Terms of Service
By Purchasing and using Tax Saver
Network, a FORTUNE COOKIE CONSULTING, LTD. Product/service, software, services
and websites (referred to collectively as the services) you are entering into a
legal agreement between you and FORTUNE COOKIE CONSULTING, LTD..com,
hereinafter sometimes referred to as "FORTUNE COOKIE CONSULTING,
LTD.". Although executed by you through the internet or other electronic
communication, you understand and agree that this license agreement is
enforceable like any other written negotiated agreement.
You agree to the terms of this EULA
by receiving and/or using the Information (as defined below), and by selecting
the "ACCEPT" button below. IF YOU DO NOT AGREE WITH THE TERMS, SELECT
"CANCEL" BELOW, AND YOU MAY EXIT THE PURCHASE APPLICATION AND YOU
SHALL NOT BE CHARGED FOR THE SERVICES.
1. Scope of Use: You agree to use the Information
solely for personal use to review information and use planning tools for your
own use commercial purposes nor for service bureau, time-sharing or other
similar purposes unless explicitly permitted in writing by FORTUNE COOKIE
CONSULTING, LTD. to do so. You further agree not to modify, re-design, or
reverse engineer the Information or the FORTUNE COOKIE CONSULTING, LTD. system,
business process or copy, de-compile, re-compile, reverse engineer,
disassemble, attempt to derive the source code of, modify, or create derivative
works or translations of any of the software or business processes related
thereto. The Information may not be transferred or transmitted to any other
hardware, software, or user, unless, and except as, expressly permitted herein.
2. Restrictions: Without limiting the foregoing, you
may not (a) sublicense, transfer, assign, rent, lease, publish or otherwise
convey the Information, or any right with respect thereto, to any third party
unless such party is conducting or performing work strictly on your behalf for
a limited time; (b) disassemble, decompile or otherwise reverse engineer all or
any portion of the Information; (c) remove from the Information, or alter, any
of the trademarks, trade names, logos, patent or copyright notices or other
proprietary notices or markings, or add any other notices or markings to the
Information.
3. Ownership: The Information is the property of
FORTUNE COOKIE CONSULTING, LTD. and/or its licensors. The Information is
licensed, not sold, and you agree that the Information, and all intellectual
property and proprietary rights therein, including without limitation
copyright, patent, trade secret, and trademark/trade dress, are owned by
FORTUNE COOKIE CONSULTING, LTD. and /or its licensors. FORTUNE COOKIE
CONSULTING, LTD. and/or its licensors reserves title and all rights and
interests in and to the Information not expressly granted to you in Section 1
(Scope of Use), including without limitation all patent rights, copyrights,
trademarks, trade names, trade secrets and other intellectual property and
proprietary rights. There are no implied licenses under this Agreement, and all
rights not expressly granted are reserved by FORTUNE COOKIE CONSULTING, LTD..
4. Transfer: This license and any rights
hereunder are non-transferable. Any attempt to assign, license, sublicense, or
otherwise transfer this license to the Information, or any of the course data
provided by FORTUNE COOKIE CONSULTING, LTD. hereunder is in breach of this EULA
and a violation of the rights of FORTUNE COOKIE CONSULTING, LTD. and/or its
licensors. You may give, sell, assign or otherwise transfer your FORTUNE COOKIE
CONSULTING, LTD. Information to a third party, provided that: such transfer
shall not transfer any rights under this EULA, or any rights in the
Information; and the third party agrees to accept the terms and conditions of
this EULA. Any breach of this EULA or these restrictions on transfer may
subject you to prosecution and/or damages.
5. Disclaimer of Warranty: All Information is provided to you
"as is," and you agree to use it at your own risk. FORTUNE COOKIE
CONSULTING, LTD. and its licensors (and their licensors and suppliers) make no
guarantees, representations or warranties of any kind, express or implied,
arising by law or otherwise, regarding the Information, including but not
limited to, warranties of title, content, quality, accuracy, completeness,
effectiveness, reliability, MERCHANTABILITY, fitness for a particular purpose,
NON-INFRINGEMENT OF THIRD PARTY RIGHTS, usefulness, use or results to be
obtained from Information, or that the Information will be error-free. Some
states, territories and countries may not allow certain warranty exclusions, so
to that extent; the above exclusion may not apply to you.
