TAX SQUEAL AGREEMENT

TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY! DESCRIBED BELOW ARE YOUR RIGHTS AND RESPONSIBILITIES AND THEY CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND TAX SQUEAL, LLC REGARDING YOUR USE OF OUR INTERNET WEBSITE SERVICE WWW.TAXSQUEAL.COM.  BY USING THE SERVICE, INCLUDING VIEWING CONTENT, YOU AS AN INDIVIDUAL AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT BETWEEN YOU AND TAX SQUEAL, LLC. YOUR ACCESS TO AND USE OF WWW.TAXSQUEAL.COM IS EXPRESSLY CONDITIONED ON YOUR COMPLIANCE WITH THESE TERMS AND CONDITIONS.

These are official terms and conditions (“Terms of Use”) and form a legally binding agreement between you and TAX SQUEAL, LLC (“TAX SQUEAL”, “we”, “us”, or “our”) regarding your use of TAX SQUEAL’s internet web site located at http://www.taxsqueal.com (the “Site”), as well as the associated services, features and functions made available by TAX SQUEAL and this Site (individually and collectively, the “TAX SQUEAL Services”). The term “TAX SQUEAL Services” also includes any and all branded, equivalent, mirror, replacement, substitute or backup websites and web pages and those containing authorized content owned by TAX SQUEAL. This Agreement includes TAX SQUEAL’s policy for acceptable use of TAX SQUEAL Services and content posted on the Site, your rights, obligations and restrictions regarding your use of TAX SQUEAL Services and TAX SQUEAL’s Privacy Policy.
TERMS OF SERVICE:
TAX SQUEAL Services are offered and made available only to users 13 years of age or older – TAX SQUEAL Services is not intended for children under 13. Your access to TAX SQUEAL Services may be terminated without warning, if we believe, in our sole discretion, that you are less than 13 years of age.  If you are between the ages of 13 and 18, you are confirming to us that you have received your parent’s/guardian’s express consent to do so and that your parent/guardian (i) has read and, on your behalf, agrees to be bound by these Terms of Use, (ii) is not a minor and is entering into this Agreement on behalf of you, the minor and (iii) understands, agrees and shall be fully responsible for you, their minor’s, use of the TAX SQUEAL Services. If your parent or legal guardian does not agree to (or cannot comply with) these or any of the other terms and conditions in these Terms of Use or he or she does not wish you to register for the TAX SQUEAL Services, do click the “I Accept” box and do not use or attempt to use the TAX SQUEAL Services. If for any reason and at any time, you do not agree with all of the terms and conditions contained in these Terms of Use, please do not use TAX SQUEAL Services. Use of TAX SQUEAL Services is void where prohibited.

By using TAX SQUEAL Services, you understand, acknowledge and agree to be bound by the Agreement and that you will abide by the terms and conditions of our Agreement with you, whether you are a “Guest”, meaning that you simply browse the Site or you are a “Contributor” meaning that you have submitted information to TAX SQUEAL. The term “User” refers to a Guest or a Contributor.  When we use the term “Agreement” we are referring to these Terms of Use, as well as any additional terms and conditions that apply to and govern your use of Content, Postings, and Communities, (all as defined below), any features, functions and services we make available to you from time to time through our TAX SQUEAL Services, any official rules which apply to your participation in promotions, e-mail and/or newsletters (“Rules”) and any additional terms and conditions referred to in any of the foregoing documents.  These Terms of Use and our use of the term “Agreement” also includes our Privacy Policy which can be viewed at  http://taxsqueal.com/TaxSquealPrivacyPolicy.aspx All of these are hereby incorporated into our Agreement with you by this reference and this Agreement will remain in full force and effect as long as you are a User of TAX SQUEAL Services, even if your use of or participation in any particular service, feature, function or activity terminates, expires, ceases, is suspended or deactivated for any reason.

The words “use” or “using” in this Agreement, means any time a User, directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with, use, display, view, print or copy from TAX SQUEAL Services, transmit, receive or exchange data or communicate with the TAX SQUEAL Services, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of the TAX SQUEAL Services, for any purpose whatsoever. This Agreement does not cover your rights or responsibilities with respect to third party content or any websites or links that may direct your browser or your connection to third party websites or web pages.

