Website General Terms and Conditions of Service for PitBullTax.com

Welcome to the website (the “Website”) of Negotiation Technologies, LLC, a Florida limited liability company, located at 5850 Coral Ridge Drive, Suite 313, Coral Springs, Florida 33076 (hereinafter referred to as “PitBullTax”). PitBullTax maintains the Website at www.PitBullTax.com as a service to our customers. By using the Website, you are agreeing to comply with and be bound by the following terms and conditions of service (“Agreement” or “Terms and Conditions”). After reviewing these Terms and Conditions carefully, please indicate your agreement to abide by the terms as indicated below.

I.   INTRODUCTION

“User” (referred to as "you," "your," “yourself,” or "User") is defined as any entity that accesses the Website. Every User’s use of the Website is governed by the following Terms and Conditions. Although we may attempt to notify you when major changes are made to this Agreement, you should periodically review the most up-to-date version posted on the Website. PitBullTax may, in its sole discretion, modify or revise the Terms and Conditions at any time, and you agree to be bound by such modifications or revisions. Your use of the Website following any such change constitutes your agreement to follow and be bound by the Terms and Conditions as modified. We encourage you to review these Terms and Conditions each time you use this Website. If you do not accept and abide by this Agreement, you may not use the services on this Website. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

This Website and all pages within this Website are owned and maintained by PitBullTax.

II.   USER CONDUCT

In consideration of use of the Website, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted on the Website and (b) to maintain and update this information to keep it true, accurate, current and complete. If any information provided by you is untrue, inaccurate, not current or incomplete, PitBullTax has the right to terminate your account and refuse any and all current or future use of the Website. You agree not to resell or transfer any right to the use of or access to the Website.

You acknowledge and agree that you must: (a) provide for your own access to the World Wide Web and pay any service fees associated with such access, and (b) provide all equipment necessary for you to make such connection to the World Wide Web, including a computer and modem or other access device.

Your registration with the Website is for your sole, personal use. You may not authorize others to use your user identification and password, and you may not assign or otherwise transfer your account to any other person or entity. If you intend to use the Website for multiple users within the same organization, you must purchase a multi-user license.

By using the Website, including any application, applets, software, and content contained therein, you agree that use of the Website is entirely at your own risk. While using the Website, you may not:

A. restrict or inhibit any other user from using and enjoying the Website; or

B. post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or foreign law, including without limitation the U.S. export control laws and regulations; or

C. post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication (except as otherwise expressly permitted by PitBullTax) or engage in spamming or flooding; or

D. post or transmit any information or software which contains a computer virus, malware, adware, spyware, Trojan horse, worms or other harmful component of reproductive or non-reproductive nature; or

E. post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Website for commercial purposes (other than as expressly permitted by the provider of such information, software or other material); or

F. upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Website which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or rightholder; or

G. upload, post, publish, reproduce, transmit or distribute in any way any component of the Website itself or derivative works with respect thereto, as the Website is copyrighted as a collective work under U.S. copyright laws.

PitBullTax has no obligation to monitor the Website. PitBullTax will take all reasonable steps to ensure the security of the information provided by the User to the Website. However, User acknowledges and agrees that PitBullTax has the right to monitor the Website electronically from time to time and the right to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Website properly, or to protect itself or its customers. PitBullTax reserves the right to intentionally monitor and to disclose any private electronic-mail message. PitBullTax reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, inappropriate or in violation of these Terms and Conditions.

Communications or material of any kind that you e-mail, post or otherwise transmit through this Website, including data transmissions, questions, comments or suggestions ("your Communications") will be treated as non-confidential and nonproprietary. In addition, PitBullTax is free to use any ideas, concepts, know-how or techniques contained in your Communications for any purpose including, but not limited to, developing and marketing products using such information without compensation to you.

