Tax Day

TAX DAY LLC TERMS OF USE

Effective Date: July 10, 2016

PLEASE READ THESE TERMS OF USE ("TERMS OF USE"). THESE TERMS OF USE, INCLUDING ANY REVISED AGREEMENTS THAT WE MAY POST FROM TIME TO TIME, STATE THE TERMS AND CONDITIONS UNDER WHICH WE PROVIDE YOU WITH ACCESS TO OUR MOBILE APP AND OTHER SERVICES.

Your downloading, accessing and/or using our mobile app, Web site, application services, features, content and/or software offered, from time to time, by us on or in connection therewith (collectively the “Services”) are subject to the terms of a legal agreement between you and Tax Day LLC, a Florida limited liability company (“TaxDay”, "we," "us," or "our") whose principal place of business is at 2805 E. Oakland Park Blvd, #370, Fort Lauderdale, Florida 33306. This document explains how that legal agreement is made up, and sets out some of the terms of that agreement, including the terms by which you may use our Services. By visiting, accessing or using our mobile app and/or Services, you signify that you have read, understood, and agree to be bound by this Terms of Use agreement (“Agreement”) and to the collection and use of your information as set forth in our Privacy Policy whether or not you are a registered user of our Services. This Agreement applies to all visitors, users, and others who access our mobile app and/or other Services (“users”).

TAXDAY HAS ESTABLISHED A TEST PROGRAM TO, AMONG OTHER THINGS, ALLOW PEOPLE TO TEST THE FEATURES, CAPABILITIES AND PERFORMANCE OF TAXDAY'S MOBILE APP, WEB SITE AND SERVICES AND TO PROVIDE FEEDBACK TO TAXDAY. THE TAXDAY MOBILE APP, INCLUDING THE WEB SITE AND SERVICES, LICENSED HEREUNDER MAY CONTAIN DEFECTS AND A PRIMARY PURPOSE OF THIS PROGRAM IS TO OBTAIN FEEDBACK ON THE PERFORMANCE OF THE TAXDAY MOBILE APP, INCLUDING THE WEB SITE AND SERVICES, AND THE IDENTIFICATION OF DEFECTS. YOU ARE ADVISED TO SAFEGUARD IMPORTANT DATA, TO USE CAUTION AND NOT TO RELY IN ANY WAY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF THE MOBILE APP, WEB SITE AND SERVICES AND/OR ACCOMPANYING MATERIALS.

OUR MOBILE APP, WEB SITE AND SERVICES ARE TO BE USED FOR INFORMATIONAL PURPOSES ONLY, ARE NOT INTENDED TO PROVIDE, AND SHOULD NOT BE RELIED ON FOR, TAX, LEGAL OR ACCOUNTING ADVICE. YOU SHOULD CONSULT YOUR OWN TAX, LEGAL AND ACCOUNTING ADVISORS CONCERNING YOUR PARTICULAR SITUATION.

You may use our mobile app and/or other Services only if you can form a binding contract with TaxDay, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Anyone under 13 is strictly prohibited from creating an account for our mobile app and/or other Services.

Use of Our Mobile App and Services

Subject to these Terms of Use, TaxDay may offer to provide our mobile app and other Services, as described more fully on our Web site, and which are selected by you, solely for your own use, and not for the use or benefit of any third party. Services shall include, but not be limited to, any services we perform for you, any applications or widgets offered by us that you download from us or, subject to the terms set out under the "Links to Third Party Sites and Services" section below, from third party application stores, as well as the offering of any materials displayed or performed on or through our mobile app and/or other Services (including Content as defined below).

