Conditions Of Use
1. DISCRIPTION OF TDD SERVICE
The Tax Discharge Determinator (the "TDD") is a web-based service (the "Service") consisting of a website (the "Site") and an imbedded software program (the "Program"). The Site instructs the user how to obtain certain information from the Internal Revenue Service ("IRS") and how to use that information with the Program. The Service consists of providing the user with the earliest date that a particular income tax debt (related to that information) should be dischargeable in a bankruptcy filing.
Use of the Service is subject to the following Terms of Use ("TOU").
2. ACCEPTANCE OF TERMS
In order to use the TDD Service, you must first agree to the TOU. You may not use the TDD Service if you do not accept the TOU. You can accept the TOU by (i) clicking to accept or agree to the TOU, where this option is made available to you by TDD in the user interface for any TDD Service; or (ii) by actually using the TDD Service. In this case, you understand and agree that TDD will treat your use of the TDD Service as acceptance of the TOU from that point onwards. You may not use the Service and may not accept the TOU if (a) you are not of legal age to form a binding contract with TDD, or (b) you are a person barred from receiving the TDD Service under the laws of the United States. Before you continue, you should print or save a local copy of the TOU for your records.
Should you object to any term or condition of the TOU, any guidelines, or any subsequent modifications thereto, or become dissatisfied with TDD or the Service in any way, your only recourse is to immediately discontinue use of the Service. TDD has the right, but is not obligated, to strictly enforce the TOU through self-help, active investigation, litigation, and prosecution.
3. MODIFICATIONS TO THIS AGREEMENT
TDD reserves the right, at its sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes. You can find the most recent version of the TOU at: www.TaxDischargeDeterminator.com/Disclaimer.
4. COPYRIGHT/TRADEMARK
The trademarks, logos and service marks (collectively, the "Marks") displayed on the Site are the property of TDD and other parties. Users are prohibited from using any Marks for any purpose including, but not limited to, use as metatags on other pages or sites on the World Wide Web without the prior, express, written permission of TDD or such third party which may own the Marks. All information and content including any software programs available on or through the Site ("Content") is protected by copyright law. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes, without the prior, express, written permission of TDD or such third party which may own the copyright.
5. NO WARRANTIES
YOU AGREE THAT USE OF THE SERVICE, THE SITE, AND THE PROGRAM, IS ENTIRELY AT YOUR OWN RISK. THE TDD SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, TDD DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE TAX DISCHARGE DERTMINATOR SITE AND THE TDD SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, TDD DISCLAIMS ANY WARRANTIES FOR OTHER TDD SERVICES OR ON THE TDD SITE OR in the program, OR ACCESSED THROUGH ANY LINKS ON THE SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, TDD DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE PROGRAM, THE SITE, OR THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, SOME OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU INSOFAR AS THEY RELATE TO IMPLIED WARRANTIES.
6. LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL TDD (OR ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, AGENTS, CONTRACTORS, CREATORS, OR PROGRAMMERS (THE "TDD OPERATORS")) BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF TDD (OR THE TDD OPERATORS) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE SERVICE, THE SITE OR THE PROGRAM, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SERVICE, THE SITE OR THE PROGRAM, FROM INABILITY TO USE THE SERVICE, THE SITE OR THE PROGRAM, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SERVICE, THE SITE OR THE PROGRAM.
SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SERVICE, the SITE OR THE program OR ANY LINKS ON THE SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SERVICE, the SITE OR THE program OR ANY LINKS ON THE SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IN SOME JURISDICTIONS, LIMITATIONS OF LIABILITY ARE NOT PERMITTED. IN SUCH JURISDICTIONS, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
7. INDEMNITY
You agree to indemnify and hold TDD (and the TDD Operators), its providers, suppliers and employees, harmless from any claim or demand, including reasonable attorneys’ and paralegals’ fees and court costs, made by any third party due to or arising out of information you submit to the Program when using the Service, or advice made available through the Service or the Site or the Program, your use of the Service, your violation of the TOU, your breach of any of the representations and warranties herein, or your violation of any rights of another.
8. JURISDICTION/GOVERNING LAW/VENUE
Users of this Site agree to submit to the laws of the State of Florida, USA and applicable federal law without regard to conflicts of laws principles. Venue shall be limited to the state and federal courts for and in Pinellas County, Florida.