III.   INTELLECTUAL PROPERTY OF PITBULLTAX

PitBullTax is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing at this Website, and is the copyright owner or licensee of the content and/or information on this Website including but not limited to any screens appearing at the Website. User may not download and/or save a copy of any of the screens except as otherwise provided in these Terms and Conditions, for any purpose other than those stated in these Terms and Conditions. Also User may print a copy of the forms provided on the Website and information on this Website for your personal use or records. If User makes other use of this Website, except as otherwise provided above, User may violate copyright and other laws of the United States, and/or other countries. PitBullTax does not grant any license or other authorization to any user of its trademarks, registered trademarks, service marks, or other copyrightable material or other intellectual property, by placing them on this Website.

PitBullTax reserves the right to change any information on this Website including but not limited to revising and/or deleting features or other information without prior notice. Clicking on certain links within this Website might take you to other web sites for which PitBullTax assumes no responsibility of any kind for the content, availability or otherwise. (See "Links from and to this Website" below.) The content presented at this Website may vary depending upon your browser limitations.

IV. LIMITATION OF LIABILITY AND DISCLAIMERS

THE WEBSITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE WEBSITE. SPECIFICALLY, PITBULLTAX DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES AND (2) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.

NEITHER PITBULLTAX NOR ANY OF ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, WEBSITE CO-BRANDING PROVIDERS OR CONTENT OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU OR OTHER THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF SERVICE OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY OF PITBULLTAX, ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, WEBSITE CO-BRANDING PROVIDERS AND CONTENT OR SERVICE PROVIDERS RESPECTIVE LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY SUCH STATE LAW.

PITBULLTAX PROVIDES THE INFORMATION ON THIS WEBSITE AS A SERVICE TO ITS USERS. THE INFORMATION ON THIS WEBSITE DEALS WITH TAX TRANSACTIONS AND IT DOES NOT CONSTITUTE LEGAL ADVICE. IF YOU HAVE SPECIFIC QUESTIONS RELATED TO TAX TRANSACTIONS AND/OR INFORMATION ON THIS SITE, YOU ARE ENCOURAGED TO CONTACT AN ATTORNEY AND A CERTIFIED PUBLIC ACCOUNTANT WHO CAN INVESTIGATE THE PARTICULAR CIRCUMSTANCES OF YOUR SITUATION.

DUE TO THE RAPIDLY CHANGING NATURE OF THE INTERNAL REVENUE SERVICE TAX CODE, COURT CASES, IRC REGULATIONS, REVENUE RULINGS AND THE INTERNAL REVENUE MANUAL, PITBULLTAX DOES NOT WARRANTY OR GUARANTEE THE ACCURACY OR AVAILABILITY OF THE CONTENT ON THIS SITE OR OTHER SITES TO WHICH IT LINKS.

IN NO EVENT WILL PITBULLTAX BE HELD LIABLE TO ANY PARTY FOR ANY DAMAGES ARISING IN AN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE OR INABILITY TO USE THE WEBSITE OR ANY INFORMATION PROVIDED BY OR THROUGH THE WEBSITE, OR FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN OR DESTRUCTIVE PROPERTIES OF ANY INFORMATION PROVIDED BY OR THROUGH PITBULLTAX.

V.   IRS CIRCULAR 230 NOTICE

Nothing in our communications with you (including, but not limited to, any emails, Website content, attachments, enclosures or other accompanying materials) relating to any federal tax transaction or matter are considered to be "covered opinions" as described in Circular 230.

IRS regulations require us to advise you that, unless otherwise specifically noted, any federal tax advice on the Website (including any attachments, enclosures, or other accompanying materials) is not intended or written to be used, and it cannot be used, by any taxpayer for the purpose of avoiding penalties.

VI.   INDEMNIFICATION

You agree to defend, indemnify and hold PitBullTax and its affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use of the Website or the placement or transmission of any message, information, software or other materials through the Website by you or users of your account or related to any violation of these Terms of Service by you or users of your account.

VII.   FAILURE TO COMPLY WITH TERMS AND CONDITIONS

You acknowledge and agree that PitBullTax may terminate your password or account or deny you access to all or part of the Website without prior notice if you engage in any conduct or activities that PitBullTax in its sole discretion believes violate any of the terms and conditions, violate the rights of PitBullTax, or is otherwise inappropriate for continued access. PitBullTax may also take down any postings in its sole discretion regarding a failure of User to comply with these Terms and Conditions.

