Assent to Terms & Amendments TAXPRO SECURITY, along with its successors, assigns, subsidiaries, affiliates, officers, employees, agents, partners and licensors/licensees (collectively “we” or “us” or “our”), provide the TAXPRO SECURITY Service (as defined below) to you subject to the following terms of service (these “TERMS”), which you acknowledge, agree to and consent to by using the Service. These TERMS include the Service PRIVACY POLICY, available at https://taxprosecurity.com, which is hereby incorporated by reference. These TERMS may be amended by TAXPRO SECURITY from time to time at its sole discretion. Upon amendment, we will post a notice on our homepage. Please periodically review the controlling version of these TERMS. By continuing to use the Service subsequent to TAXPRO SECURITY making available an amended version of these TERMS, you thereby acknowledge, agree and consent to such amendment. YOU CONSENT TO ENTERING THESE TERMS ELECTRONICALLY BY MEANS OF ELECTRONIC SIGNATURE, AND TO TAXPRO SECURITY STORING RECORDS RELATED TO YOUR CONTRACTS WITH TAXPRO SECURITY IN ELECTRONIC FORM. When using the Service, you shall be subject to any posted rules or policies, which may be posted from time to time by TAXPRO SECURITY. Such rules and policies are hereby incorporated by reference into these TERMS. TAXPRO SECURITY may also offer other services that are governed by different terms of service. Please be aware that you must be at least 18 years of age to access and use the Service. If you are not at least 18 years of age, please do not attempt to access the Service again until you reach the age of 18. You also represent that you are not a person barred from receiving services under the laws of the United States or other applicable jurisdictions.
Service Description Taxprosecurity.com is helps companies comply with cybersecurity requirements by providing a central location to manage their security program. In order to make the Service possible, TAXPRO SECURITY provides users with access to communications tools, which may heretofore or hereafter be accessed through any medium or device now known or hereafter devised, including but not limited to websites, software and applications that deliver information through a network of properties (the “Service”). The Service may include advertisements and certain other communications, including without limitation promotional marketing emails. When you complete the Service’s registration process, you are indicating that you wish to receive such communications. If you do not wish to receive promotional marketing communications from TAXPRO SECURITY, please send an email to [email protected], or click the “unsubscribe” link on the emails we send you. Unless explicitly stated otherwise, any new tools that alter or improve the current Service shall be subject to these TERMS.
Username & Password You may browse the Service without registering. However, in order to access some portions and features of the Service, you must create a “username” and complete the Service’s registration process. If you do so, you agree to provide accurate, current and complete information about yourself (the “Information”) as prompted by the Service’s registration forms. You also agree to timely update the Information to keep it true, accurate, current and complete. You are responsible for maintaining the confidentiality of the password and username, and are fully responsible for all activities that occur under your password or username. Please immediately notify TAXPRO SECURITY of any unauthorized use of your password or username or any other breach of security by contacting us at [email protected].
Content Submitted by Users You understand that all Information, data, or content of any kind Posted (i.e., uploaded, posted, made available, sent, shared, communicated or transmitted) by you or another user to or through the Service (“Content”) is the sole responsibility of the person from whom such Content originated. TAXPRO SECURITY does not control such Content and does not make any guarantee whatsoever related to such Content. Although TAXPRO SECURITY reviews Content, we are not obligated to do so. By using the Service, you may be exposed to Content, as well as material Posted to or through the Service by TAXPRO SECURITY, that is offensive, indecent or objectionable. Under no circumstances will we be liable or responsible in any way for any claim related to such Content or material. For all content determined by TAXPRO SECURITY to be publicly available or non-sensitive: you grant TAXPRO SECURITY a royalty-free, irrevocable, transferrable, sublicensable and non-exclusive perpetual license throughout the universe for use in any and all media whether now known or hereafter devised to use and exploit (including without limitation by reproduction, distribution, public display, adaptation and/or public performance) any and all Content that you Post to or through the Service, including without limitation for commercial purposes. You also waive all moral rights in relation to such Content. If any of the Content that you Post to or through the Service contains ideas, suggestions, documents, and/or proposals to TAXPRO SECURITY, we will have no obligation of confidentiality, express or implied, with respect to such Content, and TAXPRO SECURITY shall be entitled to use, exploit or disclose (or choose not to use or disclose) such Content at its sole discretion without any obligation of TAXPRO SECURITY to you whatsoever (i.e., you will not be entitled to any compensation or reimbursement of any kind from TAXPRO SECURITY under any circumstances).
