Terms and Conditions for Tax 4 Trucks Fuel Tax Services

 Welcome to tax4trucks.com. You must agree to comply with and be bound by the terms and conditions of use for tax4trucks.com to continue browsing and making use of the services provided by all pages, documents, images and other content at tax4trucks.com. These terms and conditions together with our privacy policy govern tax4trucks.com’s relationship with you in relation to this website and other services that tax4trucks, inc. may provide you with. If you do not agree to the terms of this Agreement, you please navigate away from this website immediately. You are not authorized to use it. This agreement will use the terms ("Tax 4 Trucks", “tax4trucks.com”, "us", "we", "our") when referring to Tax 4 Trucks Inc., a Florida corporation. This agreement also refers to ("you", "your" or "user") as the person or business or other entity using or visiting this website. 1) tax4trucks.com allows you to use this website if you agree to all terms and conditions expressed in this document. The terms and conditions in this website may change at any time without notice. All changes will be posted on this page and it is the user’s responsibility to review it. 2) Tax4trucks.com. You may use: Tax4trucks.com fuel tax software application to prepare valid fuel tax returns, and after proper registration and any applicable payment, to print and save such fuel tax returns. 3) You are not allowed to do any of the following: (i) Attempt to access any other Tax 4 Trucks systems, programs or data that are not made available for public use; (ii) Copy, reproduce, republish, upload, post, transmit, resell or distribute in any way the material from this site or other sites associated to tax4trucks.com; (iii)Work around any technical limitations in our systems, use any tool to enable features or functionalities that are otherwise disabled in our systems, (iv) Perform or attempt to perform any actions that would interfere with the proper working of our systems, prevent access to or the use of the systems, software or services provided by Tax 4 Trucks' other users, or impose an unreasonable or disproportionately large load on Tax 4 Trucks' infrastructure (v) Otherwise use the tax4trucks website except as expressly allowed under this Section 2. 4) Tax 4 Trucks Accurate Calculations Guarantee. Tax 4 Trucks diligently works to ensure the accuracy of the calculations on every form prepared using Tax4trucks.com fuel tax preparation software. (i) If you are a registered user and you pay penalty and/or interest solely because of a calculation error on a form prepared for you using tax4trucks.com, and not as a result of, among other things, your failure to enter all required information accurately, willful or fraudulent omission or inclusion of information on your fuel tax return, misclassification of information on the fuel tax return, or failure to file an amended return to avoid or reduce an applicable penalty/interest after Tax 4 Trucks announced updates or corrections at tax4trucks.com in time for you to file an amended return, then Tax 4 Trucks will pay you in the amount of the penalty and/or interest paid by you. In this regard, you are responsible for keeping Tax 4 Trucks apprised promptly of any change in your email address so that you can be notified of such updates or corrections. You are responsible for paying any additional fuel tax liability you may owe and providing any other information Tax 4 Trucks reasonably requests. A "registered user" is a user from whom Tax 4 Trucks has received the information necessary to permit such person to print a fuel tax return prepared using the tax4trucks.com IFTA application and who complies with the terms and conditions of this Agreement. (ii) If you believe such a calculation error occurred, you must notify Tax 4 Trucks as soon as you learn of the mistake (and in no event later than 30 days after the penalty or interest is assessed) at webmaster@tax4trucks.com. Tax 4 Trucks will then contact you promptly to resolve the issue. To resolve your matter, Tax 4 Trucks may require your Tax 4 Trucks tax data file and other supporting information such as a copy of the taxing authority notice, evidence of payment of the specified penalty and/or interest, and a copy of your printed fuel tax return. 5) Tax 4 Trucks Services and Third Party Services (together "Services") Online Communities. (i) Our website may include a feature that allows you to exchange useful and helpful information with other users of Tax 4 Trucks ("Live Community"). Internet access is required to use Live Community. Please respect and interact with other users as you would in any public arena when using the Live Community feature. Exercise your judgment in evaluating and acting on (or ignoring) other users' Live Community sessions. Remember, due to the anonymous nature of the Internet, other Live Community users may not be who they say they are, know what they say they know or be affiliated with whom they say they are affiliated. (ii) You agree that Tax 4 Trucks does not endorse and