WEBSITE GENERAL TERMS AND CONDITIONS OF SERVICE FOR PITBULLTAX.COM
TERMS APPLICABLE TO ALL USERS.
Welcome to the website (the “Website") of Negotiation Technologies, LLC (“NTL"), located at
www.pitbulltax.com (hereinafter referred to as
“PITBULLTAX.COM"). By using the Website and
software made available through the Website by NTL, (“Software"), whether through paid-for
access, promotional access or free trial access, you are agreeing to comply with and be bound
by the following terms of use and conditions of service (“Terms").
“User" (referred to as "you," "your," “yourself," or "user") is defined as any person accessing
the Website, and includes any person using the Software whether or not the Software is marked
PITBULLTAX or PITBULLTAX.COM. “Client" is defined as the person or persons authorizing the
User to obtain data through the Website or Software or enter data. Your use of the Website
and Software is governed by these Terms. NTL may, in its sole discretion, modify or revise
the Terms 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 as modified. We encourage you to review these Terms each time you use this Website.
If you do not accept and abide by these Terms, you may not use the Software or the services
on this Website. Nothing in these Terms shall be deemed to confer any third-party rights or
benefits.
NTL reserves the right to change any information on this Website including but not limited to
revising, adding 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 NTL assumes
no responsibility of any kind for the content, availability, any injury, damage or otherwise.
(See "Links from and to this Website" below.) The content presented at this Website may vary
depending upon your browser limitations.
USER CONDUCT
Your registration with the Website and your use of the Software is for your sole, personal use.
NTL herein grants a terminable, non-exclusive license to User only to use the Website and
Software.
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 any information
provided by you is untrue, inaccurate, not current or incomplete, NTL has the right to
terminate your account and refuse any and all current or future use of the Website or Software
without refund. You agree not to resell or transfer any right to the use of or access to the
Website. If you intend to use the Website for multiple users within the same organization,
you must purchase a multi-user license. In connection with your use of the Website, you
warrant that in the use of this Website, and any programs or applications accessed or
downloaded from this Website, you:
Are at least eighteen (18) years of age;
Will not 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;
Will not 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 right holder;
Will not submit content that contains viruses, Trojan horses, spyware, malware or other
malicious technologies that could damage the operation of the Website, computers,
networks, or other devices of NTL or others. Further, you may not use the Website for
phishing or similar scams;
Will not access, download or copy any information contained on our Website through
artificial means (including but not limited to spiders, hacking devices, TOR Browsers,
PROXY, VPNs, computer
programs, bots or other such means);
Will not authorize, through any means including, but not limited to, the administrator
function of the software of the Website, the access of IRS transcripts by any employee,
agent or contractor of the user of the Website or Software, except to the individual or
individuals properly authorized by the IRS, the person who is the subject of the IRS
transcripts and the Client.
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,
NTL 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.
NTL has no obligation to monitor the Website or usage of the Software. NTL 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 NTL has the right to monitor the Website and
Software 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. NTL reserves the
right to intentionally monitor and to disclose any private electronic-mail message. NTL
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.
TERMS REGARDING INFORMATION PROVIDED
If you provide false and/or misleading information to NTL through the registration process
of pitbulltax.com or any Software made available through the Website by NTL, your license to
use the Website and the Software accessed herein will be immediately and automatically
terminated and all monies paid will be forfeited. Certified Public Accountants (“CPAs"),
attorneys, enrolled agents and those admitted to practice before the IRS accessing and using
the Website and the software contained herein must comply with all applicable laws and rules
governing the profession in their state.
The Website provides Software which in turn provides access to IRS electronic services. NTL
is not responsible for the provision of electronic services by the IRS e-services. If, in the
event the IRS discontinues or changes one or more of the electronic services which may be
accessed by the Website or Software, then NTL shall not be responsible for the lack of access
to IRS electronic services and no refunds shall be given to licensees.
NON-CIRCUMVENTION
By using the Website and the Software, you agree and guarantee that you shall not by-pass, compete,
avoid, circumvent, or attempt to circumvent NTL's security provisions relative to the Website and
the Software, including utilizing any of the information or by otherwise exploiting or deriving any
benefit from the information gained by access to this site.
JURISDICTION
This Website is directed to users located in the United States. Those who access this Website
from other locations do so at their own risk and are responsible for compliance with local laws.
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,
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 shall be brought solely in the proper court of general jurisdiction in
the State of Florida. The failure of NTL to exercise or enforce any right or provision of the
Terms shall not constitute a waiver of such right or provision. If any provision of the Terms 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 remain in full force and effect.
INTELLECTUAL PROPERTY
NTL is the owner and/or authorized user of any trademark, registered trademark and/or service
mark (“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. You may not download and/or save a copy of any of the screens except as a display
provided by the Website or Software, or as otherwise provided in these Terms, for any purpose
other than those stated in these Terms. You may print a copy of the forms provided on the
Website and information on this Website for your personal use or records. Also, you shall
not use any Mark of NTL or any confusingly similar mark to NTL Marks, or confusingly similar
color schemes, websites, social media presence as NTL. If you make other use of this Website,
except as otherwise provided above, you may violate copyright and other laws of the
United States, and/or other countries. NTL 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. You may not copy,
modify, distribute, transmit, display, reproduce, publish, or license any part of this Website.
You may only install the Software in accordance with the license provided herein and as
otherwise provided specifically with the Software. You may not otherwise copy, modify,
distribute, transmit, display, reproduce, publish, or license any part of this Website or the
Software. You may not create derivative works from or sell any information obtained from this
Website with the prior written permission of NTL. You may not use the Website or Software in
any manner that infringes on the rights of any third party.
