TERMS & CONDITIONS
These Terms apply to Customer (also referred to as “You”), Customer’s employees (“Employee Users”) and third party users (“Third Party Users”) (collectively “Users”) utilizing Customer’s Account (as hereinafter defined).
BY COMPLETING THE REGISTRATION PROCESS, YOU REPRESENT AND WARRANT THAT YOU:
(i) ARE 18 YEARS OF AGE OR OLDER;
(ii) HAVE THE AUTHORITY TO, OR ARE AUTHORIZED TO BIND CUSTOMER TO THESE TERMS AND CONDITIONS; AND
(iii) HAVE READ, UNDERSTAND AND AGREE ON BEHALF OF CUSTOMER TO BE BOUND BY THESE TERMS AND CONDITIONS.
Description of Service The Service is an Internet-based data storage and transfer the Tax Documents to the Customer service. Landers Tax Service is constantly innovating the Service in order to provide its customers with the best possible experience, and Landers Tax Service reserves the right to update the Service at is discretion and to add or delete features, from time to time. Unless otherwise specified, the Service is provided on a subscription basis and does not constitute the license of any software.
All services are subject to the terms of this Agreement or another agreement specific to those additional services.
From time to time, Landers Tax Service may offer certain trial and/or promotional offers. Landers Tax Service reserves the right to discontinue or modify coupons, credits and promotional offers at our discretion and without notice.
Incomplete Signup Emails If You begin the registration process for Services but fail to complete the process, Landers Tax Service may contact You in an effort to successfully guide you through this process. You hereby authorize Landers Tax Service to make such contact, even if You ultimately determine not to register for Services.
User Accounts and Responsibilities A User Account is required for an individual to access and utilize the Service under your Customer Account. To establish a User Account, the User (or the Customer on behalf of User) must complete a registration process by providing Landers Tax Service with current, complete and accurate information as prompted by the registration form. In registering Users for the Service, Customer agrees that it and its Users will submit accurate, current and complete information and promptly update such information as appropriate. Should Landers Tax Service suspect that any User information is not accurate, current or complete, Landers Tax Service reserves the right to suspend or terminate the Customer’s and/or the User’s usage of the Service. Each User must choose a personal, non-transferable password. User accounts cannot be shared or used by more than one individual.
You are solely responsible for any and all activities that occur under your Customer Account, including ensuring that you and all Users exit or log-off from the Service at the end of each session of use and ensuring that you and your Users have all necessary rights in and to the Data submitted to the Service under your Customer Account. You shall notify Landers Tax Service immediately of any unauthorized use of your Customer Account or any User password or any other breach of security that is known or suspected by you. Customer agrees to indemnify and hold Landers Tax Service harmless against any claim and/or liability resulting from Customer’s failure to comply with the responsibilities set forth in this Section.
Uploaded Data Customer retains all rights to any and all of Customer’s or its Users’ Uploaded Data. Landers Tax Service shall not own or license any data, content, information or material that you or your Users include in Uploaded Data and submit to the Service. Landers Tax Service will not monitor, edit or disclose any information regarding You or your Customer Account, including any Uploaded Data, without your prior permission, except as permitted by this Agreement or as required by applicable law. Landers Tax Service may access your account, including Uploaded Data, to respond to service or technical problems or as stated in this Agreement or required by applicable law. You, not Landers Tax Service, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness and copyright of all Uploaded Data, and Landers Tax Service shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Uploaded Data.