is not responsible for the accuracy of the content in Live Community, and will not be liable for any damages incurred as a result of the submission or use of any such content. Live Community users may post hypertext links to content hosted and maintained by third parties. Tax 4 Trucks has no obligation to monitor these linked sites, and is not responsible for them. Your access to any linked sites is at your own risk, so use good judgment before you click on any link or access any linked site. Do not reveal information that you do not want to make public, such as by posting your contact information, social security number or email address while using Live Community. Tax 4 Trucks reserves the right to monitor the Live Community content and designate Tax 4 Trucks employees to act as monitors. Additionally, Tax 4 Trucks reserves the right to edit, remove or refuse to remove Live Community content in its sole discretion. (iii) Conduct. You agree not to upload, post or otherwise transmit any content (including but not limited to text, links, communications, software, images, sounds, data or other information) that contains: Inappropriate content such as: profanity, objectionable material of any kind, links to websites that contains information about illegal activity, information or software that contains a virus, Trojan horse, or other harmful or disruptive component. Spam such as: commercial solicitations, chain letters, securities offerings, repetitive, pointless or irrelevant postings. Attacks such as: "flaming" other participants in a manner that might incite or perpetuate a conflict or argument, creating usernames to attack other participants' identities, impersonating other individuals or falsely representing your identity or qualifications, postings that breach any users' privacy. 6) Feedback. Tax 4 Trucks may provide you with a mechanism to provide feedback, suggestions and ideas, if you choose, about its online products and services ("Feedback"), including Live Community. You agree that you are free to provide your opinion or suggestion to us. You agree that Tax 4 Trucks may, in its sole discretion, use the Feedback you provide to Tax 4 Trucks in any way, including in future modifications of the Software, multimedia works and/or advertising and promotional materials relating thereto. You hereby grant Tax 4 Trucks a perpetual, worldwide, fully transferable, irrevocable, royalty free license to use, reproduce, modify, create derivative works from, distribute and display the Feedback in any manner for any purpose. 7) Third Party Websites. The Software and Services may contain or reference links to websites operated by third parties ("Third Party Websites"). These links are provided as a convenience only. Such Third Party Websites are not under the control of Tax 4 Trucks. Tax 4 Trucks is not responsible for the content of any Third Party Website or any link contained in a Third Party Website. Tax 4 Trucks does not review, approve, monitor endorse, warrant, or make any representations with respect to Third Party Websites, and the inclusion of any link in the Software or Services is not and does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by Tax 4 Trucks or its Suppliers (defined below) of any information contained in any Third Party Website. In no event will Tax 4 Trucks be responsible for the information contained in such Third Party Website or for your use of or inability to use such website. Access to any Third Party Website is at your own risk, and you acknowledge and understand that linked Third Party Websites may contain terms and privacy policies that are different from those of Tax 4 Trucks and its Suppliers. Tax 4 Trucks is not responsible for such provisions and expressly disclaims any liability for them. You are responsible for providing, at your expense, any access to the Internet and any required equipment. Further, Tax 4 Trucks may, at any time, change or discontinue any aspect, availability or feature of the Services. 8) Payment & Collection. In the event you owe Tax 4 Trucks any amounts related to your licensing of Tax 4 Trucks and/or Services, Tax 4 Trucks reserves the right to seek collection of any amount unpaid. 9) User ID and Password Security. You are the only person authorized to use your user ID and password and for maintaining the confidentiality of your user ID and password. You shall not permit or allow other persons to have access to or use your user ID and password, except if you choose to provide that information to Tax 4 Trucks' authorized technical support personnel to assist you. You are responsible for the use of the Software under your user ID. Tax 4 Trucks will not disclose your password if you lose or forget it. You must create a user ID and password in order for you to generate your fuel tax return and/or retrieve data at a later date. You should confirm that the pricing for your use of the Software and/or Services has not changed, particularly if some time has passed between the date you start your fuel tax return and the date you finish and are ready to print, save and pay for it. 10) Privacy of Personal and Fuel Tax Return Information. At Tax 4 Trucks we place the highest importance on respecting and protecting the privacy of our customers. Our most important asset is our relationship with you. We want you to feel comfortable and confident when using our products and services and with entrusting your personal and fuel tax return information to us. You are responsible for protecting the information on your computer such as by installing anti-virus software, updating your software, password protecting your files, and not permitting third party physical or electronic access to your computer. 