Terms and Conditions
Last Updated: 11/1/2024
Agreement Between User and LMS TAX SERVICE
This website, as well as other associated websites and mobile applications where these Terms of Use are posted or made available (collectively referred to as "Sites"), include a variety of web pages and services provided by LMS TAX SERVICE Software, LLC ("LMS TAX SERVICE"). The following terms, conditions, and notices govern your access to and use of the Sites, as well as any materials expressly incorporated by reference (collectively, these "Terms of Use"). The Sites are provided to you subject to your acceptance of the Terms of Use, and your use of the Sites signifies your agreement to these Terms of Use. Please read these Terms of Use carefully because they govern your use of the Sites.
The Sites are available to users who are 18 years of age or older (or have reached the age of majority in their jurisdiction) and live in the United States or one of its territories or possessions. By using the Sites, you confirm that you are of legal age to enter into a binding contract with LMS TAX SERVICE and that you meet all of the eligibility conditions listed above. If you do not satisfy these conditions, you may not access or use the Sites.
Modification of These Terms of Use
LMS TAX SERVICE retains the right to amend and update these Terms of Use at any moment in its sole discretion. All modifications become effective immediately upon posting to the Sites and apply to all subsequent access to and use of the Sites. By continuing to use the Sites after such modifications are posted, you agree to be governed by the new Terms of Use.
Accessing the Website and Account Security
LMS TAX SERVICE has the right to withdraw or alter the Sites, as well as any service or material made available on the Sites, without prior notice. LMS TAX SERVICE will not be held liable if the Sites become inaccessible at any time or for any period of time. We may, on occasion, restrict access to some or all of the Sites.
You are responsible for making all required arrangements to access the Sites.
• Ensuring that anybody who uses your internet connection to visit the Sites is aware of and follows these Terms of Use.
To access the Sites or any of the resources they provide, you may be required to provide account registration information or other information. All information you supply on the Sites must be correct, current, and complete. You agree that all information you provide to register with the Sites or otherwise, including, but not limited to, through the use of any interactive, is governed by our Privacy Notice, and you consent to all actions we take with respect to your information in accordance with our Privacy Notice.
If you choose or are given a password or other piece of information as part of our security measures, you must keep that information secure and not disclose it to any other person or entity. You further understand that your account is personal to you and that you will not give anyone else access to the Sites or any of their content using your email, password, or other security credentials. You undertake to alert us immediately of any unauthorized access or use of your account, password, or any other violation of security.
We reserve the right to disable any account or password, whether chosen by you or granted by us, at any time and for any reason, including if we believe you have violated any of these Terms of Use.
No Unlawful or Prohibited Use
As a condition of your use of the Sites, you warrant to LMS TAX SERVICE that you will not use them for any unlawful or prohibited purpose as stated in these Terms of Use. You may not use any of the Sites in any way that could damage, disable, overburden, or impair them, or interfere with another party's use and enjoyment of any of the Sites. You may not access or attempt to obtain any materials or information through any means other than those deliberately made available or provided for through the Sites.
Use of Communication Services
Bulletin board services, chat rooms, news groups, forums, communities, personal websites, calendars, and/or other messaging or communication facilities designed to allow you to engage with the general public or a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send, and receive messages and materials that are appropriate and relevant to the specific Communication Service. When using a Communication Service, you agree not to: • Defame, abuse, harass, stalk, threaten, or violate others' legal rights (e.g., privacy and publicity).
•Publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or illegal topic, name, content, or information.
• Do not upload files containing intellectual property, privacy, or publicity rights unless you own or control the rights or have received all necessary consents. • Do not upload files containing viruses, corrupted files, or other programs that could harm another computer's operation.
• Do not advertise or sell goods or services for business purposes unless the Communication Service allows it. • Do not conduct or forward surveys, contests, pyramid schemes, or chain letters.
• Do not download files posted by other users that cannot legally be distributed.