6. Fortune Cookie Consulting, Ltd..com
services are not legal advice. FORTUNE COOKIE CONSULTING, LTD. is not practicing
law. FORTUNE COOKIE CONSULTING, LTD. is not a licensed real estate broker,
agent or appraiser. FORTUNE COOKIE CONSULTING, LTD. is not liable for any
errors and/or omissions with respect to any of the data supplied by
third-parties, including governmental agencies and departments. FORTUNE COOKIE
CONSULTING, LTD. will use best efforts to ensure that information obtained from
third-party sources is reliable but it cannot guarantee the accuracy or
completeness of any such information. FORTUNE COOKIE CONSULTING, LTD. DOES NOT
REPRESENT, WARRANT, PROMISE, OR GUARANTEE THAT AN ASSESSMENT APPEAL APPLICATION
PREPARIED WITH THE ASSISTANCE OF OUR SERVICES WILL BE TIMELY OR SUCCESSFUL,
THAT THE ASSESSED VALUE OF YOUR PROPERTY OR THE PROPERTY TAX YOU PAY WILL BE
REDUCED OR REFUNDED IN ANY AMOUNT OR PROPORTION, OR THAT THE ASSESSED VALUE OF
YOUR PROPERTY OR THE PROPERTY TAX YOU PAY WILL NOT BE INCREASED AS A RESULT OF
YOUR APPEAL APPLICATION. FORTUNE COOKIE CONSULTING, LTD. is not an agency,
department or instrumentality of any governmental agency or department. It is a
private company.
7. The results obtained as a result of
FORTUNE COOKIE CONSULTING, LTD.'s services are dependent upon various factors
beyond FORTUNE COOKIE CONSULTING, LTD.'s control and influence. You are
responsible for the accuracy of the information which you place into the
FORTUNE COOKIE CONSULTING, LTD. system.
8. Limitation of Liability: FORTUNE COOKIE CONSULTING, LTD. AND
ITS OFFICERS, DIRECTORS, AGENTS,SERVANTS, EMPLOYEES AND LICENSORS (INCLUDING
THEIR LICENSORS AND SUPPLIERS) SHALL NOT BE LIABLE TO YOU: IN RESPECT OF ANY
CLAIM, DEMAND OR ACTION, IRRESPECTIVE OF THE NATURE OF OR THE CAUSE OF THE
CLAIM, DEMAND OR ACTION, FOR ANY LOSS OF PROFIT, REVENUE, CONTRACTS OR SAVINGS,
OR ANY OTHER INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT
OF YOUR USE OF OR INABILITY TO USE THE INFORMATION, ANY DEFECT IN THE
INFORMATION, OR THE BREACH OF THESE TERMS OR CONDITIONS, WHETHER IN AN ACTION
IN CONTRACT OR TORT OR BASED ON A WARRANTY, EVEN IF FORTUNE COOKIE CONSULTING,
LTD. OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CUMULATIVE AND AGGREGATE LIABILITY OF FORTUNE COOKIE CONSULTING, LTD. AND ITS
LICENSORS (INCLUDING THEIR LICENSORS AND SUPPLIERS) UNDER THIS AGREEMENT SHALL
NOT EXCEED THE AMOUNT OF PAYMENT MADE BY YOU TO FORTUNE COOKIE CONSULTING,
LTD..COM. Some states, territories and countries do not allow certain liability
exclusions or damages limitations, so to that extent, the above may not apply
to you.