Registration

To obtain access to our mobile app and other Services, users are required to register for an account. Registration is initially available to anyone of requisite age and citizenship and is limited to one registration per user. By registering for the mobile app or other Services, you agree to: (a) provide true, accurate, current and complete information about yourself as requested by our registration process (the "Registration Information") and (b) maintain and update the Registration Information to keep it true, accurate, current and complete. In addition to other grounds for suspension or termination of your use of our Services and/or our Web site, if you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that information you have provided is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your access and refuse you any and all use of our Web site. Registrants have the right to terminate their account at any time by sending an e-mail to an address provided on our Web site.
As part of the registration, we require you to choose a user name and password. If you do so, you are responsible for maintaining the confidentiality of your password and account and for logging out of your account at the end of each session. In selecting a user name, you agree that you will not (a) select or use a user name that is the name of another person with the intent to impersonate that person; (b) use a user name subject to the rights of any person without their authorization; or (c) use a user name that is offensive to people of ordinary sensitivities, illegal, or infringing. You are fully responsible for all activities that occur under your password or account. You agree (a) to notify us immediately of any unauthorized use of your password or account or any other breach of security, and (b) to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

License

In consideration of your feedback and your compliance with all of the terms and conditions hereof we hereby grant to our a limited, non-transferable, non-assignable, revocable, and non-exclusive license to use our mobile app, only in object code form and in accordance with the documentation for our mobile app. TaxDay is under no obligation to provide technical support under the terms of this license, and provides no assurance that any specific errors or discrepancies in the mobile app, Web site and/or Services will be corrected.
You agree that You shall not resell, lease, rent, distribute in any way (whether for commercial gain or otherwise), assign and/or otherwise dispose of our mobile app or a derivative of our mobile app, or resell data or services which are derived from our mobile app. You agree to use our mobile app only as specified in these Terms of Use. Nothing in these Terms of Use shall be construed as expressly or impliedly granting to you any other or further rights not expressly set forth herein.
You may not (and You may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile any of our mobile app or otherwise attempt to extract the source code of our mobile app or any part thereof, unless this is expressly permitted by us in writing. Except as otherwise agreed in writing by us, you may not assign (or grant any other sub-license of) Your rights to use our mobile app or otherwise transfer any part of Your rights to use or sublicense the our mobile app.
At some point we may wish to update our mobile app. Our app is currently available on iOS – the requirements for such system may change, and you’ll need to download the updates if you want to keep using the app. We do not promise that we will always update our mobile app so that it is relevant to you and/or works with the iOS version that you have installed on your device. However, you agree to always accept updates to the application when offered to you.
We may also wish to stop providing our mobile app or if we provide, on a payment-basis, the initial commercial release of a generally available version of our mobile app and/or Services, then we may terminate use of our mobile app, Web site and Services at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end and (b) you must stop using our mobile app, and (if needed) delete it from your device.

Content

All Content, whether publicly posted or privately transmitted through our mobile app and/or other Services, is the sole responsibility of the person who originated such Content. We cannot guarantee the authenticity of any Content or data which users may provide about themselves. You acknowledge that all Content accessed by you using our mobile app and/or other Services and/or our Web site is at your own risk and you will be solely responsible and liable for any damage or loss to you or any other party resulting therefrom. For purposes of these Terms of Use, the term "Content" includes, without limitation, any location information, videos, audio clips, comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by us on or through our mobile app, other Services and/or our Web site. Content added, created, uploaded, submitted, distributed, posted or otherwise obtained through our mobile app, Services and/or Web site by users, including Content that is added to our mobile app, Services and/or Web site in connection with users linking their accounts to third party websites and services, is collectively referred to as, "User Submissions."
You release TaxDay from all liability for you having acquired or not acquired Content through our mobile app and other Services. Our mobile app and/or other Services may contain, or direct you to web sites containing, information that some people may find offensive or inappropriate. We make no representations concerning any Content contained in or accessed through our mobile app and other Services, and TaxDay will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through our mobile app and other Services.
Our mobile app and other Services and/ or our Web site contain Content specifically provided by us or our partners and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, as applicable. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through our mobile app and other Services and/or our Web site.
Subject to these Terms of Use, we grant each user of our mobile app and other Services and/or our Web site a worldwide, non-exclusive, non-sublicensable and non-transferable license to use, modify and reproduce the Content, solely for personal, non-commercial use. Use, reproduction, modification, distribution or storage of any Content for other than personal, non-commercial use is expressly prohibited without prior written permission from us, or from the copyright holder identified in such Content's copyright notice, as applicable. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial (whether or not for profit) use or in any way that violates any third party right.
If you download or print a copy of the Content from our mobile app or other Services and/or Web site 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 our mobile app or other Services and/or Web site or features that prevent or restrict use or copying of any Content from our mobile app or other Services and/or Web site or enforce limitations on use of our Services and/or Web site or the Content therein. You may not reproduce, print, cache, store or distribute Content retrieved from our mobile app or other Services and/or Web site in any way, for any commercial use without our prior written permission or the copyright holder identified in the relevant copyright notice.
Except as expressly provided in these Terms of Use, nothing contained in these Terms of Use or on our Web site shall be construed as conferring any other license or right, expressly, by implication, by estoppel or otherwise, with respect to any of our Content or under any third party's Content. Any rights not expressly granted herein are reserved.

