Kowal Tax Clinic | (888) 477-0060
The Privacy Practices for Kowal, Inc.
Terms of Service Agreement
1. Notice/Acceptance of Terms
You may print this Agreement or you can download this Agreement onto your computer. To the extent that you use particular KTC services, you are subject to the applicable agreements (“Supplemental Agreements”) and any posted guidelines or rules applicable to such services. All such guidelines, or rules, are hereby incorporated by reference into this Agreement. Where a conflict exists between this Agreement and any of the Supplemental Agreements, the provisions of the applicable Supplemental Agreement shall govern.
The disclaimers, terms and conditions on these pages are of general application and may be supplemented by additional disclaimers, guidelines, rules, terms or conditions of specific application on any particular page of this Site.
KTC may modify this Agreement at any time. Any modifications made to this Agreement will be effective immediately upon posting on the Site. By accessing or using this Site, you agree to be bound by all of the terms and conditions of the Agreement as posted on the website at the time of your access or use. You agree to review the Agreement posted on the website each time you use the website so that you are aware of any modifications made to the Agreement. If you do not agree to the Agreement, you are not authorized to access or use the Site. Your failure to comply with the Agreement will constitute breach of contract and may violate JKH’s copyright, trademark, and/or other proprietary and/or intellectual property rights.
KTC is a Delaware corporation. Products and services promoted throughout the Site are offered by the various operating subsidiaries and affiliates of KTC.
2. Description of Service / Non-Disclosure of Information
Your privacy is important to KTC and we adhere to a strict policy of confidentiality.
3. Intellectual Property
(a) Copyright. KTC owns the Site and owns or has rights to use all of the content on the Site, including without limitation all text, images, graphics, photographs, video clips, designs, icons, wallpaper, characters, artwork, sounds, information, software, data and other materials, and all HTML design, layouts, configurations, CGI and other code and scripts in any format used to implement the Site (the “Content”), all of which are protected by copyright. You may use the Content only for limited personal, noncommercial, informational purposes, and may, subject to any expressly stated restrictions or limitations relating to specific material, print out a single copy of the Content solely for those purposes, if the copy bears all copyright and other intellectual property and proprietary notices displayed on the web page. You may not distribute, publish, transmit, modify, create derivative works from, or in any way exploit, any of the Content, in whole or in part, for any purpose without the prior express written consent of KTC. Additionally, framing pages or parts of pages on the Site and deep linking to pages in the Site are prohibited.
(b) Trademarks. KTC either owns or has obtained permission from the owner to use all of the content on this Site. The names, graphics, logos, icons, designs, words, titles and phrases on this Site constitute trademarks, trade names, trade dress and/or associated products and services of KTC or its affiliates. The trademarks, trade names, trade dress and associated products and services represented on this Site are protected under United States and international law and their display on this Site does not convey or create any license or other rights in these trademarks, trade names, trade dress and associated products and services. Any use of them without prior written authorization of KTC is strictly prohibited.
The trademarks for all products or services mentioned on this Site which are not those of KTC, are the trademarks of their respective owners. The display of these trademarks or trade names on this Site does not convey or create any license or other rights in these trademarks or trade names. Any unauthorized use of them is strictly prohibited.
(c) Rights of User. Except as expressly provided above, you are not being granted a license under any copyright, trademark, service mark, patent or other intellectual property or proprietary right in the Content, and nothing herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark, copyright or other proprietary, intellectual, or other right of KTC, its affiliates, or any third party. Under no circumstances will you obtain any rights in the products, services, processes or technology described in the Content. All of those rights are retained by KTC, its affiliates and any third party owners of those rights.
(d) Copyright Infringement Claims. If you are a copyright owner and believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, please provide us with notice containing the following information: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work or works claimed to have been infringed, (iii) identification of the material that is claimed to be infringing and a description of where the material that you claim is infringing is located on the Site; (iv) your address, telephone number, and e-mail address; (v) a written statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with these requirements shall not be considered sufficient notice and shall not be deemed to confer upon KTC actual knowledge of facts or circumstances from which infringing material or acts are evident. Written notice must be sent to: Kowal, Inc. 177 Avenue B, Bayonne, NJ 07002. Attention: Legal.
Any unauthorized copying, redistribution, reproduction or modification of the contents of this Site by any person may be a violation of federal or common law, trademark and/or copyright laws and could subject such person to legal action.
4. Modifications to Site
KTC reserves the right to modify, suspend or discontinue, temporarily or permanently, the Site (or any part thereof) from time to time, for any or no reason and without notice. You agree that KTC shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site. The information and materials contained on the Site are subject to change.