9. Governing Law and Venue: This EULA shall be shall be governed
by, construed and enforced in accordance with the laws of the State of New
Jersey, without respect to choice of law provisions. Any claim or controversy
arising out of or related to this Agreement or any breach hereof shall be
submitted to a court of applicable jurisdiction in the State of New Jersey,
County of Burlington and each party hereby consents to the jurisdiction and
venue of such court. In case any provision of this Agreement shall be invalid,
illegal or unenforceable, the validity, legality and enforceability of the
remaining provisions shall not in any way be affected or impaired thereby.
10. Entire Agreement; Amendment; Language: This EULA sets forth all
of the agreements and understandings between the parties with respect to the
subject matter hereof, and supersedes and terminates all prior agreements and
understandings between the parties with respect to the subject matter hereof.
There are no agreements or understandings with respect to the subject matter
hereof, either oral or written, between the parties other than as set forth
herein. No subsequent amendment, modification or addition to this EULA will be
binding unless in writing signed by an authorized representative of FORTUNE
COOKIE CONSULTING, LTD.. You will be notified of any such changes and by
continuing to use the services; you will indicate your acceptance of such
change. The official text of this EULA shall be in the English language, and in
the case of any dispute concerning the construction or interpretation of this
Agreement, reference will only by made to this Agreement as written in English
and not to any other translation into any other language.
Terms of Use of TaxSaverNetwork.com
Welcome to the web site (“Site”) operated by TaxSaver
Network (TSN) & Fortune Cookie Consulting, Ltd. We maintain this Site as a
service to its visitors. By using this Site, you are agreeing to comply with
and be bound by the following terms of use. Please review the following terms
carefully. If you do not agree to these terms, you have no right to obtain
information from or otherwise use this Site. Failure to use this Site in
accordance with the following terms of use may subject you to civil and
criminal penalties.
Introduction:
You agree
to the terms and conditions outlined in this Terms of Use Agreement
("Agreement") with respect to this Site. This Agreement constitutes
the entire and only agreement between us and you, and supersedes all prior or
contemporaneous agreements, representations, warranties and understandings with
respect to the Site, the content and computer programs provided by or through
the Site, and the subject matter of this Agreement. This Agreement may be
amended at any time by us from time to time without specific notice to you. The
latest Agreement will be posted on the Site, and you should review this
Agreement prior to each use of the Site.
Definitions:
TaxSaver Member means an
individual or company (Affiliate) that joins the network under the terms of
this agreement and for the fees promoted on our site. Members remain members
for the term of the membership they have selected and paid for. Members (affiliates)
can be individual investors or agents or professionals or companies or brokers
or anyone interested in information concerning real estate investors. Each
member (affiliate) is entitled to list an unlimited amount of listings on the
TaxSaver Network site for the term of their membership. TaxSaver Network
reserves the right to cancel anyone’s membership if they are not
complying with the rules of the site.
Copyright:
The
content, organization, graphics, design, compilation, magnetic translation,
digital conversion and other matters related to the Site are protected under
applicable copyrights, trademarks and other proprietary (including but not
limited to intellectual property) rights. The copying, redistribution, use or
publication by you of any such matters or any part of the Site, except as
allowed under "Limited Right to Use" below, is strictly prohibited.
You do not acquire ownership rights to any content, document or other materials
viewed through the Site. The posting by TaxSaver Network (TSN) & Fortune
Cookie Consulting, Ltd. of information or materials on the Site does not
constitute a waiver of any right in such information and materials.
Copyright and Service Mark Information:
Copyright
© TaxSaver Network (TSN) & Fortune Cookie Consulting, Ltd. all rights
reserved. Tax Axe Tools ® “Tax Free or No Fee”
and associated logos are protected trade and/or service marks of TaxSaver
Network (TSN) & Fortune Cookie Consulting, Ltd. in the United States and
other countries. All other trademarks are the property of their respective
owners. Subject to the terms of this agreement, TaxSaver Network (TSN) and
Fortune Cookie Consulting, Ltd. do grant a limited license to use its logo and
trademark for the purposes of promoting the TSN on the affiliates website.