User Submissions

We may use your User Submissions that you make publicly available on our mobile app or other Services and/or our Web site in a number of different ways in connection with our mobile app or other Services, our Web site and/or our business as we may determine in our sole discretion, including but not limited to, publicly displaying it, reformatting it, incorporating it into marketing materials, advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing other users to do the same in connection with their own web sites, media platforms, and applications (“Third Party Media”). By submitting for public availability User Submissions on our mobile app, our Web site or otherwise through the Services, you hereby do and shall grant us a worldwide, non-exclusive, royalty-free, fully paid, sublicensable and transferable license to use, copy, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submissions in connection with, the our mobile app or other Services, our Web site and/or our (and our successors and assigns') business, including without limitation for promoting and redistributing part or all of the Web site (and derivative works thereof), our mobile app or the Services in any media formats and through any media channels (including, without limitation, third party websites and feeds). You also hereby do and shall grant each user of our mobile app, our Web site and/or the Services, including Third Party Media, a non-exclusive license to access your publicly available User Submissions through the Web site and the Service, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions in connection with their use of the Web site, Service and Third Party Media. For clarity, the foregoing license grant to us does not affect your other ownership or license rights in your User Submission(s), including the right to grant additional licenses to the material in your User Submission(s), unless otherwise agreed in writing with TaxDay.
You represent and warrant that you have all rights to grant such license to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
You understand that all information publicly posted or privately transmitted through our mobile app or other Services and/or our Web site is the sole responsibility of the person from which such Content originated; that we will not be liable for any errors or omissions in any Content; and that we cannot guarantee the identity of any other users with whom you may interact in the course of using our mobile app or other Services and/or our Web site.
When you delete your User Submissions, they will be removed from our mobile app or other Services and our Web site. However, you understand that any removed User Submissions may persist in backup copies for a reasonable period of time (but following removal will not be shared with others) or may remain with users who have previously accessed or downloaded your User Submissions.

You Agree Not To Use Our Mobile App, Services And Web Site To:

Make any submission that is unlawful, harmful, threatening, abusive, harassing, tortuous,defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically,or otherwise objectionable;
Make any submission you know is false, misleading, untruthful or inaccurate;
Harm or threaten to harm users in any way;
Stalk or otherwise harass any other person or entity;
Submit anyone's identification documents or sensitive financial information;
Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
Post any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation except in areas that are expressly designated by us for such purpose;
Use the account, username, or password of another member at any time or disclosing your password to any third party or permitting any third party to access your account or selling or otherwise transferring your profile;
Disseminate or transmit any content that infringes or violates any party's copyright, trademark, trade secret, patent or other proprietary right, including, but not limited to, using third party copyrighted materials, without appropriate permission, using third party trademarks without appropriate permission or attribution, or using or distributing third party information (whether or not protected as a trade secret) in violation of a duty of confidentiality;
Engage in commercial activities (whether or not for profit) and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
Disseminate or transmit any worms, viruses or other harmful, disruptive or destructive files, code or programs;
Violate any law (whether local, state, national, or international), whether or not intentionally;
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Submission;
Post any content that you do not have a right to under any law or under contractual or fiduciary relationship (which includes inside information, proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
Interfere with or disrupt our mobile app, other Services, our Web site, or servers or networks connected to our mobile app or Web site, or disobey any requirements, procedures, policies, or regulations of networks connected to our mobile app or Web site;
Harvest or scrape any Content;
Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, republish, repurpose, sell, trade, or in any way exploit the our mobile app, other Services or Content (other than your User Submissions), except as expressly authorized by us;
Decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of our mobile app or other Services (including without limitation any application or widget);
Copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder;
Collect or store personal data about other users;
Engage in any activities that would violate the personal privacy rights of others, including but not limited to, collecting and distributing information about Internet users without their permission, except as permitted by applicable law; or
Submit any submission or otherwise in engage in any action that breaches the Privacy Policy, and/or any of the other policies and rules incorporated herein;