Customer agrees, on behalf of itself and its Users, not to use the Service
(a) in connection with sending unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of duplicative or unsolicited messages, whether commercial or otherwise;
(b) to harvest, collect, gather or assemble information or data regarding other users, including email addresses, without their consent;
(c) to transmit through or post on the Service unlawful, harassing, libelous, abusive, harassing, fraudulent, tortious, defamatory, threatening, harmful, abusive, libelous, invasive of another’s privacy, vulgar, obscene or otherwise objectionable material of any kind or nature or material which is harmful to minors in any way;
(d) to transmit through or post on the Service any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright or right of publicity;
(e) transmit any material that contains software viruses or other harmful or deleterious computer code, files or programs such as trojan horses, worms, time bombs, cancelbots;
(f) to interfere with or disrupt servers or networks connected to the Service or violate the regulations, policies or procedures of such networks;
(g) to attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service through password mining or any other means;
(h) to harass or interfere with another user’s use and enjoyment of the Service;
(i) to submit to or store in the Service any Protected Health Information unless the Customer has informed Landers Tax Service in advance and executed a Business Associate Agreement in the form determined by Landers Tax Service, or
(j) to make any representations with respect to Landers Tax Service or this Agreement (including, without limitation, that Landers Tax Service is a warrant-or or co-seller of any of Customer’s products and/or services). However, Landers Tax Service reserves the right at all times to access, acquire, use, delete, monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, and such action is considered to be authorized by You.
Disclaimer of Warranties THE SERVICES ARE PROVIDED BY Landers Tax Service ON AN “AS IS” BASIS. Tax DropBox DOES NOT REPRESENT OR WARRANT THAT: (I) THE USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (II) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (III) ERRORS OR DEFECTS WILL BE CORRECTED. ALL OTHER CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY Tax DropBox.
Limitation of Liability IN NO EVENT SHALL Landers Tax Service AGGREGATE LIABILITY UNDER THIS AGREEMENT EXCEED THE AMOUNT ACTUALLY PAID BY THE CUSTOMER TO Landers Tax Service IN THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL Landers Tax Service BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICE, INCLUDING BUT NOT LIMITED TO YOUR USE OR INABILITY TO USE THE SERVICE OR FOR ANY DATA OBTAINED FROM OR THROUGH THE SERVICE, EVEN IF Landers Tax Service HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE EXCLUSIONS ABOVE MAY NOT APPLY TO YOU.
Compliance with Laws Customer and all Users agree to comply with all applicable local, state, national and foreign laws, rules and regulations in connection with their access and/or use of the Services under this Agreement. Customer shall comply with all legal duties applicable to Customer as a data controller by virtue of Customer submitting Uploaded Data to or storing Uploaded Data within the Service. Specifically, Customer shall provide the relevant persons and/or participants with all information or notices Customer is required by applicable privacy and data protection law to provide and, if necessary, obtain the consent of or provide choices to such persons and/or participants as required by such laws.
COPYRIGHT COMPLAINTS AND REMOVAL POLICY Landers Tax Service reserves the right to delete or disable the accounts of Users who we believe to be infringing the intellectual property rights of others and to remove any such infringing materials. If you believe the Services have been used in a way that constitutes copyright infringement, please send a message to our Copyright Agent, providing all of the following information, as required by the Digital Millennium Copyright Act: A statement that you have identified content on the Service that infringes a copyright you own or the copyright of a third party for whom you are authorized to act; A description of the copyrighted work you claim has been infringed; A specific description of where the allegedly infringing material is located on the Services, including a URL or exact description of the content’s location; Your full name, address, telephone number and email address; A statement that you have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use); A statement that, under penalty of perjury, the information in your notice is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; and Your electronic or physical signature (e.g., a scanned copy). Please send your notice by email or regular mail to: Attn: DMCA Copyright Agent
Landers Tax Service Inc.
1350 Wooten Lake Rd Ste 209
Kennesaw Ga 30144
Phone: (404) 398-9093
Email: firstname.lastname@example.org Landers Tax Service also reserves the right to forward the information in the copyright-infringement notice to the User who allegedly provided the infringing content.