11) Satisfaction Guaranteed (or Guaranteed Easy). You may use the tax4trucks.com software without charge up to the point you decide to print your fuel tax return. Printing your return reflects your satisfaction with software, at which time you will be required to pay for the product. 12) DISCLAIMER OF WARRANTIES. EXCEPT AS EXPRESSLY PROVIDED IN OTHER SECTIONS OF THIS AGREEMENT, THE SOFTWARE AND SERVICES ARE PROVIDED "AS-IS" AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TAX 4 TRUCKS, ITS AFFILIATES, LICENSORS, THIRD-PARTY CONTENT OR SERVICE PROVIDERS AND SUPPLIERS (COLLECTIVELY, "SUPPLIERS") DISCLAIM ALL GUARANTEES AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SOFTWARE OR SERVICES, INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, QUALITY, TIMELINESS, AND NON-INFRINGEMENT. TAX 4 TRUCKS DOES NOT WARRANT THAT SOFTWARE OR SERVICES ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, OR OTHER PROGRAM LIMITATIONS. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN THAT EVENT, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO 60 DAYS FROM THE DATE OF PURCHASE OF SOFTWARE OR SERVICES, AS APPLICABLE. HOWEVER, SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. All warranties or guarantees given or made by Tax 4 Trucks with respect to Software or the Services (1) are solely for the benefit of you as the registered user of the Software and are not transferable, and (2) shall be null and void if you breach any term or condition of this Agreement. 13) LIMITATION OF LIABILITY AND DAMAGES. YOU UNDERSTAND THAT TAX 4 TRUCKS WILL NOT AUDIT OR OTHERWISE VERIFY ANY INFORMATION YOU PROVIDE, AND IS NOT RESPONSIBLE FOR ADDITIONAL FUEL TAXES, PENALTIES OR INTEREST THAT ARE ASSESSED AS THE RESULT OF INCORRECT, INCOMPLETE OR MISLEADING INFORMATION THAT YOU HAVE GIVEN TO TAX 4 TRUCKS IN CONNECTION WITH THE PREPARATION OF YOUR FUEL TAX RETURNS USING OUR SERVICES. EXCEPT FOR THE REIMBURSEMENT FOR CALCULATION ERRORS DESCRIBED IN SECTION 3. THE ENTIRE CUMULATIVE LIABILITY OF TAX 4 TRUCKS FOR ANY REASON ARISING FROM OR RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE SOFTWARE OR SERVICES DURING THE QUARTER SUCH LIABILITY AROSE, AS APPLICABLE, TO TAX 4 TRUCKS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TAX 4 TRUCKS AND ITS SUPPLIERS ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR FOR DAMAGES RELATING TO LOSS OF BUSINESS, TELECOMMUNICATION FAILURES, LOSS, CORRUPTION, SECURITY OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF PROFITS OR INVESTMENT, FUEL TAX POSITIONS TAKEN BY YOU, INABILITY TO FILE YOUR RETURN, DELAY IN PREPARING YOUR FUEL TAX RETURN, INCORRECT OR INCOMPLETE INFORMATION PROVIDED TO TAX 4 TRUCKS, ANY ACCESS TO, OR USE OF, YOUR PASSWORD AND USER ID BY AN UNAUTHORIZED PERSON, OR THE LIKE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY OR OTHERWISE, EVEN IF TAX 4 TRUCKS OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL TAX 4 TRUCKS BE LIABLE FOR ANY LOSS, COST, LIABILITY OR DAMAGE INCURRED AS A RESULT OF YOUR RECEIPT OF OR PARTICIPATION IN THIRD PARTY SERVICES OR THIRD PARTY WEBSITES. IN NO EVENT DOES TAX 4 TRUCKS ASSUME ANY LIABILITY TO ANY PARTY OTHER THAN YOU ARISING OUT OF YOUR USE OR INABILITY TO USE THE SOFTWARE OR SERVICES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN TAX 4 TRUCKS AND YOU. TAX 4 TRUCKS WOULD NOT BE ABLE TO HAVE PROVIDED TAX 4 TRUCKS ONLINE OR SERVICES WITHOUT SUCH LIMITATIONS. 14) Consent to Conduct Business Electronically ("Consent") (a) Consent to Electronic Communications. Tax 4 Trucks may be required by law to send "Communications" to you that may pertain to the Software, the use of information you may submit to Tax 4 Trucks and the Services you choose. Additionally, certain of the Third Party Services you choose, may require Communications with the third parties who administer these programs. You agree that Tax 4 Trucks, on behalf of itself and others who administer such Services (as applicable), may send Communications to you by email and/or may make Communications available to you by posting them at one or more of our sponsored websites, such as www.tax4trucks.com. You Consent to receive these Communications electronically. The term "Communications" means any notice, record, agreement, or other type of information that is made available to you or received from you in connection with the Software or the Services. (b) Consenting to Do Business Electronically. The decision whether