• Falsify or remove any author attributions, legal or other proper notices, or proprietary designations or labels indicating the origin or source of software or other content contained in an uploaded file.
• Restrict or restrict other users from using and enjoying the Communication Services.
• breach any code of conduct or other restrictions that may be applicable to any specific communication service.
• Harvest or collect information about others, including e-mail addresses, without their consent;
• Break any applicable laws or regulations.
LMS TAX SERVICE is under no responsibility to monitor the Communication Services. However, LMS TAX SERVICE maintains the right to review and remove materials posted to a Communication Service at its sole discretion. LMS TAX SERVICE reserves the right to terminate your access to any or all of the Communication Services at any time and without notice for any reason.
LMS TAX SERVICE retains the right at all times to disclose any information as necessary to comply with any applicable law, regulation, legal process, or governmental request, as well as to edit, refuse to post, or remove any information or materials, in whole or in part, at its sole discretion.
Always exercise caution when disclosing personally identifiable information about yourself or your children over any Communication Service. LMS TAX SERVICE does not control or endorse the content, messages, or information found in any Communication Service. As a result, LMS TAX SERVICE expressly disclaims any liability arising from or relating to any Communication Services, as well as any actions resulting from your participation in any Communication Service. Managers and hosts are not approved LMS TAX SERVICE spokespersons, and their opinions do not necessarily represent those of LMS TAX SERVICE.
Materials uploaded to a Communication Service may be subject to imposed restrictions on usage, reproduction, and/or dissemination. If you download the materials, you are responsible for adhering to these limitations.
Materials Provided to LMS TAX SERVICE or Posted on Any of the Sites
LMS TAX SERVICE does not claim ownership of the materials you offer to it (including feedback and recommendations) or publish, upload, input, contribute, or submit to any of the Sites or any associated services, including any Communication Services (collectively "Submissions"). However, by posting, uploading, inputting, providing, or submitting your Submission, you grant LMS TAX SERVICE and its affiliated companies, as well as each of their respective licensees, successors, and assigns, the permission to use your Submission for any purpose, including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, create derivative works, translate, and reformat your Submission, and to publish your work.
All submissions will be treated as non-confidential and non-proprietary. No money will be received for the use of your Submission, as specified herein. LMS TAX SERVICE is under no obligation to post or use any Submission you give and reserves the right to delete any Submission at any time at its absolute discretion.
By posting, uploading, inputting, providing, or submitting your Submission, you represent and warrant that (i) you own or otherwise control all of the rights in and to your Submission and have the authority to grant LMS TAX SERVICE the license to use such Submission, as described in this section, and (ii) all of your Submissions comply with these Terms of Use.
Use of Cookies
The Sites utilize "cookies" to allow you to personalize your online experience. A cookie is a text file that is saved to your hard drive by a web page server. Cookies cannot be used to launch programs or install viruses on your computer. Cookies are uniquely assigned to you and can only be read by web servers in the domain from which they were issued.
Cookies are used primarily to improve your user experience by remembering some information about you, such as preferences. For example, if you personalize a page on one of the Sites or register with a Site or its services, a cookie allows the Site to remember your individual information on future visits.
This simplifies the process of storing your personal information, such as billing and shipping addresses. When you return to a Site, the information you previously provided can be retrieved, allowing you to conveniently access the features you set.
You have the option to accept or deny cookies. Most web browsers allow cookies automatically, however you can typically change your browser settings to deny cookies if you prefer. If you decline cookies, you may be unable to fully enjoy the interactive aspects of a Site's services or other websites you visit.
Links to Third Party Web Sites
The Sites may include links to other websites supplied by third parties ("Linked Sites"). The Linked Sites are not within LMS TAX SERVICE's control, and LMS TAX SERVICE is not liable for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. LMS TAX SERVICE accepts no responsibility for webcasting or any other form of transmission received from any Linked Site. LMS TAX SERVICE offers connections to you only for your convenience, and the inclusion of any link does not constitute LMS TAX SERVICE's endorsement of the Linked Site or any association with its operators. You understand and accept that LMS TAX SERVICE has no control.