Export Restrictions Landers Tax Service controls and operates the Service from its location in the United States using servers in the U.S. and other countries. As a U.S. company, Landers Tax Service and its Services are subject to the U.S. economic sanctions and export control laws and regulations. Landers Tax Service makes no representation that the Service is appropriate or available for use in other locations. By using the Service outside of the U.S., you agree that you are solely responsible for compliance with all applicable laws, including without limitation export and import regulations of the U.S. and other countries. You further agree that no information or data acquired through the use of the Service is or will be acquired for, shipped, transferred, exported or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor is or will be used for nuclear activities, chemical biological weapons or missile projects, unless specifically authorized by the U.S. Government for such purposes. You further acknowledge that Uploaded Data may be stored on or routed through servers located outside the United States. You shall comply strictly with all U.S. export control and economic sanctions laws and regulations (including, without limitation, the U.S. International Traffic in Arms Regulations, the U.S. Export Administration Regulations and regulations administered by the Department of the Treasury’s Office of Foreign Assets Control) applicable to transfers of such Uploaded Data and assume sole responsibility for obtaining licenses to export or re-export as may be required. Landers Tax Service shall have no liability for your failure to comply with such laws, regulations, licenses or other authorizations in relation to the Service and/or the Uploaded Data. Notwithstanding any other provision in this Agreement, Landers Tax Service shall have the right to terminate this Agreement immediately upon the determination by Landers Tax Service that Customer is not in compliance with US export laws or violates any government privacy and/or data protection laws.
Third Party Interaction; Links to Third Party Sites In connection with your use of the Service, You may enter into correspondence with, purchase goods and/or services from, or participate in promotions of advertisers or sponsors showing their goods and/or services through the Service. Any such activity and any terms, conditions, warranties or representations associated with such activity, are solely between You and the applicable third party. Landers Tax Service shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between You and any such third-party.
Landers Tax Service does not endorse any sites on the Internet that are linked through the Service. Landers Tax Service is providing these links to You only as a matter of convenience, and in no event shall Landers Tax Service be responsible for any content, products or other materials on or available from such sites.
Customer may not assign its rights or delegate its duties under this Agreement either in whole or in part, and any such attempted assignment or delegation shall be void.
For all purposes of this Agreement and the operation of the Service, Landers Tax Service shall be entitled to rely on its reasonable and good faith determination of an individual’s or administrator’s authority to act on behalf of Customer.
Neither party will be responsible for any delay, interruption or other failure to perform under this Agreement due to acts beyond its reasonable control, but only for so long as such conditions persist. Force majeure events include, but are not limited to: natural disasters (e.g., lightning, earthquakes, hurricanes, floods); wars, riots, terrorist activities and civil commotions; activities of local exchange carriers, telephone carriers, wireless carriers, Internet service providers and other third parties; explosions and fires; embargoes, strikes and labor disputes; governmental decrees; and any other cause beyond the reasonable control of a party.
If at any time continued provision of the Service would compromise the security of the Service due, without limitation, to hacking attempts, denial of service attacks, mail bombs or other malicious activities, Customer agrees Landers Tax Service may temporarily suspend the Service.
Landers Tax Service may provide Customer with notice via e-mail, regular mail and/or postings on the Landers Tax Service website.
The failure of a party or Landers Tax Service in any one or more instance(s) to insist upon strict performance of any of the terms of this Agreement will not be construed as a waiver or relinquishment of the right to assert or rely upon any such term(s) on any future occasion(s).
If any provision of this Agreement is declared by a court of competent jurisdiction to be invalid, illegal or unenforceable, such provision shall be severed from this Agreement, and the other provisions shall remain in full force and effect. In this case, the parties agree to comply with the remaining terms of this Agreement in a manner consistent with the original intent of the Agreement.
Captions and headings are used herein for convenience only. Captions and headings are not a part of this Agreement and shall not be used in interpreting or construing this Agreement.
The English language version of this Agreement shall be the controlling version and is incorporated by reference into any translation of this Agreement. Any translation or other language version of this Agreement shall be provided for informational purposes only.
Pronouns contained in this Agreement shall apply equally to the feminine, neuter and masculine genders. The singular shall include the plural, and the plural shall include the singular.
Definitions For purposes of this Agreement:
“Agreement” means these Terms of Service as may be amended from time to time and any other documents incorporated by reference.
“Customer” means the legal entity or individual that enters into this Agreement. Customer is also referred to in this Agreement as “You”.
“Customer Account” means a storage account for the use of the Service assigned to a Customer.
“Effective Date” means the date of electronic acceptance of this Agreement by Customer.