5. References to Other Companies and Links to Other Websites
6. Transactions with Third Parties
Your correspondence or business dealings with, or participation in promotions of, advertisers or third parties found on or throughout the Site, including, without limitation, with respect to the payment and delivery of related goods or services and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third parties and are not binding upon nor constitute obligations of KTC. You agree that KTC shall not be responsible or liable for any actions, losses, damages, liabilities, claims, judgments, costs or expenses of any nature or kind (collectively, “Claims”) incurred as the result of any such dealings or as the result of the presence of such third parties on the Site, and you agree to indemnify KTC and its affiliates from and against any Claims incurred as the result of any such dealings.
7. Disclaimer of Warranties
Except as expressly provided otherwise in an applicable Supplemental Agreement, KTC disclaims any and all responsibility or liability for the timeliness, sequence, quality, accuracy, content, completeness, legality, reliability, operability or availability of information or material contained on the Site. The Site may contain inaccuracies and/or typographical errors. KTC disclaims any responsibility for the deletion, failure to store, failure to update, misdelivery, or untimely delivery of any information or material in respect of the Site or the use thereof.
KTC does not operate, control, endorse, warrant or guarantee any information, products, or services that are not clearly identified as information, products, or services supplied by KTC. KTC also does not warrant or guarantee that the Site shall be error-free, virus-free, or uninterrupted. KTC and its content providers cannot and do not guarantee or warrant against errors, omissions, delays, interruptions or losses, including loss of data.
Any communications provided to you via this Site and the contents of this Site (including, without limitation, any financial market data and tax information) are provided for informational and educational purposes only and are not intended to provide legal, investment, tax or accounting advice and should not be relied upon in that regard. Your financial and tax situation may be unique and therefore you should independently consult a tax advisor such as a KTC advisor.
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE HEREIN OR IN AN APPLICABLE SUPPLEMENTAL AGREEMENT, ALL PRODUCTS AND SERVICES OFFERED ON THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES ARE EXPRESSLY DISCLAIMED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, AS WELL AS ANY WARRANTY OF QUALITY, FUNCTIONALITY, ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, OPERABILITY, USE, PERFORMANCE OR ABSENCE OF VIRUSES. KTC AND ITS DATA PROVIDERS DISCLAIM ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE PRODUCTS AND SERVICES PROMOTED ON THE SITE. KTC AND ITS DATA PROVIDERS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE SITE OR THROUGH ANY LINKS PROVIDED ON THE SITE.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS AND SERVICES IS DONE SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY CLAIMS, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA, THAT RESULT FROM DOWNLOADING OR OTHERWISE OBTAINING SUCH MATERIAL. YOU ASSUME ALL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM THE USE OF THE SITE.
Some states do not allow the exclusion of implied warranties, so some of these exclusions may not apply to you.
8. Limitation of Liability
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE HEREIN OR IN AN APPLICABLE SUPPLEMENTAL AGREEMENT, In no event shall KTC , ANY OF KTC'S AFFILIATES, DATA PROVIDERS OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, DELIVERING OR MANAGING THE CONTENT OF THIS SITE (collectively the “Site providers”), be liable to YOU or any third party for any CLAIMS whatsoever, in contract, tort, strict liability, or otherwise, including, without limitation, direct, indirect, special, incidental, punitive OR consequential DAMAGES (including, without limitation, any lost revenues, lost profits, lost opportunities, loss of prospective economic advantage) arising out of or in connection with the use or performance of this Site, Any communications sent to you via this Site or otherwise from KTC (including, without limitation, in the form of electronic mail or via telephone), or information available from this Site, including, without limitation, any damages suffered as a result of omissions or inaccuracies in such information, the transmission of confidential or sensitive information to or from the Site providers, and inconvenience, delay or loss of use of the service, even if any one of or all of the Site providers is advised of THE possibility OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, the Site providers assume no liability or responsibility for damage or injury to persons or property arising from any use of any product, information, idea, or instruction contained in the content of this Site.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so parts of the above limitation or exclusion may not apply to you.
You agree to indemnify and hold harmless KTC and its affiliates from and against any and all Claims arising out of or relating to: (i) User Content you submit, post to or transmit through the Site; or (ii) your violation of any rights of any other person in connection with the Site.