TaxSaver Membership
Includes:
TaxSaver
network membership includes, unlimited consultation with an attorney or trained
mentor regarding issues concerning ownership and taxation of real estate for
one year from the date of joining the site. The service does not include any
legal representation of its members in any way whatsoever. TaxSaver Lite
service runs for 3 months from the date of joining, for use of the site and its
services including emailing questions to staff, but does not include any
personal consultations on the telephone. Both memberships include one listing
with contact information only in its professional locator which is searched by
State based on the location of an affiliate member’s physical location.
Members are permitted to list
unlimited property and loan listings of properties they want to expose and loan
terms they wish to list on our network. TaxSaver network is not responsible for
the accuracy, validity or conduct of any of its affiliate members and reserves
the right to cancel any affiliates membership at any point.
Representations:
Affiliate
hereby represents, warrants and covenants to TaxSaver that they are in good
standing with any licensing authorities, validly organized and in compliance
with all laws and regulations as are its employees, nor do they have any claims
filed against them.
Disclosures:
Tax Saver Network, its parent company Fortune Cookie Consulting, Ltd. and
its affiliated Company 1031 Exchange Advantage ™ is a qualified
intermediary as required by the IRS to facilitate your exchange and does not
provide legal or accounting services. All information contained herein is for
informational purposes only. Please consult your attorney or accountant for
legal or accounting advice. Any personal consultations performed by TaxSaver
network staff are not legal consultations nor does TaxSaver Network represent
any of its members as an attorney. Members are simply given the benefit of
TaxSaver network staff knowledge of certain legal accounting and investor
issues in the real estate marketplace.
TaxSaver
network does not recommend nor confirm or deny the services provided by other
members who may advertise on TaxSaver Network or receive listings in its
professional locator or list information with regard to properties and loans
for sale or professional services available.
Further,
use of the TSN “Prosper Section”, is done so, at the sole
discretion of the affiliate/ member. TSN nether endorses nor recommends the
services of any of its affiliate/members. Use of this section of the site is
done so with the full understanding that TSN is merely providing information,
some of which may not be accurate, if provided by an affiliate member
inaccurately.TSN is merely providing information and service provider data for
the convenience of its members, and members are encouraged to do their own
investigation prior to hiring any of the professionals or affiliate vendors
that appear on the site. You understand that Affiliate members, in some circumstances, may pay TSN a finder's fee or advertising charge for those members who utilize an affiliate service or investment product.
TaxSaver Network (TSN), is an information service of Fortune Cookie Consulting, Ltd. (FCC). FCC is not a licensed real estate broker, real estate agent, securities broker or broker of any kind and does not broker real estate transactions or investments. TSN does not act as a real estate agent for you or any other user or vendor affiliate. TSN does not sell, buy, or negotiate the purchase, sale, or exchange of real property or real estate investments. TSN merely provides information supplied by its vendor affiliates concerning real estate investments as part of an information service for its vendor affiliates and user members. All use of this information is governed under the terms of use for this site: www.taxsavernetwork.com.
In certain circumstances, TSN mentors or personnel, as part of consultations with its members, may provide general information as supplied to TSN by a vendor affiliate member, about a particular vendor affiliate's products or services. This information may include experiences TSN staff has had with a particular vendor but does not include specific information about a particular vendor's products or investments. Information supplied by TSN to its user/members is in no way meant to serve as a recommendation or independent endorsement of that vendor or its services. Each member is encouraged to investigate the information supplied by TSN fully and not to rely on the TSN information provided, if any. TSN is merely providing an advertising, information service which may include consultation about a type of investment but not a specific endorsement of any individual investment. Users understand that TSN does charge its vendor affiliates an advertising and membership charge based on the cost of marketing programs the advertiser participates in.
IN NO EVENT WILL TSN BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM ITS PERSONAL CONSULTATIONS WITH MEMBERS OR ITS TERMS OF USE OR YOUR USE OF THE SERVICES.
THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF USE, OR YOU HAVE ANY DISPUTE OR CLAIM AGAINST TSN ITS VENDOR AFFILIATES WITH RESPECT TO THESE TERMS OF USE OR THE SERVICES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.