A “white label" product or service is a product or service produced by one company
(the producer) that other companies rebrands to make it appear as if they had made it. NTL
may offer the Software as a white label add-on. If you license the Software as a white label
add-on, you agree that NTL shall not be liable for third party claims, and you further agree
to indemnify NTL for all third party claims, arising from your use of the Software as a white
label product, including, but not limited to, claims for intellectual property infringement.
COPYRIGHT AND TRADEMARK POLICY/DIGITAL MILLENNIUM COPYRIGHT ACT DISCLOSURE
NTL 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 NTL, 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.
NTL respects the intellectual property rights of others and expects our users to do the same.
If you believe any content on this Website infringes your intellectual property, or the
intellectual property rights of any third party, please contact us. NTL's Copyright Agent
can be reached at:
Stephen Gillman, Esq.
Shutts & Bowen LLP
200 South Biscayne Boulevard Suite 4100
Miami, FL 33131
Once notice is given to NTL, or in circumstances where NTL discovers the infringing material
itself, NTL shall expeditiously remove, or disable access to, the material on the Website. NTL
shall then notify the poster of the removal via the information provided to NTL by the poster.
The poster may then provide a notice pursuant to the DMCA to NTL that the material has been
wrongly removed. If the objector provides a proper "counter-notice" claiming that the material
does not infringe copyrights, NTL shall promptly notify the poster of the objection. If the
alleged copyright owner does not bring a lawsuit in district court within 14 days, NTL 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 NTL for any damages that resulted from the improper removal of the
material.
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. NTL provides hyperlinks to
third party websites only for convenience. These links do not constitute an endorsement by NTL
of any third party content. You agree that NTL is not responsible for any content, services and/or
products provided by any third party website. NTL disclaims any harm, including without limitation,
harm related to your personal information that may arise out of your access to third party
websites. When you access any third party website through a hyperlink posted on the Website, you
acknowledges that it does so only under any terms and conditions of use and other policies of such
third party website. NTL's Terms and other policies do not apply to any third party website. You
acknowledge and agree that NTL has no responsibility for the accuracy or availability of
information provided by linked sites. You may not link to this Website without NTL's prior
written consent.
LIMITATION OF LIABILITY AND DISCLAIMERS
THE WEBSITE AND SOFTWARE ARE 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, NTL 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 NTL 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.
FOR EXAMPLE, NO LIABILITY SHALL ARISE FOR ANY USE BY A USER OF ANOTHERS TRADEMARKS, TRADE
DRESS OR OTHER INTELLECTUAL PROPERTY.
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 NTL, 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.
NTL PROVIDES THE INFORMATION ON THIS WEBSITE AND SOFTWARE AS A SERVICE TO ITS USERS. NTL IS
NOT IN ANY WAY RESPONSIBLE OR LIABLE FOR THE OUTCOME OR COST OF ANY TAX RESOLUTION SERVICES OR
FOR THE QUALITY OF THE WORK OF THE USER PROVIDING SUCH SERVICES.
DUE TO THE RAPIDLY CHANGING NATURE OF THE INTERNAL REVENUE SERVICE TAX CODE, COURT CASES, IRC
REGULATIONS, REVENUE RULINGS AND THE INTERNAL REVENUE MANUAL, NTL 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 NTL 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.
NOTWITHSTANDING THE FOREGOING, NOTHING IN THIS SECTION SHALL AFFECT WARRANTIES WHICH ARE
INCAPABLE OF EXCLUSION OR RESTRICTION UNDER APPLICABLE LAW.
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.
INDEMNIFICATION
You agree to defend, indemnify and hold NTL 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 by you or users of your account.
FAILURE TO COMPLY WITH TERMS AND CONDITIONS
You acknowledge and agree that NTL 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
NTL in its sole discretion believes violate any of the terms and conditions, violate the rights
of NTL, or is otherwise inappropriate for continued access. NTL 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 NTL may in its sole discretion deny you access through NTL to
any materials stored on the Internet, or to access third party services, merchandise or
information on the Internet through NTL, and NTL 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.
PRIVACY
NTL 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.
PAYMENT
NTL will charge you a licensing fee and add-on fees in order to provide access to the Website
or for use of the Software or add-ons (together, “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 Website or Software. The price for
your use of the Website or Software is established at the time you pay for it.
Services and/or content on the Website, whether offered by NTL, 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 these services. For services offered on a payment or subscription basis, the
following terms apply, unless NTL 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 NTL;
A valid debit card acceptable to NTL; or
By another payment option NTL 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 NTL 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 NTL reserves the right, at any time, to modify its License Fee and
billing methods. NTL 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 thirty
(30) 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, download any Software from the Website or
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 NTL 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 upon 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.
WAIVER
Any failure by NTL to enforce any provision of these Terms shall not be construed as a continuing
waiver of any rights under such provision.
SUCCESSORS, AGENTS AND ASSIGNS
All rights of enforcement in these Terms may be enforced by the Successors, Agents and Assigns
of NTL.
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 NTL. 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 pursuant to Section
230(c)(1) of the CDA.
The CDA provides this Website with protection from statements made by people who post comments
on the Website. Users are held accountable under the law for information content they write and
are responsible for respecting the copyrights of others.
NTL 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.
NTL 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, NTL will comply with any subpoenas properly served on it unless there is a legal
basis for quashing the subpoena.
PRIVACY POLICY INCORPORATED
The
Privacy Policy found on this Website is also incorporated as part of
the Terms herein.