Please choose carefully the information that you submit or Post to the TAXSQUEAL Site. Your Postings and/or Postings may not include the following items: any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter.  Despite this prohibition, information provided by other Users may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and TAX SQUEAL assumes no responsibility or liability for this material. If you become aware of misuse of TAX SQUEAL Services by any person, please contact us at info@taxsqueal.com.

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by TAX SQUEAL without restriction or notice to you.

1. USE OF SERVICES
This Agreement shall remain in full force and effect while you use TAX SQUEAL Services or are a User. There are portions of TAX SQUEAL Services and this Site that we make available to Users in the general public and you may visit and browse those portions without charge or obligation; provided, however, we reserve the right to make changes, limit or restrict those portions at any time and from time to time in our discretion, without notice to you.

TAX SQUEAL reserves the right, in its sole discretion, to reject, refuse to post or remove any posting, including email, by you, or to restrict, suspend, or terminate your access to all or any part of TAX SQUEAL Services at any time, for any or no reason, with or without prior notice, and without liability. Even after your access to the TAX SQUEAL Site is terminated, this Agreement will remain in effect, including all sections.

2. MODIFICATIONS
TAX SQUEAL may modify this Agreement from time to time at our sole discretion and such modification shall be effective upon posting by TAX SQUEAL on the Site. We will post or display notices of material changes on this Site. Once we post them on TAX SQUEAL Services, these changes become effective immediately and if you use the TAX SQUEAL Services after they become effective it will signify your agreement to be bound by the changes. You should check back frequently and review the terms and conditions of this Agreement regularly so you are aware of the most current rights and obligations that apply to you and the terms and conditions of your agreement with us. We reserve the right to change, modify, withdraw, suspend or even permanently discontinue all or any portions of the TAX SQUEAL Services at any time, without any liability or obligation to you, with or without notice.

3. PRIVACY
We respect your privacy and the use and protection of your Personal Information. Please see our Privacy Policy which can be viewed at http://taxsqueal.com/TaxSquealPrivacyPolicy.aspx for important information and disclosures relating to the collection and use of your Personal Information in connection with your use of TAX SQUEAL Services. If you have any questions regarding TAX SQUEAL’s privacy practices, you may send your question to us by e-mail to info@taxsqueal.com.

By submitting tax payer information (“Tax Information”), through TAX SQUEAL Services, you hereby grant to TAX SQUEAL a non-exclusive, fully-paid and royalty-free, worldwide license to transmit such Tax Information to the Internal Revenue Service and to appropriate taxing authorities.

You represent and warrant that you have the right to grant the license set forth in this paragraph.

You may not use any computerized or automatic mechanism, including without limitation, any web scraper, offline reader, spider or robot, to access, extract or download any Content from the TAX SQUEAL Services, unless you are expressly authorized to do so by TAX SQUEAL. You agree not to use or launch any automated system that accesses the Site in a manner that sends more request messages to TAX SQUEAL servers in a given period of time than a person can reasonably create in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, TAX SQUEAL grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. TAX SQUEAL reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes.

You agree not to solicit, for commercial purposes, any Users of the Site with respect to their User Postings. As an express condition of your use of the TAX SQUEAL Services, you warrant to TAX SQUEAL that you will not use TAX SQUEAL Services for any unlawful purpose or purpose prohibited by this Agreement. If you violate any part of this Agreement, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any of the Content. TAX SQUEAL makes no representation that any Content is legal or appropriate for use outside of the United States or that it is authorized for export from the United States or for import into any other country. You are solely responsible for complying with all import and export laws and regulations and all applicable laws of any jurisdiction inside and outside of the United States from which you may access TAX SQUEAL Services.

TAX SQUEAL’s Content is protected by copyright, trademark, patent, trade secret and other laws, and TAX SQUEAL owns and retains all rights to its Content and TAX SQUEAL Services. We require Users to respect our copyrights, trademarks, and other intellectual property rights and those of others, including other Users. On notice, we will act expeditiously to remove content on the TAX SQUEAL Services that infringes the copyright rights of others and will disable the access to TAX SQUEAL Services, this Site and its services of anyone who uses them repeatedly to infringe the intellectual property rights of others. Specific procedures to notify us about copyright infringement can be found in this Agreement which describes our Notice and Procedure for Making Claims of Copyright Infringement.