to do business electronically is yours, and you should consider whether you have the required hardware and software capabilities needed. Your consent to do business electronically, and our agreement to do so, applies to this Agreement, the Software and any applicable Services. (c) Hardware and Software Requirements. In order to access and retain an electronic record of Communications, you will need: a computer, a monitor, a connection to an Internet service provider, an Internet browser software, and an e-mail address. By selecting the "I accept and agree to the terms of the License Agreement" button, you are confirming to us that you have the means to access, and to print or download, Communications. We do not provide ISP services. You must have your own Internet service provider. (d) Withdrawal of Consent. If you later decide that you do not want to receive future Communications electronically, e-mail us at webmaster@tax4trucks.com. If you withdraw your consent to receive Communications electronically, we may terminate your use of one or more of the Services. (e) Changes to Your Email Address. You agree to notify us promptly of any change in your email address. (f) Printing. You may print this document by clicking on the "Print License Agreement" button. 15) Miscellaneous. This Agreement (and any additional terms and conditions with which Tax 4 Trucks amends or supplements this Agreement), is a complete statement of the agreement between you and Tax 4 Trucks, and sets forth the entire liability of Tax 4 Trucks and its Suppliers and your exclusive remedy with respect to the Software and Services and their use. You agree that Tax 4 Trucks is not acting as your agent or fiduciary in connection with your use of the Software or any Services. The Suppliers, agents, employees, distributors, and dealers of Tax 4 Trucks are not authorized to make any additional representations, commitments, or warranties binding on Tax 4 Trucks. Any waiver of the terms herein by Tax 4 Trucks must be in a writing signed by an authorized officer of Tax 4 Trucks and expressly referencing the applicable provisions of this Agreement. Tax 4 Trucks shall not be liable for any default or delay in the performance of its obligations under this Agreement to the extent its performance is delayed or prevented due to causes beyond its reasonable control, such as acts of God, natural disasters, terrorist acts, war or other hostilities, labor disputes, civil disturbances, the actions or omissions of third parties, electrical or communication system failures, or governmental action. If any provision of this Agreement is invalid or unenforceable under applicable law, then it shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. This Agreement will be governed by Florida law as applied to agreements entered into and to be performed entirely within Florida, without regard to its choice of law or conflicts of law principles that would require the application of law of a different jurisdiction, and applicable federal law. The parties hereby consent to the exclusive jurisdiction and venue in the state courts in Miami-Dade County, Florida or federal court for the Southern District of Florida. Headings are included for convenience only, and shall not be considered in interpreting this Agreement. As used in this Agreement "including" means "including but not limited to." This Agreement does not limit any rights that Tax 4 Trucks may have under trade secret, copyright, patent or other laws. 16) Termination and Amendment. (a) Termination. Your rights under this Agreement may be terminated by Tax 4 Trucks immediately and without notice if you fail to comply with any term or condition of this Agreement or no longer consent to electronic Communications. Upon such termination, you must immediately cease using the Software. Any termination of this Agreement shall not affect Tax 4 Trucks' rights hereunder. (b) Amendment. Tax 4 Trucks shall have the right to change or add to the terms of this Agreement at any time, and to change, delete, discontinue, or impose conditions on any feature or aspect of Software upon notice by any means Tax 4 Trucks determines in its discretion to be reasonable, including posting information concerning any such change, addition, deletion, discontinuance or conditions in Software or on any Tax 4 Trucks sponsored web site, including www.tax4trucks.com. Any use of the Software by you after Tax 4 Trucks' publication of any such changes shall constitute your acceptance of this Agreement as modified. 17) U.S. Government Restricted Rights. The Software is a "commercial item," as that term is defined at 48 C.F.R. 2.101 (OCT 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (SEPT 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227-7202-1 through 227-7202-4 (JUNE 1995), all U.S. Government End Users acquire the Software with only those rights set forth herein. 18) Questions. You can contact Tax 4 Trucks, Inc. by e-mail at webmaster@tax4trucks.com if you have a question or concern about any product or service we sell over the Internet.