Website Terms of Use

Last Updated: November 5, 2020

Please review these Terms of Use and our Privacy Policy before using this website (the “Site”), and before using any services related to this website offered by us.

Binding Effect of These Terms

By accessing any part of the Site or any services provided by us (“Services”), both you and any entity for which you are an agent or you appear to represent (collectively, “you”, “your” or “user”), agree to abide by these Terms of Use, as they may be amended by us from time to time. It is your responsibility to review these Terms of Use, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of the Service and the Site. These Terms of Use in their current form will apply with respect to all access to our website, including any previous access.

By using the Site, you represent that you are at least 18 years old and that you are legally able to consent to these Terms of Use.

Compliance with Intellectual Property Laws

The Site is protected by U.S. and international copyright, trademark and other laws. You are prohibited from copying, downloading, or re-using any portions of the Site in violation of those rights. We reserve all intellectual property rights in any content you access or download from the Site. When accessing the Site, you agree to obey the law and to respect the intellectual property rights of others.

NO WARRANTIES REGARDING SITE, SERVICES OR CONTENT

The System is provided “AS IS” and “WITH ALL FAULTS”. No express warranties are given, and no affirmation of us, by words or action, will constitute a warranty. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE IS WITH YOU AS THE USER. SHOULD THE SYSTEM PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF NECESSARY REPAIR OR SERVICING. Without limiting the above, it is expressly stated that no warranties are made regarding the timeliness of a filed return or to the performance of the System or otherwise. This is an online system that requires the assistance of the Internet resources that may not be available with full or optimum functionality at all times. Therefore, the availability of the System may be interrupted by normal scheduled maintenance and by circumstances beyond our control. We expressly disclaim all warranties regarding the suitability, security, reliability, timeliness, and performance of the System and our services AND TO THE FULLEST EXTENT PERMITTED BY LAW, WE, AND OUR AFFILIATES AND THIRD PARTY PROVIDERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, AVAILABILITY OF TELECOMMUNICATION SERVICES, ACCESS TO THE SYSTEM AT ANY PARTICULAR TIME OR FROM ANY PARTICULAR LOCATION, OR THE ACCURACY, RELIABILITY, QUALITY OR CONTENT IN OR LINKED TO THE SYSTEM. WE DO NOT WARRANT THAT THE SYSTEM IS SECURE OR WILL BE FREE FROM BUGS, VIRUSES, OR ERRORS. IF THE EXCLUSION OF IMPLIED WARRANTIES DOES NOT APPLY TO YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO 90 DAYS FROM DATE OF FILING OF YOUR RETURN UNLESS A LONGER TIME PERIOD IS EXPRESSLY REQUIRED BY LAW. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SYSTEM WILL SATISFY OR ENSURE COMPLIANCE WITH ANY APPLICABLE LAWS OR LEGAL OBLIGATIONS

Errors And Inaccuracies

The Site may contain errors or inaccuracies and may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions and to change or update the Site at any time without prior notice. We do not guarantee that any errors, inaccuracies or omissions will be corrected, and we are not obligated to make such corrections.

Geographic and Quantity Limitations

This Site is accessible worldwide. However, not all services offered by us are available to all persons in all geographic areas. We reserve the right to limit our services to any person, geographic area, or jurisdiction.

Limited Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR AND OUR AFFILIATES AND PROVIDERS’ TOTAL LIABILITY FOR ALL CLAIMS RELATED TO THIS AGREEMENT FOR ANY CAUSE WHATSOEVER WILL IN NO EVENT EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY RECEIVED BY US FROM YOU DURING THE 12-MONTH PERIOD PRIOR TO ASSERTION OF THE CLAIM AT ISSUE. TO THE MAXIMUM EXTENT ALLOWABLE BY LAW, WE, AND OUR AFFILIATES AND PROVIDERS, ARE NOT LIABLE FOR ANY OF THE FOLLOWING: (A) SPECIAL, INDIRECT, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES; (B) PERSONAL INJURY, PROPERTY DAMAGE, DAMAGES RELATED TO LOSS OF BUSINESS OR PROFITS, BUSINESS INTERRUPTION, COST OF SUBSTITUTE GOODS, LOSS OR THEFT OF DATA; (C) FAILURES OF TELECOMMUNICATIONS, INTERNET ACCESS, ELECTRONIC COMMUNICATIONS, OR ACCESS TO THE SYSTEM FOR ANY REASON, OR CORRUPTION, SECURITY ISSUES, VIRUSES, SPYWARE, SYSTEM FAILURES, OR USE OF HARDWARE OR SOFTWARE THAT DOES NOT MEET THE SYSTEM REQUIREMENTS; OR (D) ANY COMBINATION OF THE ABOVE WHETHER BASED ON BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR ANY OTHER LEGAL THEORY. THE ABOVE EXCLUSIONS APPLY EVEN IF WE ARE AWARE, OR ANY OF OUR AFFILIATES, OR PROVIDERS ARE AWARE, OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT SETS FORTH OUR AND OUR AFFILIATES AND PROVIDERS’ ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDIES WITH RESPECT OUR SERVICES AND TO THE SYSTEM AND ITS USE. YOU ARE PRECLUDED FROM SEEKING ANY OTHER DAMAGES AGAINST US, OR OUR AFFILIATES, OR ANY THIRD PARTY PROVIDERS.