The brands, names, logos, trade names, trademarks, service marks and other distinctive identifications (“Marks”) on or of TAX SQUEAL Services, including, without limitation, “TAX SQUEAL ” and “taxsqueal.com,” are the intellectual property of, and proprietary to TAX SQUEAL, LLC, its affiliates, its or their Advertisers, suppliers and others with whom these entities may do business. You have no right to use any of these marks or any confusingly similar marks for any purpose without the express prior written consent of TAX SQUEAL.

5. WEB COMMUNITIES, FORUMS, POSTINGS
Services may contain forum services, web communities and other message and communication facilities (“Communities”) that may provide you and other users an opportunity to submit, upload, post, display, transmit and/or exchange information, ideas, opinions, information, files, messages, transmissions and Content with other Users and/or with us and these are referred to in this Agreement as a “Post” or “Posting.” You understand that whether or not such User Postings are published, TAX SQUEAL does not guarantee any confidentiality with respect to any Postings. TAX SQUEAL reserves the right at all times, but does not have the obligation to edit, refuse to post, or to remove any Posting, in whole or part, that TAX SQUEAL deems inappropriate for inclusion in the Communities, for any reason or for no reason. TAX SQUEAL may delete any Content that in the sole judgment of TAX SQUEAL violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. TAX SQUEAL assumes no responsibility for monitoring the Services for inappropriate Content or conduct. If at any time TAX SQUEAL chooses, in its sole discretion, to monitor TAX SQUEAL Services, TAX SQUEAL nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.  Communities are public and not private and you should assume your Postings will be read by others, with or without your knowledge or permission.  Although a particular Community may have a policy of limited membership or access, TAX SQUEAL shall have no liability if unauthorized persons nevertheless obtain access to the Community.  Your use of the Communities is at your own risk and you should not disclose or make available your personal information in any Posting or in any Community. Your Posting will become public, and possibly permanent, upon your election to Post to the TAX SQUEAL Site.

The amount of storage space on TAX SQUEAL Services per user is limited and some Postings may not be processed due to space constraints or outbound message limitations. You understand, acknowledge and agree we assume no responsibility for deletion of Postings or any failure to store, receive or deliver Postings in a timely manner or at all or as to any other matter relating to Postings. Posting is for noncommercial purposes only and you may not Post in any manner which does or is intended to promote or generate revenue for any business enterprise or commercial activity. TAX SQUEAL permits you to link to materials on the Site for personal, non-commercial purposes only.

You are solely responsible for your interactions with other TAX SQUEAL Users. TAX SQUEAL reserves the right, but has no obligation, to monitor disputes between you and other Users.

6. CLAIMS OF COPYRIGHT INFRINGEMENT AND OTHER VIOLATIONS
If you believe TAX SQUEAL Services contains elements that infringe your copyrights in your work, please follow the procedures below.

In particular, if you are a copyright owner or an agent thereof and believe that any User Post or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent: Daniel A. Pepper, Esq. Full Address of Designated Agent to Which Notification Should Be Sent: Pepper Law Group, LLC, 72 West End Avenue, Somerville, New Jersey 08876; Telephone Number: 908.698.0330; Facsimile Number: 908.248.9220; E-mail Address: info@informationlaw.com; with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;

(iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If you believe that any Content on TAX SQUEAL Services (including, without limitation, any Posting) violates any of the terms or conditions of this Agreement, please contact us at info@taxsqueal.com. We cannot guarantee that we will respond to your message and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such message.

7. ADVERTISING

From time to time, you may communicate with, receive communications from, be re-directed to, interact with, or participate in or use the services or obtain goods and services of or from, third parties such as our advertisers, sponsors, or promotional partners (“Advertisers”) as a result of or in connection with your use of TAX SQUEAL Services or a hyperlinked site. All such communication, interaction and participation is strictly and solely between you and the Advertiser involved and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertiser or any goods or services you may purchase or obtain from any Advertiser). TAX SQUEAL will not be a party to or is in no way responsible for monitoring any transaction between you and an Advertiser. You should use your best judgment and exercise caution where appropriate.