We do not guarantee that any Content or User Submissions will be made available on our mobile app, the Web site or through the Services. TaxDay has no obligation to monitor its mobile app, Web site, Services, Content, or the User Submissions. You acknowledge that we do not pre-screen User Submissions, but that we have the right, but not the obligation, to refuse to make available, to modify or to remove any User Submissions or portions of User Submissions in its sole discretion and at any time without notice to the person submitting it, regardless of whether those User Submissions violate these Terms of Use or are otherwise objectionable. TaxDay also reserves the right to access, read, preserve, and disclose any information as TaxDay reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce these Terms of Use, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of TaxDay, its users and the public.
You agree that your use of any User Submissions, including any reliance on User Submission submitted to us, is solely at your own risk.

Payments

In the future, we may decide to allow you to purchase a right to use a commercial version of our mobile app and/or other Services using your credit card (together with “Card Services”). We may use a third- party payment processor (the “Payment Processor”) to link your credit card account to our mobile app and/or other Services (your “Card Account”) for use of the Card Services. The processing of payments or credits, as applicable, in connection with the Card Services will be subject to the terms, conditions and privacy policies of the Payment Processor and your credit card issuer in addition to this Agreement. We are not responsible for any error that occurs during any payment process, including any error by the Payment Processor. In connection with your use of the Card Services, We will obtain certain transaction details, which we will use solely in accordance with our Privacy Policy.

Postings

By submitting, posting or displaying on our mobile app, our Web site and/or on or through our mobile app and/or other Services any feedback, concepts, ideas and suggestions ("Postings"), you give us a worldwide, royalty-free, and non-exclusive license to use, reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any such Postings for any purpose and in any medium worldwide (including incorporating the Postings into our mobile app or other Services) without any obligation to compensate you or any other third party in any way for any such use.

Links to Third Party Sites and Services

Our mobile app, other Services and/or Web site may include links to third party web sites, services and/or other resources. Your dealings with advertisers and third party vendors found on or through our mobile app, other Services and/or Web site, including your participation in promotions, the purchase of goods, and any terms, conditions, warranties or representations associated with such activities, are solely between you and the third party. Because we have no control over such web sites, services and resources, you acknowledge and agree that we are not responsible for the availability of such external sites, services or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. Finally, you acknowledge that such external sites usually have their own terms and conditions, including privacy policies, over which we have no control and which will govern your rights and obligations with respect to the use of those web sites.

Termination of Your Use of Our Mobile App and Other Services

You agree that we, in our sole discretion, may terminate your access to and use of our mobile app and/or other Services, and/or remove, discard or modify any Content within our mobile app and/or other Services, for any reason, including, without limitation, for lack of use or if we believe that you have violated or acted inconsistently with these Terms of Use. You agree that any termination of your access to and use of our mobile app and/or other Services may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or our mobile app and/or other Services. Further, you agree that we shall not be liable to you or any third party for the discontinuation or termination of your access to our mobile app and/or Services, even if advised of a claim for damages. If you wish to terminate your account, you may do so. Any fees paid hereunder are non-refundable.