Limited Right to Use:
The
viewing, printing or downloading of any content, video, audio, graphic, form or
document from the Site grants you only a revocable, nonexclusive license for
use solely by you for personal, noncommercial purposes limited to the use as is
reasonably required to view and listen to the content and navigate through the
pages and links generally available to the public using a standard Internet
browser and standard media player, and not for republication, distribution,
assignment, sublicense, sale, preparation of derivative works or other use. No
part of any content, graphic, form or document may be reproduced in any form or
incorporated into any information retrieval system, electronic or mechanical,
other than for your personal, noncommercial use (but not for resale or
redistribution).Except that members and affiliates may distribute the TaxSaver
network logo when provided same by TaxSaver network for distribution to third
parties or for use on affiliate website, provided affiliates accept and
acknowledge the terms of this agreement and that TaxSaver network’s logo
and trademarks are its intellectual property expressly licensed under this
agreement.
Editing, Deleting and Modification:
We reserve
the right in our sole discretion to change, edit or delete any documents,
information or other content appearing on the Site
Indemnification:
You agree
to indemnify, defend and hold TaxSaver Network (TSN) & Fortune Cookie
Consulting, Ltd.and its directors, officers, shareholders, employees, agents,
attorneys, advertisers, publishers, and affiliates (collectively, "Our
Affiliated Parties") harmless from any liability, loss, claim or expense,
including reasonable attorneys' fees, related to your use of the Site or
violation of this Agreement.
Nontransferable:
Your right
to use the Site is not transferable. Any password or right given to you to
obtain information or documents from the Site is not transferable.
WARRANTY
DISCLAIMER AND LIMITATION OF LIABILITY:
THE
COMPUTER PROGRAMS, INFORMATION AND OTHER CONTENT AVAILABLE FROM OR THROUGH THE
SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL
WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED. TO THE FULLEST EXTENT
PERMISSIBLE PURSUANT TO APPLICABLE LAW, TaxSaver Network (TSN) & Fortune
Cookie Consulting, Ltd.DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, (A) THAT ANY COMPUTER PROGRAMS OR INFORMATION AVAILABLE
FROM OR THROUGH THE SITE, OR THE SITE ITSELF WILL BE MERCHANTABLE OR FIT FOR A
PARTICULAR PURPOSE, (B) THAT ANY COMPUTER PROGRAMS OR INFORMATION AVAILABLE
FROM OR THROUGH THE SITE, OR THE SITE ITSELF WILL BE UNINTERRUPTED OR
ERROR-FREE, (C) THAT DEFECTS WILL BE CORRECTED, (D) THAT THERE ARE NO VIRUSES
OR OTHER HARMFUL COMPONENTS, (E) THAT THE SECURITY METHODS EMPLOYED WILL BE
SUFFICIENT, (F) REGARDING CORRECTNESS, ACCURACY, OR RELIABILITY, OR (G) AGAINST
INTERFERENCE WITH YOUR ENJOYMENT OF THE COMPUTER PROGRAMS OR INFORMATION, OR
AGAINST INFRINGEMENT. ALL 'INFORMATION' AND 'COMPUTER PROGRAMS' PROVIDED IN THE
COURSE OF THIS AGREEMENT ARE PROVIDED WITH ALL FAULTS, AND THE ENTIRE RISK AS
TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU AS THE
USER. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE
OF ANY INFORMATION OR OTHER CONTENT AVAILABLE FROM OR THOUGH THE SITE, OR THE
SITE ITSELF. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR
AFFILIATED PARTIES ARE NOT LIABLE FOR ANY COMPENSATORY, INDIRECT, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS,
LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT,
BREACH OF WARRANTY, TORT, PRODUCT LIABILITY OR OTHERWISE; NOR FOR ANY THIRD
PARTY CLAIMS OF ANY NATURE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
OR CLAIMS. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF
THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THE INFORMATION AND OTHER CONTENT
AVAILABLE FROM OR THROUGH THE SITE, AND THE SITE ITSELF, WOULD NOT BE PROVIDED
WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
YOU OBTAIN FROM US FROM OR THROUGH THE SITE SHALL CREATE ANY WARRANTY,
REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
Links to Other web Sites:
The Site
may now, or hereafter from time to time, contain links to third-party web
