At KBKG, user privacy is an important concern. We are committed to privacy and security, and to providing the best possible user experience for our users and online customers. We also strive to protect the personal and confidential information of those who use our on-line services and website. Our Privacy Notice can be found at http://www.solutions.kbkg.com/home/privacypolicy. This notice may be updated by us from time to time.
Your use of our Website is subject to the additional disclaimers and notices that may appear throughout the Website. If you use any of our products or services, you are subject to any applicable agreements (including, but not limited to, the End User License Agreement (“EULA”) for our software) ("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. KBKG and its representatives assume no responsibility for any consequence based on the information, services or other material on our Website. While we strive to keep the information on this Website accurate, complete and up-to-date, KBKG and its representatives cannot guarantee, and will not be responsible for any damage or loss related to, the accuracy, completeness or timeliness of the information or services on the Website. If at any time you are not happy with the Website or object to any content within the Website, your sole remedy is to cease using the Website.
USE AND LICENSE
We may provide users with online tax preparation products, services, calculators, software and tax preparation information ("services and information") for personal and commercial use. We grant you access to the Website during the term of this Agreement solely to receive the services and information. These services and information 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. Except as expressly provided otherwise in an applicable Supplemental Agreement, we grant you a 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 Website, solely for your own purposes necessary to receive the services and information provided on the Website, 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 website; (iii) reproduce, duplicate, copy, sell, rent, resell or exploit for any commercial purposes any portion of the Website, use of the Website, or access to the Website; or (iv) establish hyperlinks to any page other than the home page of the Website or create any frame containing any portion of the Website, on any other website 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 Website by any means other than through a commercially available web browser. You will not access or attempt to access password protected, secure or non-public areas of the website without our prior written permission. You will comply with all privacy laws.
In order to use the Website, you must obtain access to the Internet and pay any service fees associated with such access. System availability and access to the services and information available on the Website 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 Website. You are responsible for your use of your Internet browser, the Website, and the services and information provided on the Website. We are not responsible for deletion of data, timeliness of services, or the failure to store any of your data or personalization settings.
All content on the Website, including but not limited, text, graphics, logos, button icons, images, audio clips, trade names, trademarks, service marks, trade dress, digital downloads, data compilations, software, and the compilation of any of the foregoing, is our property the property of our licensors and is protected by United States and international patent, copyright, and trademark laws. The display and availability of the content on the Website does not convey or create any license or other rights in the content. Any unauthorized copying, reverse engineering, redistribution, reproduction, publication or modification of Website content by any person without our prior written authorization is strictly prohibited, may be a violation of federal or common law, trademark, patent and copyright laws and may subject such a violator to legal action. The use of content from the Website on any other website or networked computer environment is similarly prohibited. Requests for permission to reproduce or distribute materials found on the Website can be made by contacting us in advance in writing. You are also strictly prohibited from creating works or materials that derive from or are based on the Website content or other materials contained in the Website 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.
There may be portions of the Website that require you to create a user account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, you will not disclose the username and password to any person, and you agree to accept responsibility for all activities that occur under your 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. We may, in our sole discretion, terminate your password, account (or any part thereof) or use of the Website at any time and for any or no reason. KBKG will not be liable to you or any third party for any termination of your access to the Website. If your status as a user of this Website is terminated, you will (i) stop using the Website and any information obtained from the Website, and (ii) destroy all copies of your account information, password and any information obtained from this Website. You agree that any information you provide to us through the Website 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 Website (or any portion thereof) and the services and information provided on the Website
You agree that you will not disclose our Confidential Information to any person or entity, other than as necessary to use the services and information provided on the Website. You will not use or permit the use of any Confidential Information except as necessary in connection with the services and information. 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 which: (i) is obtained from password protected portions of the Website or (ii) (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.
NO UNLAWFUL OR PROHIBITED USE
If you are under the age of eighteen (18), you may not use this Website. As a condition of your use of this Website, you warrant to KBKG that you will not use this Website for any purpose that is against the law or prohibited by these terms. If you violate any of these terms, your permission to use this Website automatically ends. You may not without, our prior written permission, use 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 this Website or accessed through this Website. You may not republish KBKG content or other content from this Website on another website or use in-line or other linking to display such content without our permission. You may not introduce viruses, spyware or other malicious code to this Website. You represent and warrant that you use frequently updated, commercially standard virus protection software to ensure that the system you use to access our Website is virus free.
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 Website. The Website 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 Website or the use thereof. Any communications sent to you via the Website or otherwise from us (including without limitation in the form of newsletters, electronic mail or via telephone), and the contents of the Website (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 SERVICES AND INFORMATION OFFERED ON THE WEBSITE 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 WEBSITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE WEBSITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE WEBSITE OR THROUGH ANY LINKS PROVIDED ON THE WEBSITE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES AND INFORMATION IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES OR 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.