Affiliated Sites

We have no control over, and no liability for any third-party websites or materials. We work with a number of partners and affiliates whose Internet sites may be linked with this Site. Because we have no control over the content and performance of these partner and affiliate sites, we make no guarantees about the accuracy or quality of the information provided by such sites.

Prohibited Uses

We impose certain restrictions on your permissible use of the Site. You are prohibited from using the Site in violation of any of our policies or restrictions, from attempting to circumvent any security features of the Site, and from attempting to modify or disassemble the Site. You are prohibited from attempting to interfere with anyone else’s use of the Site.

Copyright

Severability; Waiver

If any provision in these Terms of Use is found to be unenforceable by any court or arbitrator, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any other breach, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

Arbitration; Waiver of Right to Assert Representative Claims

If any disputes arise involving your use of the Site, and the total amount of your individual claims in dispute is more than $10,000.00, the claim(s) shall be submitted to binding arbitration, as follows. The party who intends to seek arbitration must first send, by U.S. certified mail, a written notice of dispute to the other party. The notice must describe the nature and basis of the claim or dispute and set forth the specific relief sought. The parties then shall attempt in good faith to informally resolve the dispute. If no resolution is reached within 30 days after the notice is received, either party may commence an arbitration proceeding, in accordance with the Streamlined Arbitration Rules & Procedures of the Judicial Arbitration and Mediation Service (JAMS), available at www.jamsadr.com. The arbitration shall be conducted in Ventura County, California, before a single arbitrator. The fees of the arbitrator shall be shared equally between the parties unless otherwise required by arbitration rules or applicable law. The parties agree that, by assenting to this Agreement, they are each waiving the right to a trial by jury. Further, in consideration for your use of the System, you agree not to assert any claim as a class plaintiff or representative plaintiff or to participate, as a class member or otherwise, in any representative action against us. Nothing in this paragraph limits your rights to assert any individual claim in accordance with this Agreement. Except as otherwise provided, the state and federal courts for Ventura County, California, shall be the exclusive forums for any dispute arising out of or related to this Agreement. Each party agrees not to object to such courts on the grounds of lack of personal jurisdiction, improper venue or forum non conveniens.

This arbitration clause, in its current form, will apply to all disputes between the parties, including those arising from or related to past dealings between the parties except with respect to any disputes that the parties had actual notice of before the effective date of this clause in its current form.

California and US Law Apply To Any Disputes

This website is controlled and operated in the United States and in the State of California, and is not intended to subject us to the laws or jurisdiction of any state, country or territory other than the United States. We do not represent or warrant that the website or any part thereof is appropriate or available for use in any particular jurisdiction other than California. In choosing to access our website, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations.

Indemnification

To the fullest extent permitted by law, you agree to indemnify, defend, and hold us, and any of our officers, directors, owners, third party providers, employees, agents, affiliates, successors and assigns harmless from any and all claims, liabilities, demands, judgments, suits, actions, damages, losses, penalties, fines, costs, and expenses (including, but not limited to, reasonable attorney’s fees), (collectively referred to as “Claims”) brought by a third party arising out of or related to, either directly or indirectly, (1) your use of the System or our website, (2) your dealings with us, or (3) any breach by you of this Agreement, our Privacy Policy or Terms of Use, or (4) any combination of the above. Your indemnity obligations cover any Claims arising from or related to any request submitted to us, including without limitation, requests for disclosure or deletion of personal information, and any unauthorized access to our website or computer systems obtained or facilitated through your computer or other electronic device. We reserve the right to assume the defense and exclusive control of any Claims subject to indemnity and you agree to reasonably cooperate as requested in connection with the defense of any Claims.

Other Agreements

If you enter into any other agreement with us concerning the Site or the Services, and there is any conflict between the provisions in these Terms of Use and the provisions in any other agreement, then the latter will control.