sites. We do not control, investigate, monitor or check such web sites, we are
not responsible for the computer programs available from, content in or
opinions expressed at such web sites, and we do not investigate, monitor or
check. We provide such third-party links only as a convenience to visitors of
the Site, and the inclusion of a link does not imply approval or endorsement of
the linked site by us. If you decide to leave the Site and access any
third-party web site, you do so at your own risk. While TaxSaver Network does
require that its affiliates state they are in good standing with all applicable
regulations in the area in which their services are performed prior to joining
the TaxSaver Network, we are not responsible for the level, quality nor actions
of any service provider that chooses to list itself on TaxSaver Network as an
affiliate. TaxSaver Network is neither endorsing nor recommending the services
of any of its affiliates. TaxSaver Network members do so at their own risk,
regardless of any advice, TaxSaver Network may or may not provide to its
membership concerning same.
Forward-Looking Statements:
The Site
may now, or hereafter from time to time, contain certain statements or
information with respect to (i) the projection of revenues, income, earnings
per share, capital expenditures, dividends, capital structure, or other
financial items relating to us; (ii) our plans, objectives and/or projections
for future operations, including those relating to our products or services;
(iii) our future economic performance; and (iv) other projections, estimates or
forward-looking statements relating to us. All such statements and information
are forward-looking statements within the meanings of Section 27A of the
Securities Act of 1933, as amended, and Section 21E of the Securities Exchange
Act of 1934, as amended. Such forward-looking statements are based upon, or
will be based upon, our judgment with respect to future events and are subject
to a number of uncertainties and risks that could cause actual results or
circumstances to differ materially from those expressed in the forward-looking
statements. For further detail and information concerning such risks and
uncertainties, please consult our reports and other documents and information
now and hereafter on file with the Securities and Exchange Commission.
Information and Press Releases:
The Site
contains interviews, discussions, press releases and other information
(collectively, "Information") about us, our business and our services,
including links to third-party websites that contain such Information, which
are being provided as a convenience to visitors of the Site. While all
Information prepared by TaxSaver Network (TSN) & Fortune Cookie Consulting,
Ltd.was believed to be accurate as of the date prepared, we disclaim any duty
or obligation to update any Information. Statements concerning companies other
than TaxSaver Network (TSN) & Fortune Cookie Consulting, Ltd.that are
contained in any such Information should not be relied upon as being provided
or endorsed by us. The opinions expressed in any Information, including by
employees and agents of 1031 Exchange Advantage ™ , are solely those of the
author(s) and do not necessarily reflect those of 1031 Exchange Advantage ™. With
respect to Information, contained in links to third-party websites, please
refer to "Links to other websites" above.
Export Control:
Any text,
logos, designs, graphics, images, sounds, information, documents, or other
materials (collectively, "Materials") available from or through the
Site are or may be subject to United States export controls. No such Materials
from this site may be downloaded or otherwise exported or re-exported (1) into
(or to a national or resident of) Cuba, Iran, Iraq, Libya, Sudan, Syria, North
Korea, or any other country to which the United States has embargoed goods; or
(2) to anyone on the U.S. Treasury Department's list of Specially Designated
Nationals or the U.S. Commerce Department's Table of Denial Orders (each, a
"Restricted List"). By using or downloading any Materials from the
Site, you are warranting that you are not located in, under the control of, or
a national or resident of any such country or on any Restricted List.