You acknowledge and agree that PitBullTax may in its sole discretion deny you access through PitBullTax to any materials stored on the Internet, or to access third party services, merchandise or information on the Internet through PitBullTax, and PitBullTax shall have no responsibility to notify any third-party providers of services, merchandise or information nor any responsibility for any consequences resulting from lack of notification.

VIII.   LINKS FROM AND TO THIS WEBSITE

The Website may contain links and pointers to other Internet websites and/or content and links to and from the Website to other websites maintained by third parties. PitBullTax provides hyperlinks to third party websites only for convenience. These links do not constitute an endorsement by PitBullTax of any third party content. User agrees that PitBullTax is not responsible for any content, services and/or products provided by any third party website. When User accesses any third party website through a hyperlink posted on the Website, User acknowledges that it does so only under any terms and conditions of use and other policies of such third party website. PitBullTax’s Terms and Conditions and other policies do not apply to any third party website.

User acknowledges and agrees that PitBullTax and any of its website co-branding providers have no responsibility for the accuracy or availability of information provided by linked sites. Links to external web sites do not constitute an endorsement by PitBullTax or its website co-branding providers of the sponsors of such sites or the content, products, advertising or other materials presented on such sites.

Information in the many web pages that are linked to PitBullTax's Website comes from a variety of sources. Some of this information comes from official PitBullTax licensees. Other information comes from unofficial or unaffiliated organizations and individuals, both internal and external to PitBullTax. PitBullTax does not author, edit, or monitor these unofficial pages or links. You acknowledge and agree that PitBullTax shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such external sites or resources.

IX.   PRIVACY

PitBullTax takes reasonable and appropriate measures, including encryption, to ensure that your personal information and client information is disclosed only to those specified by you. However, the Internet is an open system and we cannot and do not guarantee that the personal information you have entered will not be intercepted by others and decrypted. See PitBullTax Privacy Policy located on this Website.

X.   PAYMENT

PitBullTax will charge you a licensing fee in order to provide access to the Website (“License Fee”). The License Fee, when paid, is non-refundable and accrues on the first day of each term or successive renewal term until canceled, regardless of whether or not you actually use the Services or Website. The price for your use of the Services is established at the time you pay for it. Notwithstanding the language in this paragraph, if a License resulted from a special introductory promotional offer, then the terms of that specific promotional offer shall control.

Various Services and/or Content on the Website, whether offered by PitBullTax, affiliates or third-party service or data providers or others, may require additional fees or charges. This Agreement also incorporates by reference and includes program ordering and payment terms provided to you on the Website for the Services. For Services offered on a payment or subscription basis, the following terms apply, unless PitBullTax notifies you otherwise in writing.

Payments will be billed to you in U.S. dollars, and you will be charged when you subscribe and provide your payment information, unless stated otherwise in the program ordering or payment terms on the website for the Services. You must pay with one of the following :

· A valid credit card acceptable to PitBullTax;

· A valid debit card acceptable to PitBullTax; or

· By another payment option PitBullTax provides to you in writing.

If your payment and registration information is not accurate, current, and complete and you do not notify us promptly when such information changes, we may suspend or terminate your account and refuse any use of the Services. If your license expires and you wish to renew it and have full access to the data entered in the previously purchased license PitBullTax reserves the right to charge a reinstatement fee to provide such access. Reinstatement fee is applicable if more than 5 calendar days passed between license expiration and license renewal.   

You acknowledge that PitBullTax reserves the right, at any time, to modify its License Fee and billing methods. PitBullTax will automatically renew your monthly or annual services (“License Term”) at the current rate at time of renewal, using the credit card information on file with us, unless the services are cancelled or terminated by either party. Written or electronic notification of automatic renewal of annual licenses shall be provided no less than (31) days prior to expiration of your License Term. No written or electronic notification shall be provided on automatic renewals for monthly paid service plans.  