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 WEBSITE (COLLECTIVELY THE "WEBSITE PROVIDERS"), BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (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 WEBSITE, ANY COMMUNICATIONS SENT TO YOU VIA THE WEBSITE OR OTHERWISE FROM US (INCLUDING WITHOUT LIMITATION IN THE FORM OF ELECTRONIC MAIL OR VIA TELEPHONE), OR INFORMATION AVAILABLE FROM THE WEBSITE, EVEN IF ANY ONE OF OR ALL OF THE WEBSITE 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.
LINKS TO THIRD PARTY SITES
TRANSACTIONS WITH THIRD PARTIES
Your correspondence or business dealings with, or participation in promotions of, advertisers or third parties found on or throughout the Website, 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 third parties and are not binding on us. You agree that we are not 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 Website, and you agree to indemnify us from and against any Claims incurred as the result of any such dealings.
LINKS TO OUR WEBSITE
USER CONTENT, Q&A SECTION, INTERACTIVE AREAS
We may offer you the opportunity to contribute your ideas, comments, questions, feedback and other communications to or from the Website (collectively, the "User Content") in other blogs, message boards, chat rooms, e-mail, Q&A section and other features of the Website ("User Areas") 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 Website or information provided through the Website 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) Containing nudity, violence of offensive subject matter, or are deemed exploitive in any way
- c) Promoting racism, prejudice, bigotry, hatred, harassment or physical harm of any kind against any individual, group or individual
- d) Promoting illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; or promote any criminal activity or enterprise or provide instructional information about illegal activities, such as making or buying illegal weapons or violating someone's privacy
- e) 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 Website or accessed through the Website
- f) Transmitting information that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party
- g) 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
- h) Impersonating anyone or any entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity
- i) Advertising or posting any commercial content
- j) Interfering with or disrupting the Website
- k) Disrupting the activities or enjoyment of the Website for other users
- l) 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. The User Areas 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 Website. 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 Area. You agree to abide by all applicable local, state and federal laws and regulations and are solely responsible for all acts or omissions that occur under your account or password, including without limitation any User Content you create or upload. You acknowledge that User Content is not endorsed by KBKG and such user content should not be considered to have been reviewed, screened or approved by KBKG. You should exercise discretion before relying on information contained in user content. We may, in our sole discretion, remove any User Content from a User Area at any time and for any or no reason. KBKG will not be liable to you or any third party for any deletion of any User Content on the Website. You acknowledge that we may preserve and disclose User Content if required to do so by law or 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 the right, property or personal safety of KBKG, any users of the Website, and the public. You also acknowledge that the technical processing and transmission of the Website, 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. We will not be liable for the collection, use or disclosure of any personal information by, in or through a User Area offered by a third party. In such circumstances, you must refer to any terms of service and privacy statement of the third party offering the User Area.
You agree to indemnify us and hold us harmless from and against any Claims arising out of or relating to: (i) User Content you submit, post to or transmit through the Website; and (ii) your violation of any rights of any other person in connection with the Website, information you post on the Website, information you receive from the Website, or the services or information provided on the Website.
CHANGES TO WEBSITE
We may make improvements or changes in the information, services, products, and other materials on this Website or terminate this Website at any time for any or no reason and without notice.
Generally, all fees and charges are nonrefundable and there are no refunds or credits for partially used periods. Except as noted here, all paid products including subscriptions, documents, files, etc, are nonrefundable after purchase and delivery. An exception we may consider is providing a refund when we've updated your payment information and there are good reasons to believe that you did not intend for an update to be made. Also, under the laws applicable in your jurisdiction, subscribers may qualify for a refund if requested during a short period of time after the beginning of the subscription. For example, citizens of the European Union are entitled to a full refund during the 14 days after the subscription begins. Please note that this 14 day period commences when the subscription service starts, which in the event of free trial promotions happens before you are first charged, and so there may be no fees paid to be refunded.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that any material contained on the Website infringes your copyright or other intellectual property rights, you should notify KBKG of your copyright infringement claim in accordance with the following procedure. KBKG will process notices of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws. Pursuant to the DMCA, all notifications of claimed copyright infringement on the Website should be sent ONLY to our Designated Agent. Name of Agent Designated to Receive Notification of Claimed Infringement:
790 E COLORADO BLVD.
PASADENA CA 91101
Under the DMCA, 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 Website, 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
- 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
NOTE: THE DESIGNATED AGENT 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 ABUSE, etc.) TO THE DESIGNATED AGENT AS YOU WILL NOT RECEIVE A RESPONSE. 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.
We will, in appropriate circumstances, terminate repeat infringers. If you believe that an account holder or subscriber is a repeat infringer, please follow the instructions above to contact KBKG and provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer.
- a) Governing Law. This Agreement shall be governed by the laws of the State of California, without regard to conflicts of law provisions. Any legal action or proceeding between KBKG and you related to this Agreement will be brought exclusively in a federal or state court of competent jurisdiction sitting in the State of California, County of Los Angeles.
- 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.
- 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) Headings. The headings contained herein are for convenience only and shall have no legal or interpretive effect.
- g) Limitation. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Website or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. h) Other. We may assign our rights and duties under this Agreement to any party at any time without notice to you.