Visitors' Communications:
Except
where expressly provided otherwise by us, all comments, feedback, information,
or materials that you submit through or in association with the Site shall be
considered non-confidential. By submitting such comments, feedback,
information, or materials to us:
i. You
represent and warrant that 1031 Exchange Advantage's use of your submission
does not and will not breach any agreement, violate any law, or infringe any
third party's rights;
ii. You
represent and warrant that you have all rights to enter into this agreement;
iii. TaxSaver
Network (TSN) & Fortune Cookie Consulting, Ltd.is free to use in any manner
all or part of the content of any such communications on an unrestricted basis
without the obligation to notify, identify or compensate you or anyone else;
and
iv. You
grant TaxSaver Network (TSN) & Fortune Cookie Consulting, Ltd.all necessary
rights, including a waiver of all privacy and moral rights, to use all
comments, feedback, information, or materials, in whole or in part, or as a
derivative work, without any duty by TaxSaver Network (TSN) & Fortune
Cookie Consulting, Ltd. to anyone whatsoever.
We do not
accept unsolicited ideas, works, or other materials, and you acknowledge that
you are responsible for and bear all risk as to the use or distribution of any
such ideas, works, or materials.
TaxSaver
Network (TSN) & Fortune Cookie Consulting, Ltd. expressly prohibits the
scraping of email addresses from any TaxSaver Network (TSN) & Fortune
Cookie Consulting, Ltd.web site (including all areas of this Site - member and
non-member) and expressly opts out of receiving commercial electronic mail
messages to TaxSaver Network (TSN) & Fortune Cookie Consulting, Ltd. domain
email addresses that were obtained in violation of the foregoing or by use of
automatic address-generation software.
ADVERTISING:
In the event the affiliate either,
adds information to its listing provided in the membership, or pays additional
fees for a display banner on TaxSaver Network, TaxSaver Network reserves the
right to cancel or not approve any advertisement. The affiliate agrees to pay
the published rate for said banner advertisement and will not hold TaxSaver
network responsible for any liability or damages that may ensue from improper
copy being placed on said banner or for any technical difficulties which
prevent said ad from being viewed for any period of time. Affiliate will be
entitled to a refund of the cost of the ad only in the event technical
difficulties have caused the ad to be not viewable by TaxSaver Network
membership more than at least ten percent of the time period for which the
banner was purchased..
Electronic Acceptance of Terms:
This Agreement may be accepted by
member/affiliate and shall be fully enforceable though electronic
acknowledgement of terms at www.taxsavernetwork.com, upon
affiliate paying to join the network and each time affiliate/member signs on to
the site with username and password.
Entire Agreement:
This is the entire agreement that
exists between affiliates and TaxSaver Network.
Miscellaneous:
The Site
can be accessed from different locations around the world and may contain
references to TaxSaver Network (TSN) & Fortune Cookie Consulting, Ltd., and
programs that have not been announced where you are located. These references
do not imply that TaxSaver Network (TSN) & Fortune Cookie Consulting, Ltd.intends
to announce such products, services or programs where you are located. This
Agreement shall be treated as though it were executed and performed in San
Diego, California, and shall be governed by and construed in accordance with
the laws of the United States of America and of the State of California
(without regard to conflict of law principles). Any cause of action by you with
respect to the Site (and/or information, documents and other materials
contained therein) must be instituted within one (1) year after the cause of
action arose or be forever waived and barred. All actions shall be subject to
the limitations set forth under "Disclaimer" above. The language in
this Agreement shall be interpreted as to its fair meaning and not strictly for
or against you or us. You expressly submit to the exclusive personal
jurisdiction and venue of the Superior Court of San Diego County and the United
States District Court for the Southern District of California with respect to
all matters relating to this Agreement or your use of the Site, and consent to
extra-territorial service of process in connection therewith. Should any part
of this Agreement be held invalid or unenforceable, that portion shall be
construed consistent with applicable law and the remaining portions shall
remain in full force and effect. To the extent that anything in or associated
with the Site is in conflict or inconsistent with this Agreement, this
Agreement shall take precedence. Our failure to enforce any provision of this
Agreement shall not be deemed a waiver of such provision nor of the right to
enforce such provision.