8. RULES OF CONDUCT
Your use of TAX SQUEAL Services is subject to all applicable local, state, national laws and regulations and, in some cases, international treaties. You are solely responsible for all if your activities, acts and omissions. The following is a partial list of the kind of Content and activity that is illegal or prohibited to post on or through the Services. TAX SQUEAL reserves the right to investigate and take appropriate legal action against anyone who, in TAX SQUEAL’s sole discretion, violates this provision, including without limitation, removing the offending communication from TAX SQUEAL Services and terminating the access of such violators; and/or reporting you to law enforcement authorities. Prohibited Content and/or activity include, but are not limited to Content and/or activity that, in the sole discretion of TAX SQUEAL are itemized below. You shall not use, allow, or enable others to use TAX SQUEAL Services, or knowingly condone use of TAX SQUEAL Services by others, in any manner that is, attempts to, or is likely to:

1) be libelous, patently offensive, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit, sexually suggestive or sexually or violently exploitative, racially, culturally, or ethnically offensive, harmful, harassing or advocating harassment of another person, promoting bigotry, hatred or physical harm of any kind against any group or individual, intimidating, threatening, hateful, objectionable, discriminatory, or abusive, or which may or may appear to impersonate anyone else;

2) submit any Content that contains nudity, violence, or is of an offensive subject matter;

3) affect us adversely or reflect negatively on us, TAX SQUEAL, TAX SQUEAL Services, the Site, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of TAX SQUEAL Services, or from advertising, linking to us in connection with the TAX SQUEAL Services;

4) further or promote any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;

5) promote information that you know is false or misleading or promote illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

6) criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;

7) promote an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;

8) use the Services in a manner inconsistent with any and all applicable laws and regulations;

9) send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages and/or mass mailings, instant messaging, or so-called “spamming,” “spimming,” and “phishing”;

10) be used for commercial or business purposes without prior written consent, including, without limitation, advertising, marketing, contests, sweepstakes, barter, advertising, pyramid schemes or offering goods or services, whether or not for financial or any other form of compensation or through linking with any other website or web pages, advertising to, or solicitation of, any User to buy or sell any products or services through TAX SQUEAL Services. It is also a violation of these rules to use any information obtained from TAX SQUEAL Services in order to contact, advertise to, solicit, or sell to any User without their prior explicit consent. In order to protect our Users from such advertising or solicitation;

11) You may not transmit any chain letters or junk email to other Users. TAX SQUEAL reserves the right to restrict the number of emails which a User may send to other Users in any 24-hour period to a number which TAX SQUEAL deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through TAX SQUEAL Services, you acknowledge that you will have caused substantial harm to TAX SQUEAL, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay TAX SQUEAL US$50.00 for each such unsolicited email or other unsolicited communication you send through TAX SQUEAL Services;

12) transmit, distribute or upload programs or material that contain malicious code, such as viruses, time bombs, cancel-bots, worms, Trojan horses, spyware, or other potentially harmful programs or other material or information;

13) interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services;

14) forge any TCP/IP packet header or part of the header information in any e-mail or newsgroup posting for any reason;

15) cover or obscure the banner advertisements on your personal profile page, or any TAX SQUEAL Services’ page via HTML/CSS or any other means;

16) any automated use of the system, such as using scripts to add friends;

17) sell or otherwise transfer your profile;

18) violate any laws, regulations (including, without limitation, laws regarding the transmission of technical data or software exported from the United States), judicial or governmental order, any treaties or violate or infringe upon any intellectual property rights, rights of publicity or privacy, or any other rights of ours or of any other person, firm or enterprise; no Software may be downloaded from the Services or otherwise exported or re-exported in violation of U.S. export laws. By downloading or using the Software, you represent and warrant that such download or use is not in violation of any such law;

19) gain unauthorized access to TAX SQUEAL Services, other users’ names, personally identifiable information or other computers, websites or pages, connected or linked to TAX SQUEAL Services or to use TAX SQUEAL Services in any manner which violates or is inconsistent with the terms and conditions of this Agreement;

