Terms and Conditions

This website, any service of the website, and its content ("website") are owned and operated by Denebrook Software LLC ("owner").

These terms and conditions ("terms") govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

IRS Circular 230 Disclosure

Any tax-related information in website is not tax advice, and not intended or written to be used, and cannot be used, by any taxpayer for the purpose of avoiding tax penalties or for promoting, marketing, or recommending to another party any transaction or matter addressed herein. Any user of this website should seek the advice of a tax professional regarding their particular circumstances.

The owner makes no claims, promises, or warranties about the accuracy of the information provided herein. Tax advice cannot be provided on a general basis, and must be specifically tailored for each individual by his or her representative. Everything included herein is the owner's opinion and not a statement of fact.

License to use the website

Unless otherwise stated, the owner and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

  • republish material from this website (including republication on another website);
  • sell, rent or sub-license material from the website;
  • show any material from the website in public;
  • reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;

Grant of rights for a personal license

In the case of a personal subscription, the owners grants you a single user ("personal"), limited, non-exclusive, non-transferable license to access and use the website in strict accordance with these terms and the features included in the subscription plan. This personal license is for your personal use only and may not be shared in any way. A personal license must not be used in relation to any business or commerce unless granted as part of a business license. You agree to notify the owner immediately of any unauthorized access to or use of your user name or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. The owners have the right to disable any user name, password or other identifier, whether chosen by you or provided by them, at any time if, in their opinion, you have violated any provision of these terms. These terms do not grant you the right to use any of the owner's trademark, service mark or logo for any purpose whatsoever or any intellectual property owned by the owner other than as expressly permitted by these terms.

Grant of rights for a commercial license

In the case of a business subscription, the owners grants you a commercial ("business"), limited, non-exclusive, non-transferable license in strict accordance with these terms and the features included in its subscription plan. This business license is for use only by the registered company or organisation and may not be shared in any way. Access to the website is limited to the number of agents described within the business subscription plan and grants a single user, commercial, personal license to each agent. You agree to notify the owner immediately of any unauthorized access to or use of any user name or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. The owners have the right to disable any user name, password or other identifier, whether chosen by you or provided by them, at any time if, in their opinion, you have violated any provision of these terms. These terms do not grant you the right to use any of the owner's trademark, service mark or logo for any purpose whatsoever or any intellectual property owned by the owner other than as expressly permitted by these terms.

All licences, free or paid, are personal licenses unless otherwise stated. Any prior access granted to the website is considered a personal license.

Accessing the website

The owner does not guarantee the the website, any content on it, or any of its services, will always be available or be interrupted. Access to the website is permitted on a temporary basis. The owner may suspend, withdraw, discontinue all or any part of the website without notice. The owner will not be liable to you if, for any reason, the website is unavailable at any time or for any period.

You are responsible for making any and all arrangements as necessary to access the website.

You are responsible for ensuring that all persons who access the website through your internet connection are aware of these terms and conditions and any other applicable terms and conditions, and they they comply with them.

The owner may disclose aggregated and non-personal information, such as usage and data statistics of the website.

Changes to the website

The owner may update, alter, or modify the website from time to time. Any content on the website may be out of date at any given time and the owner is under no obligation to update it. The owner does not make any claims, promises, warranties or guarantees about the accuracy, correctness or effectiveness of the website.

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without the owner's express written consent.

You must not use this website for any purposes related to marketing without the owner's express written consent.

Restricted access

Access to certain areas of this website is restricted. The owner reserves the right to restrict access to areas of this website, or indeed this entire website, at the owner's discretion.

If you use a login and/or password to enable you to access restricted areas of this website or other content or services, you must ensure that the login and password are kept confidential.

The owner may disable your login and password in their sole discretion without notice or explanation.

Personal Information

The website may collect personal information that can be used to contact or identify you ("personal information").

All personal information stored by the website is only accessible by the owner or authorised employees. Personal information is only used by the owner as part of its legitimate business and is only shared with third parties where necessary to complete a transaction.

This personal information is or may be used:

  • to provide and improve the website;
  • to administer your use of the website;
  • to personalize and improve your experience of the website;
  • and, to provide or offer software updates or product announcements.

The owner may, from time to time, communicate with your regarding information about the website. If you no longer wish to receive communications, you must opt-out using your account settings.

Cookies

The website makes use of cookies to collect information. A cookie is a small data file that is transferred to your computer or device. The website may use persistent cookies to save your session information for future access to the website. Use of session cookies enable certain features of the website to better understand how you interact with the website and to monitor aggregate usage. You can instruct your browser, by changing its options, to stop accepting cookies or to prompt before accepting a cookie from the websites you visit. However, if you do not accept cookies you may not be able to use all aspects of the website.