Procedure for Making Claims of Copyright Infringement TAXPRO SECURITY has adopted the following policy, in compliance with the Digital Millennium Copyright Act (“DMCA”), to enable, at TAXPRO SECURITY’S sole discretion, the expeditious removal of infringing material and the termination of the usernames and access of users who qualify as repeat infringers. Notification of Copyright Infringement Procedures Policy If you have a good faith belief that your copyright is being infringed by any material on the website, please send a Notice of Claimed Infringement, including the information listed below, to TAXPRO SECURITY’S Designated Copyright Agent:
To ensure compliance with DMCA guidelines, the Notice of Claimed Infringement must conform to the following requirements:
Please note that under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages. Additionally, please also note that information provided in this legal notice may be forwarded to the person who provided the allegedly infringing content.
Counter-Notification Procedures Policy TAXPRO SECURITY has also instituted a Counter-Notification policy designed to enable, at TAXPRO SECURITY’S sole discretion, the prompt replacement of material that is removed in response to a Notice of Claimed Infringement as a result of a mistake or misidentification. Please make sure that any Counter-Notification you send to TAXPRO SECURITY’S Designated Copyright Agent, identified above, includes all of the following information:
TAXPRO SECURITY can only accept a Counter-Notification directly from the user whose account content has been disabled. For verification, TAXPRO SECURITY requires that Counter-Notifications be submitted from the email address associated with the account. After TAXPRO SECURITY receives your Counter-Notification, we will forward it to the party who submitted the original Notice of Claimed Infringement. Please note that when we forward the Counter-Notification, it includes your personal information. By submitting a Counter-Notification, you consent to having your information revealed in this way. We will not forward the Counter-Notification to any party other than the original claimant. After TAXPRO SECURITY sends out the Counter-Notification, the claimant must then notify us within ten (10) business days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on TAXPRO SECURITY. If we receive such notification we will be unable to restore the material. If we do not receive such notification, we may reinstate the material.
Procedure for Making Non-Copyright Complaints If you believe that your rights, or the rights of a third party, are being violated in any way by any material on the Service, please contact us at: [email protected]. We will work to prevent unlawful activity from taking place on or through the Service.
Our Intellectual Property TAXPRO SECURITY and its associated logos are our trademarks and/or service marks. Other trademarks, service marks and logos used on or through the Service are the trademarks, service marks or logos of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks, service marks or logos. Certain materials available on or through the Service are our works (i.e., content we created, purchased or licensed) (the “Works”). Our Works may be protected by copyright, trademark, patent, trade secret and/or other laws, and we reserve and retain all rights in our content and the Service. We hereby grant you a royalty-free, limited, revocable, non-sublicensable, and non-exclusive license to reproduce our Works solely for your personal use in connection with using the Service. This license is conditioned on your compliance with these TERMS, and shall terminate upon termination of these TERMS. To the extent that you come into possession of copies of software, applications, or other copyrighted works by or through your use of the Service, you shall not own those copies or any copyright rights in or related to the Works embodied in those copies. TAXPRO SECURITY hereby reserves to itself all such ownership rights. You shall not reverse engineer or otherwise adapt any software, applications or other copyrighted works that you come into possession of by or through your use of the Service. You shall not rent, lend, sell, gift or otherwise transfer possession of any software, applications or other copyrighted works that you come into possession of by or through your use of the Service.
