sole property of Alpha. 19. This agreement, as modified, including any rules or guidelines of Alpha constitutes the entire agreement of the parties. You acknowledge that there are no other agreements between the parties, either verbal or in writing, and that any previous agreements or understandings are merged into the terms of this agreement. 20. This agreement may not be amended, modified or altered except by written document signed by you and by an authorized officer of Alpha. To be effective, any such amendment must be authenticated by the signature of at least two witnesses and must be duly acknowledged in the presence of a Notary Public. This provision, however, does not affect the right reserved by Alpha to modify, alter or terminate this agreement. 21. Failure of Alpha to enforce any of the terms of this agreement shall not constitute a waiver on the part of Alpha as to any future enforcement of those terms and no waiver on the part of Alpha shall be deemed to void, cancel or terminate this agreement. To be effective, any waiver must be in writing and executed as specified above for amendments. 22. The unenforceability of any provision or term of this agreement shall not affect the enforceability of the other terms and conditions of this agreement which shall be deemed to be severable. 23. This agreement shall be binding upon the parties hereto, their agents, personal representatives and assigns and shall inure to the benefit of the officers, agents and employees of the parties hereto. 24. Alpha reserves the right to assign this agreement at any time without notice to you. Said assignment may be either in whole or in part and may constitute an assignment of proceeds or of contract rights or partial contract rights. 25. By your use of the Alpha site, you have agreed to the terms and conditions specified above and as specified in the rules and guidelines provided by Alpha. This licensing agreement is an integral part of the tax service provided to you by Alpha. |
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