20) solicit passwords or personal identifying information for commercial or unlawful purposes from other Users; or solicit personal information from anyone under 18;

21) include a photograph or image of another person that you have posted without that person’s consent;

22) provide any telephone numbers, street addresses, last names, URLs or email addresses;

23) contain restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);

24) modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of TAX SQUEAL Services or the rights or use and enjoyment of TAX SQUEAL Services by any other person, firm or enterprise; or

25) collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material or information, whether personally identifiable or not, posted by or concerning any other person, firm or enterprise, in connection with their or your use of TAX SQUEAL Services, unless you have obtained the express, prior permission of such other person, firm or enterprise to do so.

9. PROMOTIONS
From time to time, TAX SQUEAL, its affiliates, or TAX SQUEAL Services service providers, suppliers, and Advertisers may conduct promotions on or through the TAX SQUEAL Services, including, without limitation, auctions, contests and sweepstakes (“Promotions”). Each Promotion may have additional Rules which will be posted or otherwise made available to you and, for purposes of each Promotion, will be deemed incorporated into and form a part of this Agreement; provided, however, if there is any conflict between the Rules for any particular Promotion and these Terms of Use, the Rules shall govern for that Promotion.

10. HYPERLINKS TO THIRD PARTY SITES
The appearance, availability, or your use of URLs or hyperlinks referenced or included anywhere on TAX SQUEAL Services or any other form of link or re-direction of your connection to, with or through TAX SQUEAL Services, does not constitute an endorsement by, nor does it incur any obligation, responsibility or liability on the part of TAX SQUEAL, its Affiliates or any of its or their respective officers, directors, employees, agents, representatives, licensors, suppliers, and service providers, successors and permitted assigns. We do not verify, endorse, or have any responsibility for, any such third party sites, their business practices (including the Privacy Policy), or any goods or services associated with or obtained in connection with any such site, whether TAX SQUEAL or any Affiliates’ logo or sponsorship identification is on the third party site as part of a co-branding or promotional arrangement.

If any third party site obtains or collects Personal Information from you, in no event shall we assume or have any responsibility or liability. Please read our Privacy Policy, which describes how TAX SQUEAL collects and uses your Personal Information and co-branding relationships.

These Terms of Use apply to all users of TAX SQUEAL Services, including users who are also contributors of video content, information, and other materials or services on the Site. TAX SQUEAL Services may contain links to third party websites that are not owned or controlled by TAX SQUEAL. TAX SQUEAL has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, TAX SQUEAL will not and cannot censor or edit the content of any third-party site. By using the Site, you expressly relieve TAX SQUEAL from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave this Site and to read the terms and conditions and privacy policy of each other website that you visit.

11. DISCLAIMER AND LIMITATIONS OF LIABILITY

TAX SQUEAL SERVICES, FEATURES, FUNCTIONS, CONTENT, PRODUCTS AND CAPABILITIES ARE MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL WARRANTIES OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN ADDITION, TAX SQUEAL MAKES AND PROVIDES NO GUARANTY OR ASSURANCE TAX SQUEAL SERVICES OR ANY CONTENT WILL OPERATE WITHOUT INTERRUPTION OR THAT ALL SERVICES, PRODUCTS, FEATURES, FUNCTIONS, CONTENT OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED OR AT ANY PARTICULAR TIME OR TIMES. WITHOUT LIMITING THE FOREGOING, TAX SQUEAL IS NOT RESPONSIBLE OR LIABLE FOR 1) MALICIOUS CODE, DELAYS, INACCURACIES, ERRORS, OMISSIONS, MISTAKES OR OMISSIONS ARISING OUT OF YOUR USE OF TAX SQUEAL SERVICES OR ANY SITES LINKED TO TAX SQUEAL SERVICES 2) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN 3) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (4) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY; OR 5) THE DEFAMATORY, OFFENSIVE, INFRINGING, BREACHING, FRAUDULENT, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE ASSUMING THE ENTIRE RISK OF USING TAX SQUEAL SERVICES AND THE FEATURES AND FUNTIONS OF AND/OR ASSOCIATED WITH TAX SQUEAL SERVICES.

YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER TAX SQUEAL, ITS AFFILIATES, OR ITS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, NOR ANY OF ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, SERVICE PROVIDERS, ADVERTISERS, OR SUPPLIERS, SHALL BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF TAX SQUEAL SERVICES OR RELATED TO THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, REGARDLESS OF THE FORM OF ACTION OR THE BASIS OF THE CLAIM AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Notwithstanding any claim that a sole or exclusive remedy which is provided in this Agreement may or does fail of its essential purpose, you specifically acknowledge and agree that your sole and exclusive remedy for any loss or damage shall be to have TAX SQUEAL, upon written notice from you, attempt to repair, correct or replace any deficient goods or services under this Agreement and, if repair, correction or replacement is not reasonably commercially practicable, to refund any monies actually paid by you for the services and/or products involved and to terminate and discontinue your registration and use of TAX SQUEAL Services. You further understand and acknowledge the capacity of TAX SQUEAL Services, in the aggregate and for each user, is limited and some messages and transmissions may not be processed in a timely fashion or at all, and some services, features or functions may be restricted or delayed or become completely inoperable. As a result, you acknowledge and agree that TAX SQUEAL assumes no liability, responsibility or obligation to transmit, process, store, receive or deliver submissions or Postings or for any failure or delay and you are hereby expressly advised not to rely upon the timeliness or performance of TAX SQUEAL Services for any transactions or Postings. Some jurisdictions do not allow for the exclusion of certain warranties or certain limitations on damages and remedies, accordingly some of the exclusions and limitations described in this Agreement may not apply to you.

www.taxsqueal.com is controlled and offered by TAX SQUEAL from its facilities in the United States of America. TAX SQUEAL makes no representations that this Site is appropriate or available for use in other locations. Those who access or use this Site from other jurisdictions do so at their own volition and are responsible for compliance with local law.

12. INDEMNIFICATION
You agree to indemnify, defend and hold TAX SQUEAL, its affiliates, subsidiaries and its and their respective officers, directors, partners, employees, agents, licensors, representatives, Advertisers, and service providers harmless from and against: (i) any and all claims, actions, losses, expenses, damages, demand, obligation, liabilities, debt and costs (including reasonable attorneys’ fees), resulting from any breach or violation of this Agreement by you, or resulting from your use of TAX SQUEAL Services and/or Postings and/or any Content you provide, submit or make available on or through TAX SQUEAL Services or your unauthorized use of any Content (ii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iii) any claim that one of your Postings caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the TAX SQUEAL Services.

TAX SQUEAL reserves the right to assume, at its sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with TAX SQUEAL in the defense of any such claim, action, settlement or compromise negotiations, as requested by TAX SQUEAL.

13. LAW THAT APPLIES TO THIS AGREEMENT; MISCELLANEOUS TERMS
This Agreement, including, without limitation, our Privacy Policy, any Rules and any additional terms and conditions that apply to your use of any specific services, features and functions or the purchase of any products, as well as any other documents, policies and provisions we refer to in any of the foregoing, all of which are hereby incorporated by this reference, contains the entire understanding and agreement between you and TAX SQUEAL and supersedes any and all prior, inconsistent or other understandings relating to TAX SQUEAL Services and your use of TAX SQUEAL Services. This Agreement cannot be modified, changed or terminated, except as specifically described in Section 2. If any provision of this Agreement is held to be illegal, invalid or unenforceable, this will not affect any other provisions and this Agreement will be deemed amended to the extent necessary to make it legal, valid and enforceable. Any provision which must survive in order to allow us to enforce its meaning shall survive termination of this Agreement; provided, however, no action arising out of this Agreement or your use of TAX SQUEAL Services, regardless of form or the basis of the claim, may be brought by you more than one year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose).

This Agreement and your use of TAX SQUEAL Services shall be governed by, construed and enforced in accordance with the substantive laws of the State of New Jersey applicable to contracts made, executed and wholly performed in that State, and, for the purposes of any and all legal or equitable actions, you specifically agree and submit to the exclusive jurisdiction and venue of the State and Federal Courts situated in the State of New Jersey and County of Monmouth and agree you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non conveniens or otherwise; provided, however, that notwithstanding the foregoing, you agree that TAX SQUEAL has the right to commence and prosecute an action against you in connection with this Agreement, in your home jurisdiction. To the extent it may be applicable, you agree to opt out from and expressly exclude any applicability of the Uniform Computer Information Transactions Act.

IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF TAX SQUEAL SERVICES OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY. YOU AND TAX SQUEAL SERVICES AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITEF MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Copyright ©2010 TAX SQUEAL, LLC – All Rights Reserved.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE

4. OWNERSHIP AND PROPRIETARY RIGHTS
TAX SQUEAL Services, except all User Postings (as defined below), including without limitation , all content, media and materials, all TAX SQUEAL software, code, design, text, scripts, messages, images, photographs, illustrations, audio and video material, media files, artwork, graphic material, articles, databases, proprietary information, writings, spoken statements, music, video recordings, audio-visual works and recordings, slides, portraits, works of authorship, animated and/or motion pictures, interactive features, caricatures, likenesses, profiles, vocal or other sounds, sound recordings, voices, voice reproductions, computer graphics and visual effects, as well as any accompanying documentation, packaging or other materials, tangible or intangible, and all copyrightable or otherwise legally protectable elements of TAX SQUEAL Services, including, without limitation, the selection, sequence and ‘look and feel’ and arrangement of items, and all derivative works, translations, adaptations or variations of same, regardless of the medium, broadcast medium, format or form, now known or hereinafter developed or discovered, and regardless of where produced, on location, in a studio or elsewhere, in black-and-white or in colors, alone or in conjunction with other work, characters, real or imaginary, in any part of the world (all of the foregoing, individually and/or collectively, is referred to herein as “Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed TAX SQUEAL and/or its affiliates, and their Advertisers (as defined in Section 7 below), licensors, suppliers, service providers, promotional partners and/or sponsors, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Our Content is legally protected, without limitation, under U.S. Federal and State, as well as applicable foreign laws, regulations and treaties. Unless the context clearly requires otherwise or we explicitly say so in writing, the term “TAX SQUEAL Services” includes “Content” as well.

Content on the Site is provided to you AS IS for your information and personal use only. TAX SQUEAL Services contain Content of Users and other TAX SQUEAL licensors. Except for Content posted by you and unless we explicitly and specifically notify you otherwise in writing, you shall not, nor will you allow any third party, whether or not for your benefit, to reproduce, use, copy, modify, adapt, translate, create derivative works from, display, perform, publish, post, distribute, sell, license, upload, transmit, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website) or otherwise exploit, any Content, including User Postings, without the express prior written consent of TAX SQUEAL.  TAX SQUEAL authorizes you to access Content and grants you the right to use TAX SQUEAL Services solely for your non-commercial, non-exclusive, non-assignable, non-transferable and limited personal use and for no other purpose whatsoever. You must not alter, delete or conceal any copyright or other notices contained on TAX SQUEAL Services including notices on any Content you download, transmit, display, print or reproduce from TAX SQUEAL Services. TAX SQUEAL reserves all rights not expressly granted in and to the Site and the Content.  If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of TAX SQUEAL Services or features that prevent or restrict use or copying of any Content or enforce limitations on use of TAX SQUEAL Services or the Content therein. Any unauthorized or prohibited use of any Content, including use in contravention of this Agreement, may subject you to civil liability, criminal prosecution, or both.

By displaying or publishing (“Posting”) any Content, or any other materials on or through TAX SQUEAL Services except for Tax Information (as defined in the following paragraph), you hereby grant to TAX SQUEAL a non-exclusive, fully-paid and royalty-free, worldwide license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, adapt, translate, publicly perform, publicly display, store, reproduce, transmit, and distribute such Content on and through TAX SQUEAL Services.  This license will terminate at the time you remove such Content from TAX SQUEAL Services. You represent and warrant that: (i) you own the Content posted by you on or through TAX SQUEAL Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through TAX SQUEAL Services.

We have no obligation to maintain or store any Content Posted by you. We have the right to delete any Content for any reason or no reason. Once deleted, any Content you have stored on or through the TAX SQUEAL Services cannot be retrieved.