“Protected Health Information (PHI)” has the definition set forth in the Standards for Privacy of Individually Identifiable Health Information at 45 CFR Parts 160 and 164, Subparts A and E, as amended from time to time.
“Uploaded Data” means any files and data that Customer or User uploads into Customer Account for storage or transfer to third parties, but not any other data, including, without limitation, registration and relationship information that Landers Tax Service collects to do business with Customer and to improve the Service.
“User Account” means an individual’s account for use of the Service that is affiliated with a Customer Account.
What information does Landers Tax Service obtain and how is it used? PERSONAL INFORMATION: We collect personal information from users through our Site, including first and last names, email address, billing contact information, credit card number and a password. When a user registers online we need to obtain the needed information for tax filing purposes and to setup your account.
Your email address may be used to send you periodic product newsletters, offers and usage tips from Landers Tax Service. You can opt out of promotional emails at any time, but will still receive communications such as receipts, confirmation emails and customer service updates that are considered necessary to provide the service to you. We use the information collected to deliver and improve services, process payments, update our records, communicate with you about products, updates and services, personalize and improve your experience, and generally maintain your accounts with us. We will retain your information for as long as your account is active, as needed to provide you services, to communicate with you about services and products, to comply with our legal obligations, resolve disputes, and enforce our agreements. If you wish to cancel your account or request that we no longer use your information to provide you services or communicate with you, contact us at email@example.com
SESSION RECORDS: To maintain our quality of service and to assist in the analysis of product performance, we may also gather data on connection information, including the timing and size of all packets sent over the Internet during a session.
SECURITY INFORMATION: Landers Tax Service may also collects certain standard information about your computer for security and identification purposes. This information may include: IP addresses, domain names, access times, browser type and browser version, cookies, and other unique identifying information of machines that have our software downloaded and installed on them. This information is used for the operation of the service, to identify and protect our customers and to control unauthorized use or abuse of our services. All information is encrypted during transmission and is stored securely within our servers.
SURVEYS: In addition to required member information, we may conduct surveys and ask users to volunteer demographic information to be used on an aggregate basis for internal market research, presentation to advertisers and joint research projects with outside companies involved in product development. We use such information to better focus our product and personalize the scope of services offered to each individual user.
Local shared objects, also known as Flash cookies, may be used by third parties for some of our product training videos. These cookies are used to store preferences for the videos such as volume control. Flash cookies are not used to back up, recreate, or re-spawn a browser cookie that a user may delete. Flash cookies are different from browser cookies because of the amount of and type of data stored, as well as the way that data is stored. Cookie management tools provided by your browser will not remove Flash cookies. To learn how to manage privacy and storage settings for Flash cookies please click here.
You can use your browser settings to instruct your browser to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies you may not be able to use all portions of the Site or all of the functionalities of the Landers Tax Service products and services. You can still review the Site if you choose to set your browser to refuse all cookies; however, session cookies must be enabled to establish an account and to download and install any of our software.
Landers Tax Service may also partners with select marketing companies and affiliates to help us track the effectiveness of our Site, generate visitor traffic and manage our advertising on other sites. When a third party refers a visitor to us from any other site, they set a web beacon and a cookie on our Site. An ad ID and a partner ID are stored in the cookie, but no personal information specific to the actual visitor is stored. Landers Tax Service does not see the cookie. We only include the web beacon on our page, which results in a request to the partner’s servers from the customer’s browser. We have no control over their use of tracking technologies after they are placed on our Site. These third parties may use this information to deliver targeted advertising to you on other websites you visit. If you wish to not have this information used for the purpose of serving you targeted ads, you may opt-out by clicking here. Please note this does not opt you out of being served advertising. You will continue to receive generic ads.
ANALYTICS: We continuously improve our Site, our products and we utilize different third party analytical tools to help us do so. We are interested in how visitors use our Site, our desktop tools, and our mobile applications and what they like and dislike, and where they have problems. Our products, desktop tools and mobile applications use analytical tools to understand feature usage patterns, to enhance and improve your product experience and offer you specific Landers Tax Service usage tips and guidance. To increase functionality and enhance your user experience, this usage information may be linked to personal information that we have about individual users. We maintain ownership of this data and we do not share this type of data about individual users with third parties.
