By using or accessing the Caltax.com internet website (the “Site”), you agree with Spidell Publishing (“Caltax.com,” “We,” or “us”) to the following terms and conditions of use.
FOR YOUR CONVENIENCE, CHANGES TO THE TERMS AND CONDITIONS GENERALLY WILL BE NOTED IN THE “CHANGES” SECTION FOR ONE MONTH AFTER A CHANGE BECOMES EFFECTIVE. ANY CHANGE WILL BE EFFECTIVE IMMEDIATELY, HOWEVER, AND NEED NOT BE NOTED IN THE “CHANGES” SECTION TO BE BINDING.
Changes: There have been no changes to the terms and conditions governing your use of this Site during the past month.
1. Grant of Limited Rights
In return for your compliance with all of the terms of this Agreement, Caltax.com hereby grants to you a non-exclusive, non-transferable, limited right to access and display on your personal computer the materials contained on this Site solely for your personal, internal use in connection with your business or for pleasure. You may occasionally print hard copies of individual pages of the Site for your personal reference. If you have purchased a group license for use by a group of persons at your business or organization, the use granted herein is limited to the group of people for whom you have purchased a license. Otherwise, the use granted herein is for your personal use. Except for the foregoing, you may not under any circumstances reproduce or transmit any portion of this Site, by any means, mechanical, photographic, electronic or otherwise. Without limiting the foregoing, you expressly agree that you will not, and will not permit others to attempt to sell information obtained through this Site to third parties.
Caltax.com is committed to respecting your privacy concerns. At the same time, we want to serve your needs as effectively as possible. We may collect, store and use any information, including without limitation your name, address, telephone number(s), e-mail address and/or other personally identifying information, that you provide through this Site, including in the form of computer-generated information such as “cookies,” to send to you news bulletins or materials regarding our products or services that may be of interest to you, or for other purposes, but only by Caltax.com and its affiliated entities. If you do not wish to receive these news bulletins and other information, please type “do not contact” in the message field of an email message and send it to: Subscriptions@Caltax.com.
3. Regarding Children
Please note that this Site is not intended for children under the age of 13 and we do not knowingly collect personally identifiable information about such children. If we learn that we have collected any such information from or about a child under the age of 13, we will delete that information from our database as quickly as possible. While this Site is not intended for children, we wish to advise you that filtering devices and software that may limit access to sites that are inappropriate for children are commercially available.
4. Copyrights and Trademarks
This Site as a whole is copyrighted as a collective work, and individual works appearing on or accessible through this Site are likewise subject to copyright protection. You agree to honor the copyrights in this Site (including the selection, coordination and arrangement of the contents of this Site) and in the works available on or through this Site. You may download and maintain single copies of designated materials for your personal use only.
In addition, trademarks and tradedress belonging to us or to others appear on or are accessible through this Site. The fact that we have permitted you access to this Site does not constitute authorization to reproduce such trademarks or tradedress for any other purpose.
5. Message Boards and Other Communications By You
The Site includes Message Boards, and may include other interactive communication facilities such as chat rooms or bulletin board services (collectively, the “Forums”). We cannot and do not undertake to review all communications made on or through the Forums. We reserve the right, but have no obligation, to monitor the Forums and to edit or delete any materials that we in our sole discretion determine violate this Agreement or are contrary to any of our policies or our business interests and customer relations. By transmitting any communication to or through the Forums, you grant to us a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to reproduce, sublicense, distribute, display, transmit, and edit such communication, including your identity as its author or sender, including for marketing purposes. This license does not apply to your communications with us regarding your order, payment, or similar transactional matters.
You are solely responsible for the content of any communications you make to or through the site or any materials you add to the Site, including to any Forum (the “Communications”). You agree not to upload to or otherwise publish any Communication that: advertises or solicits the sale of goods or services; is obscene, indecent or otherwise sexually explicit or abusive; defames any person or entity or otherwise invades anyone’s rights or causes any form of injury to any other person or entity; infringes another’s copyright, trademark or other intellectual property rights; or that contains software viruses or any other malicious code. You agree not to use the Forums or any other area of the Site to send the same or substantially similar unsolicited electronic mail messages, whether commercial or not, to multiple recipients.
6. Password-Protected Areas of the Site and Security Obligations
Access to certain areas of the Site is authorized only if you have been provided with a username and password. You agree that under no circumstances may you permit any other person or entity, including your fellow employees or employer, to use your password for the purpose of accessing the password-protected areas of the Site, nor may you use your password to access the password-protected areas of the Site for anyone else. You are solely responsible for maintaining the confidentiality of your password. You agree to make reasonable efforts to insure that no one other than you obtains access, electronically or otherwise, to the password-protected areas of this Site with your password or through you.