If you wish to make purchases through the Website or if you wish to subscribe to a service offered by the Website, you may be asked by the merchant, affiliate or information or service provider from whom you are making the purchase to supply certain information, including credit card or other payment mechanism information. You agree not to hold PitBullTax liable for any loss or damage of any sort incurred as a result of any such dealings with any merchant, affiliate or information or service provider through the Website. You agree that all information you provide any merchant or information or service provider through the Website for purposes of making purchases will be accurate, complete and current. The merchants and information and service providers offering merchandise, information and services through the Website set their own prices and may change prices or institute new prices at any time. You agree to pay all charges incurred by users of your account and credit card or other payment mechanism at the prices in effect when such charges are incurred. You also will be responsible for paying any applicable taxes relating to purchases through the Website.

XI.   WAIVER

Any failure by PitBullTax to enforce any provision of these Terms and Conditions shall not be construed as a continuing waiver of any rights under such provision.

XII.   SUCCESSORS, AGENTS AND ASSIGNS

All rights of enforcement in these Terms and Conditions may be enforced by the Successors, Agents and Assigns of PitBullTax.

XIII.   JURISDICTION

Except as otherwise expressly provided, the laws of the State of Florida (without giving effect to its conflicts of law principles) govern all matters arising out of or relating to these Terms and Conditions and the other Website policies, including, without limitation, their validity, interpretation, construction, performance, and enforcement. Except as otherwise expressly provided, all legal proceedings arising out of or in connection with these Terms and Conditions and the other Website policies shall be brought solely in the proper court of general jurisdiction in the State of Florida.

The failure of PitBullTax to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect.

XIV.   COPYRIGHT POLICY/DIGITAL MILLENNIUM COPYRIGHT ACT DISCLOSURE –

PitBullTax will terminate the privileges of a User who uses the Website unlawfully to transmit copyrighted material without a license, express consent, valid defense or fair use exemption to do so. In particular, a User who submits content to PitBullTax, whether text, photos, video, images, stories, software or other copyrightable material must ensure that the content uploaded does not infringe the copyrights of third parties.

If you believe that your copyright has been infringed through material posted at the Website, please contact Negotiation Technologies, LLC at:

Joseph R. Englander, Esq. – Copyright Agent

Shutts & Bowen LLP

200 East Broward Blvd., Suite 2100

Fort Lauderdale, Florida 33301

jenglander@shutts.com

Once notice is given to PitBullTax, or in circumstances where PitBullTax discovers the infringing material itself, PitBullTax shall expeditiously remove, or disable access to, the material on the Website. PitBullTax shall then notify the poster of the removal via the information provided to PitBullTax by the poster. The poster may then provide a notice pursuant to the DMCA to PitBullTax that the material has been wrongly removed. If the objector provides a proper "counter-notice" claiming that the material does not infringe copyrights, PitBullTax shall promptly notify the poster of the objection. If the alleged copyright owner does not bring a lawsuit in district court within 14 days, PitBullTax will then restore the material to its location. If it is determined that the copyright holder misrepresented its claim regarding the allegedly infringing material, the copyright holder then shall be liable to PitBullTax for any damages that resulted from the improper removal of the material.

XV.   COMMUNICATIONS DECENCY ACT OF 1996 §230 DISCLOSURE

The Communications decency Act of 1996 §230 (“CDA”) provides immunity to Internet Service Providers and Internet Content Providers, such as the operator of the Website. The CDA provides immunity from liability for providers of an “interactive computer service” who publish information provided by others: No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider. Section 230(c)(1).

The CDA provides this Website with protection from statements made by people who post comments on our Website. Users are held accountable under the law for information content they write and are responsible for respecting the copyrights of others.

The Website will not be held liable for things such as federal civil rights violations, state law crimes, or common-law torts like defamation or invasion of privacy, for publishing that information on its site.

The Website will not provide you with any information concerning any individual who has posted information other than what that individual has voluntarily provided pursuant to his or her post. However, PitBullTax will comply with any subpoenas properly served on it unless there is a legal basis for quashing the subpoena.