Our mobile applications also use analytical tools to help gather non-personally identifiable data about download and application usage. In our use of mobile applications we may utilize GeoLocation data, but only if you specifically opt-in to collection of such data in connection with a particular service. We may use information such as IP addresses to determine the general geographic areas of our visitors, but this information is not correlated to personal information about individual users. The web beacons used in connection with our web analytics services do not share any personal information about our Site or our visitors with third parties. These tools may gather data such as what browser a person uses, what operating systems are used, what is downloaded, and what content, products and services are reviewed when visiting or registering for services on our Site or mobile applications. This information is used solely to assist Landers Tax Service in maintaining a more effective and useful Site for our customers.
We, or our third-party service providers acting on our behalf, collect and track information including aggregate traffic patterns, domain names, browser types, MIME types and web pages visited before coming to our Site. To increase functionality and enhance your user experience, this information may sometimes be correlated with personal information about individual users.
We may use information we obtain through the Site and our products in other ways for which we provide specific notice at the time of collection.
With whom does Landers Tax Service share the information? Your privacy is important to us. We do not sell or otherwise disclose your personal information we obtain through the Site to third parties, except as described here.
We reserve the right to transfer any information we have about you in the event we sell or transfer all or a portion of our business or assets (including in the event of a reorganization, dissolution or liquidation).
PARTNERS: In some cases we provide services or sell product lines jointly with other businesses. For these co-branded offerings in which a third party is involved in your transactions, we will sometimes share or jointly collect customer information related to those transactions with that third party. On the co-branded registration pages we will state who is collecting or receiving the information and whose privacy statement governs its use so that you will know at the time you create your account how your information will be used. If you are registered with Landers Tax Service through a partnership and you request to opt out of receiving promotional emails, in order to comply with the provisions in the CAN-SPAM Act, we will also provide your email address to that partner so that they may also discontinue sending you messages on behalf of Landers Tax Service.
AFFILIATES: We may sometimes share or jointly collect information with our affiliated entities including our parent entity and the subsidiaries and divisions of our parent entity.
We reserve the right to disclose your personal information as required by law or legal process, in response to a request by law enforcement authorities, when we believe that disclosure is necessary or appropriate to protect our rights or to prevent physical harm or financial loss, or in connection with an investigation of suspected or actual illegal activity.
Links to other sites: This Site may contain links to other websites that are not owned or controlled by Tax DropBox. The linked websites may have their own privacy policies which we strongly suggest you review. To the extent such websites are not owned or controlled by Tax DropBox, we are not responsible for the websites’ content or privacy practices, or for any use of the websites.
How can I review, correct and update my personal information? If you wish to change or review your personal information, go to the “My Settings” portion of your account, or contact us by email at firstname.lastname@example.org or by calling 1-404-398-9093 .
To request the deletion of your information, please contact us as indicated above.
We will respond to all deletion requests within 30 days.
How can I opt out of Landers Tax Service collection, use and distribution of my information? If you no longer wish to receive our electronic newsletters or promotional communications, you may opt out of receiving them by following the unsubscribe instructions provided in the email message you received. You also may contact us by email at email@example.com or by calling 1-404-398-9093.
Users who would like to deactivate their account can contact us at firstname.lastname@example.org for assistance.
How does Landers Tax Service protect my information from loss, misuse or alteration? Landers Tax Service uses industry-standard administrative, technical and physical safeguards to protect against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use of your personal information. When you enter sensitive information (such as a credit card number) on our order forms, we encrypt the transmission of that information using secure socket layer technology (SSL). Please note that no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee its absolute security.
Who can I ask if I have additional questions? For additional inquiries about the privacy of your information, you can contact Landers tax Service via email at email@example.com, by calling 1-404-398-9093.
Notification of Privacy Statement Changes We may update this privacy statement to reflect changes to our information practices. If we make any material changes we will notify you by email (sent to the email address specified in your account) or by means of a notice on this Site prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.