In addition, if you are an entity with multiple users, you agree to make reasonable efforts to insure that all of your authorized users are aware of, understand, and abide by the terms and conditions of this Agreement. In the event that you have reason to believe that a user has obtained unauthorized access to the password-protected areas of the Site, or is otherwise misusing the Site, you agree (i) to notify us within 30 days of all information in your possession regarding such potential unauthorized access and/or use, (ii) to take reasonable action to resolve the unauthorized access and/or misuse, and (iii) to cooperate with us in resolving the unauthorized access and/or misuse. Your compliance with this paragraph is a material term of this Agreement. We will not hold you liable for unauthorized access if you comply with this paragraph, unless you or your authorized user willfully breached the limitations on this Agreement.
7. Disclaimers and Limitations of Warranties
This Site is provided as a research and reference tool. Although we make every reasonable effort to ensure that the information, analytical tools and data provided at this Site are useful, accurate, and current, we cannot guarantee that the information, tools and data provided here will be error-free. This Site and the information available through it do not, and are not intended to constitute legal or other professional advice. By using this Site, you assume all responsibility for and risk arising from your use of and reliance upon the contents of this Site.
References and links to products and services belonging to third parties are provided for your convenience and do not represent our endorsement of such products or services. Materials accessible from or added to this Site by third parties, such as comments posted in Forums, are strictly the responsibility of the third party who added such materials or made them accessible. While we reserve the right to monitor third-party discussions and to remove materials that we believe are inappropriate, we neither endorse nor undertake to control, monitor, edit or assume responsibility for any such third-party Communications.
THIS SITE AND ITS CONTENTS ARE PROVIDED “AS IS.” WE DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO ANY INFORMATION CONTAINED ON, ACCESSIBLE THROUGH OR DERIVED BY YOU FROM THIS SITE AND WITH RESPECT TO ANY PRODUCTS OR SERVICES PURCHASED BY YOU THROUGH THIS SITE. WE LIKEWISE DISCLAIM ANY AND ALL LIABILITY TO YOU ARISING OUT OF INTERRUPTION OR DAMAGE TO YOUR COMPUTER SYSTEM OR SOFTWARE AS THE RESULT OF ACCESSING OR OTHERWISE USING THIS SITE. WE NEITHER WARRANT NOR REPRESENT THAT THE SERVICES OR INFORMATION AVAILABLE THROUGH THIS SITE WILL ENABLE YOU TO ACHIEVE ANY PARTICULAR RESULT OR OUTCOME, LEGAL, ECONOMIC, EDUCATIONAL, OR OTHERWISE. WE WILL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR SPECIAL DAMAGES OF ANY KIND, INCLUDING LOST REVENUES, LOST PROFITS, OR LOSS OF DATA ARISING OUT OF YOUR USE OF THIS SITE. IN THE EVENT THAT ANY OF THE FOREGOING LIMITATIONS AND DISCLAIMERS IS INEFFECTIVE, YOU AGREE THAT OUR MAXIMUM LIABILITY TO YOU SHALL BE THE TOTAL OF THE FEES THAT YOU HAVE PAID TO US IN CONNECTION WITH YOUR ACCESS TO THIS SITE AND/OR FOR PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED FROM US THROUGH THIS SITE.
8. Termination of Site and Site Access
We reserve the right to change the contents of this Site or to discontinue it at any time. Caltax.com reserves the right to restrict, suspend or terminate this Agreement and the access of any person to the Site, in whole or in part, without notice, in the event of any breach or threatened breach of any term of this Agreement or in the event we have reasonable grounds to believe he or she may be using the Site for an unlawful or unauthorized purpose or in a manner that may harm us.
9. Digital Millennium Copyright Act
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512, repeated copyright infringers will have their accounts terminated and their passwords disabled. Notifications of claims of copyright infringement may be forwarded to our designated agent: Lynn Freer EA, Spidell Publishing, Inc., 1158 North Gilbert Street, Anaheim, CA 92801.
Caltax.com may modify this Agreement and any policies affecting the Site effective immediately upon notice to you posted to the Site or distributed via electronic mail or conventional mail. Your continued use of the Site following notice of any modification to this Agreement shall be conclusively deemed an acceptance of all such modification(s).
11. Choice of Law, Agreement to Personal Jurisdiction and Venue
This Agreement shall be governed by and construed in accordance with the laws of the State of California (excluding its choice of law rules). You hereby consent to personal jurisdiction and venue over you in the state and federal courts of California for any action arising out of or relating to your use of the Site or this Agreement.
12. Complete Agreement
This Agreement constitutes the entire agreement between you and Caltax.com with respect to the Site and supersedes all prior agreements, whether written or oral, with respect to the subject matter hereof.
BY CONTINUING TO USE THIS SITE, YOU ARE AGREEING TO BE LEGALLY BOUND BY ALL OF THE TERMS AND CONDITIONS SET FORTH HEREIN.