10. Other Agreements
(a) Governing Law. This Agreement shall be governed by the laws of the State of Delaware, without regard to conflicts of law provisions. The parties agree that the exclusive jurisdiction of any dispute arising out of, or relating to, this Agreement or any dispute arising out of, or relating to, this Agreement or services provided in connection therewith shall be in the state and federal courts located in the county of New Castle, State of Delaware.
(b) Entire Agreement. This Agreement, along with any Supplemental Agreements, is the entire and exclusive agreement between the parties, and it supersedes all previous communications, representations or agreements, either oral or written, between them with respect to this subject matter. No representations or statements of any kind made by any employee or affiliate of KTC, which are not included in this Agreement, shall be binding on KTC or its affiliates.
(c) Waiver. KTC’s failure to insist upon or enforce strict performance of any provision of this Agreement or any right shall not be construed as a waiver of any such provision or right.
(d) Severability. If any provision of this Agreement is determined to be invalid, illegal or unenforceable, such provision shall be automatically reformed and construed so as to be valid, operative and enforceable to the maximum extent permitted by law or equity while preserving its original intent. The invalidity of any part of this Agreement shall not render invalid the remainder of this Agreement.
(e) Miscellaneous. This Agreement shall inure to the benefit of KTC and its affiliates. Any and all references in this Agreement to KTC and its affiliates, including without limitation pursuant to Sections 10 and 11 shall, where the context so permits, include KTC's sister companies, and their respective subsidiaries, affiliates, directors, officers, employees, contractors and agents. The headings contained herein are for convenience only and shall have no legal or interpretive effect. Additional terms and conditions may apply when you use other services, affiliate services, third party content or third party software on or through a link provided on the Site. KTC may assign its rights and duties under this Agreement to any party at any time without notice to you.
Kowal Tax Clinic Privacy Practices
1. Non-Disclosure of Information
To better protect your privacy we provide this notice explaining our online and other information practices and the choices you can make about the way your information is collected and used. To make this notice easy to find, Kowal, Inc. a Delaware corporation (“KTC”) will make it available on our homepage and at every point on this website (the “Site”) where personally identifiable information may be requested. KTC currently provides users with no access to any online financial products, services, tools and tax preparation services. For current and former clients, KTC does not disclose any nonpublic personal information obtained in the course of our practice except as required or permitted by law.
2. Collection of Information
KTC is sensitive to privacy issues with respect to the use of information that visitors to the Site provide to us over the Internet. Generally, you can visit this website without telling us who you are or revealing personal information about yourself.
There are a few areas of the Site where you may choose to submit personal information. You also may choose to complete forms in various locations on our website. We may use this information to contact you for marketing purposes or to set up an appointment with you. Unless you give us your permission, however, we will not share this information with anyone outside of KTC or its affiliates, except as permitted or required by law.
KTC does not want you to send via the Site, and you should not send via the Site, unsolicited ideas, suggestions, or materials relating to the development, design, or marketing of KTC’s services and products. You agree that any such information or materials that you or individuals acting on your behalf communicate, submit, or provide to KTC, including but not limited to feedback, data, questions, comments, product or service ideas, know-how, or suggestions, will not be considered confidential or proprietary, even if such information is labeled as “Confidential” or “Proprietary.” All such communications and submissions shall be deemed the property of KTC, and your submission of such information shall constitute your assignment to KTC of all worldwide rights, title and interest in and to such information. KTC will not have any obligation to keep such information confidential and will be free to reproduce, use, disclose and distribute such information to others without limitation and without liability. KTC will be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to developing and marketing products or services that incorporate or otherwise embody such information, without providing any notice, compensation or attribution to you. JKH welcomes your comments and suggestions on the Site and its services, but KTC does not seek to solicit any confidential or proprietary ideas, suggestions, materials or other information relating to developing, designing, redesigning, modifying, providing, or marketing any of its products or services or any new products or services. You are prohibited from posting or transmitting to or from the Site any unlawful, threatening, libelous, defamatory, obscene or pornographic material, or any material that would violate any law.
3. Data Security Systems
KTC uses data security systems and procedures to protect the privacy of personal information you provide to us. Further, unauthorized use of this Site or unauthorized entry into KTC's systems, misuse of passwords, or misuse of any information contained within the Site is strictly prohibited. However, no security system is perfect, and we cannot guarantee that personal information you provide to us will remain private. We also cannot guarantee that information you transmit to us over the Internet will not be intercepted. Additionally, we may be required to provide your personal information in response to a subpoena or other legal process.
Reproduction in whole or in part in any form or medium without express permission of Kowal,Tax Clinic is prohibited. |