Third-Party Cookies

The website may make use of third-party cookies in order to promote the website through third-party advertising networks. The website uses third party technologies to collect conversion tracking data and enables the collection of data for remarketing purposes. Twitter users can opt out of tracking by account settings through the Twitter application. Other user can disable third-party cookies through their internet browser settings.

Google Analytics

The website collects potentially personally-identifying information using Google Analytics. The analytics feature is based on Display Advertising (e.g. Remarketing, Google Display Network Impression Reporting, the Doubleclick Campaign Manager integration, or Google Analytics Demographics and Interest Reporting). Visitors can opt-out of Google Analytics for Display Advertising and customer Display Network ads using Google Ads Settings.

The website will not facilitate the merging of personally-identifiable information with non-personal identifiable information previously collected from Google Display Advertising features that is based on the DoubleClick cookie unless there is robust notice of, and the user's prior affirmative (i.e. opt-in) consent to that merger.

Visitors may choose to opt-out of Google Analytics tracking with the Google Analytics opt-out browser add-on.

The website uses the Google Analytics Demographics and Interest Reporting feature to identify trends in the usage of its website, which may be published in reports for internal use.

User content

In these terms and conditions, "your user content" means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to the owner a worldwide, irrevocable, non-exclusive, perpetual, royalty-free license to use your user content for the purposes of research, development and maintenance of the website.

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or the owner or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

The owner reserves the right to edit or remove any material submitted to this website, or stored on the owner's servers, or hosted or published upon this website.

As part of the use of the website you may upload login, api, access or information to an account of a third-party website ("logins"). You grant the owner full rights to use these logins as a necessary part of the website's functionality. You are fully responsible for the security of the logins and any use thereof. You agree to indemnify and hold the owner harmless from any breach by you and any claim or demand brought against the owner by any third-party arising out of your use of the logins or the website, and/or any content submitted, posted or transmitted by you or on your behalf, including without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by the owner.

Notwithstanding the owner's rights under these terms and conditions in relation to user content, the owner does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

No warranties

This website is provided "as is" without any representations or warranties, express or implied. The owner makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, the owner does not warrant that:

  • this website will be constantly available, or available at all; or
  • the information on this website is accurate, complete, true, error-free, up-to-date or non-misleading.

The website is provided for information purposes only. Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal or financial matter you should consult an appropriate professional.

Payments, Taxes and Refund Policy

You agree that if you purchase a product, plan or service through the website, the owner may charge for that amount and and additional amounts as applicable. Your total price will include the price of the purchase plus any applicable sales tax; such sales taxes may are based on the owner's address in WA, USA, and your known location at the time of purchase.

Due to the nature of the website, all sales are final.

Prices for products, plans and services offered via the website may change at any time, and the owner or website do not provide price protection or refunds in the event of a price reduction or promotional offering.

Linking to the website

You may link to the website's home page, provided you do so in a way that is fair and legal and does not damage the owner's reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on the owner's part where none exists.

You must not establish a link to the website or any website that is not owned by you.

The website must not be framed (displayed or loaded) on any other website.

The owner reserves the right to withdraw linking permission without notice.

Third-party links and resources

Where the website contains links to other websites and resources provided by third parties, these links are provided for your information only.

The owner has no control over the contents of those sites or resources and does not endorse or suggest any affiliation with them.

Requests for data

The owner will never disclose contents of your account or release other non-public information about any user except as lawfully required by a warrant, subpoena, or other court order.

The owner will notify you using your registered email of any requests for your account information prior to disclosure unless prohibited from doing so by statute or court order.

Since the website's launch, on 1st February 2014, the owners have not received or complied with any government requests for information.

Limitations of liability

The owner will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  • to the extent that if you use the website free-of-charge, for any direct loss;
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if the owner has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit the owner's liability in respect of any:

  • death or personal injury caused by the owner's negligence;
  • fraud or fraudulent misrepresentation on the part of the owner; or
  • matter which it would be illegal or unlawful for the owner to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.

Other parties

You accept that, as a limited liability entity, the owner has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against the owner's officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect the owner's officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as the owner.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify the owner and undertake to keep the owner indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by the owner to a third party in settlement of a claim or dispute on the advice of the owner's legal advisers) incurred or suffered by the owner arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to the owner's other rights under these terms and conditions, if you breach these terms and conditions in any way, the owner may take such action as the owner deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

The owner may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

The owner may transfer, sub-contract or otherwise deal with the owner's rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions constitute the entire agreement between you and the owner in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with laws of the United States, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of the state of Washington and you irrevocably consent to the jurisdiction of such courts.

2015-07-28