Warranty Disclaimer

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF OUR MOBILE APP, WEB SITE, SERVICES, CONTENT AND/OR USER SUBMISSIONS IS AT YOUR SOLE RISK AND THAT OUR MOBILE APP, WEB SITE, SERVICES AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
IN PARTICULAR, TAXDAY, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:

YOUR USE OF OUR MOBILE APP, WEB SITE, SERVICES, CONTENT AND/OR USER SUBMISSIONS WILL MEET YOUR REQUIREMENTS,
YOUR USE OF OUR MOBILE APP, WEB SITE, SERVICES, CONTENT AND/OR USER SUBMISSIONS WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
THAT THE CONTENT AND/OR USER SUBMISSIONS ARE ACCURATE, RELIABLE OR CORRECT
ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF OUR MOBILE APP, WEB SITE, SERVICES, CONTENT AND/OR USER SUBMISSIONS WILL BE ACCURATE OR RELIABLE, AND
THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF OUR MOBILE APP AND/OR OTHER SERVICES WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR MOBILE APP, WEB SITE, SERVICES, CONTENT AND/OR USER SUBMISSIONS IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM OUR MOBILE APP, SERVICES, CONTENT AND/OR USER SUBMISSIONS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
OUR MOBILE APP, WEB SITE AND SERVICES ARE TO BE USED FOR INFORMATIONAL PURPOSES ONLY, ARE NOT INTENDED TO PROVIDE, AND SHOULD NOT BE RELIED ON FOR, TAX, LEGAL OR ACCOUNTING ADVICE. YOU SHOULD CONSULT YOUR OWN TAX, LEGAL AND ACCOUNTING ADVISORS CONCERNING YOUR PARTICULAR SITUATION.
WE FURTHER EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Limitation of Liability

ALL LIABILITY OF TAXDAY, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS HOWSOEVER ARISING FOR ANY LOSS SUFFERED AS A RESULT OF YOUR USE OF OUR WEB SITE, OUR MOBILE APP, WEB SITE, SERVICES, CONTENT AND/OR USER SUBMISSIONS IS EXPRESSLY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM: (A) THE USE OF, OR THE INABILITY TO USE, OUR MOBILE APP, OUR SERVICES, CONTENT AND/OR USER SUBMISSIONS, (B) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES AND/OR GOODS, (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (D) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR MOBILE APP, OUR SERVICES AND/OR WEB SITE, (E) RELIANCE ON CONTENT, USER SUBMISSIONS AND/OR OTHER SUBMISSIONS ON OUR MOBILE APP, OUR SERVICES AND/OR WEB SITE, OR (F) ANY OTHER MATTER RELATING TO OUR MOBILE APP, OUR SERVICES, CONTENT, THE USER SUBMISSIONS AND/OR OUR WEB SITE. THESE LIMITATIONS WILL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. EXCEPT AS REQUIRED BY THE INDEMNITY PROVISIONS HEREIN, IN NO EVENT WILL WE HAVE ANY DIRECT LIABILITY HEREUNDER.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification and Release

You agree to indemnify and hold us and our subsidiaries, and affiliates, and their officers, members, directors, employees and agents harmless from and against any and all liability, losses, claims, demands, disputes, damages or costs of any kind, including, without limitation, reasonable attorneys' fees and costs of litigation, resulting from or in any way connected with (a) User Submissions or other content you submit or that are submitted from your account, (b) your use. misuse of or reliance on our mobile app, our Services, Content, User Submissions, our Web site or otherwise from your user submissions, (c) your violation of these Terms of Use or (d) your violation of any rights of another party, including, withoutlimitation, infringement by you, or any third party using the your account, of any intellectual property or other right of any person or entity (save to the extent that a court of competent jurisdiction holds that such claim arose due to an act or omission of TaxDay). We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with TaxDay in asserting any available defenses.
You release us from all liability relating to your connections and relationships with other users. You understand that we do not, in any way, screen users, nor do we inquire into the backgrounds of users or attempt to verify their backgrounds or statements. We make no representations or warranties as to the conduct of users or the veracity of any information users provide. In no event shall we be liable for any damages whatsoever arising out of or relating to the conduct of you or anyone else in connection with our mobile app and/or other Services, including, without limitation, bodily injury, emotional distress, and any damages resulting in any way from communications or meetings with users or persons you may otherwise meet through our mobile app and/or other Services. As such, you agree to take reasonable precautions and exercise the utmost personal care in all interactions with any individual you come into contact with through our mobile app and/or other Services, particularly if you decide to meet such individuals in person.