Prohibited Conduct You will not use the Service to:
Our Conduct TAXPRO SECURITY shall not be responsible or liable to you for any loss or damage of any sort incurred as the result of the following:
Indemnification You will indemnify and hold TAXPRO SECURITY harmless from any claim or demand, including but not limited to reasonable attorneys’ fees and costs, made by any third party due to or arising out of Content you Post to or through the Service, your use of the Service, your connection to the Service, or your violation of these TERMS. You will cooperate as fully as reasonably required in the defense of any such claim. TAXPRO SECURITY reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any matter without the written consent of TAXPRO SECURITY.
Disclaimers
Limitation of Liability TAXPRO SECURITY SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (1) THE USE OR THE INABILITY TO USE THE SERVICE; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, DATA OR INFORMATION; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (5) ANY OTHER MATTER RELATING TO THE SERVICE.
Jurisdictional Restrictions IN SOME JURISDICTIONS, CERTAIN LIMITATIONS OF LIABILITY AND DISCLAIMERS RELATED TO WARRANTIES CONTAINED HEREIN MAY NOT APPLY TO YOU.
Release If you have a dispute with one or more users of the Service, you release TAXPRO SECURITY from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute. You also waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” You also waive any and all benefits and rights that would otherwise accrue to you by reason of the provisions of any federal or state statute or principle of common law of any state of the United States, or any political entity or nation, province or local law or regulation that may govern this release, which statute, regulation, law or principle provides in substance something similar to California Civil Code § 1542.
Notice TAXPRO SECURITY will provide any notice to you at the email address you provide upon creating a username or by other reasonable means now known or hereafter devised, including without limitation posting notice on the Service homepage. You will provide any notice to TAXPRO SECURITY in writing at the following email address: [email protected].
Governing Law These TERMS and the relationship between you and TAXPRO SECURITY shall be governed by the laws of the State of Maryland as an agreement wholly performed therein without regard to its conflict of law provisions. Any dispute relating in any way to your visit to the Service shall be submitted to confidential arbitration in Washington, D.C., except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of Maryland, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these TERMS shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these TERMS shall be joined to an arbitration involving any other party subject to these TERMS, whether through class arbitration proceedings or otherwise. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Service or these TERMS must be filed within one year after such claim or cause of action arose or be forever barred. Any claim by you that may arise in connection with these TERMS will be compensable by monetary damages and you will in no event be entitled to injunctive or other equitable relief.
Miscellaneous These TERMS constitute the entire agreement between you and TAXPRO SECURITY, and govern your use of the Service. These TERMS supersede any prior agreements between you and TAXPRO SECURITY with respect to the Service. You also may be subject to additional Terms and conditions that may apply when you use or purchase certain other TAXPRO SECURITY services, affiliate services, or third-party services. These TERMS are fully assignable by TAXPRO SECURITY and will be binding upon and inure to the benefit of our successors and assigns. Except as otherwise expressly provided in these TERMS, there shall be no third-party beneficiaries to this agreement. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. The failure of TAXPRO SECURITY to exercise or enforce any right or provision of these TERMS shall not constitute a waiver of such right or provision. Any waiver of any right or provision of these TERMS must be in writing. If any provision of these TERMS is found by a court of competent jurisdiction to be invalid, the court should nevertheless endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these TERMS remain in full force and effect. The headings in these TERMS are for convenience only and have no legal or contractual effect. Either party may terminate these TERMS for any or no reason at any time by notifying the other party. However, if you access the Service after terminating these TERMS, you will acknowledge, agree and consent to the version of these TERMS controlling at that time. Upon termination by either party, the following paragraphs will survive: (1) OUR INTELLECTUAL PROPERTY; (2) CONTENT SUBMITTED BY USERS; (3) OUR CONDUCT; (4) INDEMNIFICATION; (5) DISCLAIMERS; (6) LIMITATION OF LIABILITY; (7) RELEASE; (8) GOVERNING LAW and (9) MISCELLANEOUS.