iOS App Specific Provisions

The following provisions apply to the TaxDay mobile app downloaded from the Apple App Store:

You acknowledge that these Terms of Use are between you and us and not with Apple, Inc. or any of its affiliates (collectively, “Apple”) and that TaxDay and not Apple, is solely responsible for the TaxDay mobile app and associated Services.
The license granted to you hereunder for use of the TaxDay mobile app and associated Services is limited to a personal, non-transferable, non-assignable, revocable and non-exclusive right to use the TaxDay mobile app and associated Services on any iPhone or iPad owned or controlled by you for the relevant subscription period and subject to the terms and conditions set forth in these Terms of Use.
TaxDay, and not Apple, is solely responsible for providing any maintenance and support services, if any, with respect to the TaxDay mobile app and the associated Services. You acknowledge and agree that Apple has no obligation whatsoever to provide any such maintenance and/or support.
TaxDay, and not Apple, is solely responsible for the breach of any warranties specifically set forth in these Terms of Use.
You acknowledge that Apple is not responsible for any claims you may have relating to the TaxDay mobile app or associated Services, including without limitation, (i) product liability claims, (ii) any claim that the TaxDay mobile app or associated Services fails to conform to any applicable legal or regulatory requirement, or (iii) any claims arising under consumer protection or similar legislation.
You acknowledge and agree that, in the event of any third party claim that the TaxDay mobile app or associated Services, or your use and possession of the same, infringes a third-party’s intellectual property rights, TaxDay, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such claim.
You acknowledge and agree that Apple is a third party beneficiary of these Terms of Use and, upon acceptance by you of theses Terms of Use, Apple will have the right (and is deemed to have accepted such right) to enforce this Terms of Use against you as a third party beneficiary hereof.

Governing Law

A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and TaxDay agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barredThese Terms of Use shall be governed by and construed in accordance with the laws of the State of Florida, excluding its conflicts of law rules, and the United States of America. For all purposes of these Terms of Use, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts located in the Southern District of Florida (Broward) or state courts located in Broward County, as the case may be. Use of our mobile app and/or other Services is not authorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation, this section. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

No Other Agreements Between Us

With the exception of our Privacy Policy, these Terms of Use constitute the entire agreement between you and us for governing your use of our mobile app, Services, Content, the User Submissions and our Web site and supersedes any prior agreements between you and us for that purpose.

Severability

If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms of Use are invalid, then that provision will be removed from these Terms of Use without affecting the rest of the terms. The remaining provisions of these Terms of Use will continue to be valid and enforceable.

Changes to Terms of Use

We reserve the right, at our sole discretion, to modify or replace any of these Terms of Use, at any time by posting a notice on our Web site or by sending you notice through our mobile app and/or other Services or via email. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of our mobile app and/or other Services following the posting of any changes to these Terms of Use constitutes acceptance of those changes.

Miscellaneous

You agree that if TaxDay does not exercise or enforce any legal right or remedy which is contained in this Agreements (or which TaxDay has the benefit of under any applicable law), this will not be taken to be a formal waiver of TaxDay’s rights and that those rights or remedies will still be available to TaxDay.

You agree to comply with all applicable laws regarding your use of our mobile app, Services, Content and our Web site, including, without limitation, all applicable laws (as well as associated licenses and approvals) regarding the transmission of technical data exported from the United States or the country in which you reside.
All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. These Terms of Use are personal to you, and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of its rights and obligations hereunder without consent.
Unless otherwise specified in these Term of Use, all notices under these Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.

Contact Information

If you have any questions or concerns with respect to these Terms of Use, our Services or our Web site, you may contact us by mail at
2805 E. Oakland Park Blvd. #370, Fort Lauderdale, Florida 33306, Attention: TaxDay Customer Service.