Disclaimer of Warranties and Limitation of Liabilities
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITES MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. LMS TAX SERVICE AND/OR ITS REPRESENTATIVES (DEFINED BELOW) MAY MAKE UPDATES AND/OR CHANGES TO THESE WEBSITES AT ANY TIME. ADVICE RECEIVED VIA THE SITES SHOULD NOT BE USED TO MAKE PERSONAL, LEGAL, ACCOUNTING, OR FINANCIAL DECISIONS, AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
LMS TAX SERVICE, ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE LICENSORS, PARTICIPATING FINANCIAL INSTITUTIONS, THIRD PARTY CONTENT OR SERVICE PROVIDERS, DISTRIBUTORS, DEALERS, SUPPLIERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS (COLLECTIVELY, "REPRESENTATIVES") MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, OR ACCURACY OF ANY SITE, INCLUDING ANY PURPOSE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SITES AND ALL INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED. LMS TAX SERVICE, ITS AFFILIATES, AND THEIR RESPECTIVE REPRESENTATIVES DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SITES AND ALL INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NO REPRESENTATIVE OF LMS TAX SERVICE IS AUTHORIZED TO MAKE ANY STATEMENT THAT ADDS TO OR AMENDS ANY OF THE WARRANTIES OR LIMITATIONS SET FORTH IN THESE TERMS OF SERVICE. ANY UPDATES PROVIDED BY LMS TAX SERVICE OR ITS REPRESENTATIVES WILL BE SUBJECT TO THESE TERMS OF USE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LMS TAX SERVICE, ITS AFFILIATES, OR THEIR RESPECTIVE REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR PERFORMANCE OF LIABILITY, OR OTHERWISE, EVEN IF LMS TAX SERVICE, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE REPRESENTATIVES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Because certain states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF ANY OF THE SITES OR DO NOT AGREE WITH THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE WEBSITES.
Indemnification
You agree to defend, indemnify, and hold harmless LMS TAX SERVICE, its affiliates, and their respective Representatives, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or related to your violation of these Terms of Use or your use of the Sites, including, but not limited to, your Submissions, any use of the Site's content, services, and pr
Intellectual Property Rights
LMS TAX SERVICE, its licensors, or other producers or distributors of such material hold all of the Sites' content, features, and functionality, which are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights.
LMS TAX SERVICE is the owner and/or authorized user of all trademarks, registered trademarks, and/or service marks displayed on the Sites, as well as the copyright owner or licensee of the Sites' content and/or material. Except as expressly stated in these Terms of Use, you may not download and/or store a copy of any of the Sites' pages for any purpose. However, you may print a copy of the content on this site for your personal use. records and not for further reproduction, publication, or distribution. If you use the Sites in any other way, except as authorized above, you may violate copyright and other laws of the United States, other nations, and applicable state laws, and you may face consequences. LMS TAX SERVICE does not offer any license or other authorization to any user of its trademarks, registered trademarks, service marks, or other copyrightable content or intellectual property by displaying them on the Sites.
The names of actual companies and goods described herein, as well as any third-party trademarks and logos contained herein, may be trademarks of the respective owners. Any rights not expressly granted herein are reserved.
Notices and Procedure for Making Claims of Copyright Infringement
If you feel that any content accessible on or from the Sites infringe on your copyright, you may request that they be removed by sending a written notification to LMS TAX SERVICE's copyright agent listed below. ALL INQUIRIES THAT DO NOT FOLLOW THE FOREGOING PROCEDURE WILL RECEIVE NO RESPONSE.
To comply with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512), the written notice (the "DMCA Notice") should include the following:
• A physical or electronic signature.
• Identification of the copyrighted work you believe has been infringed, or, if the claim includes several works on the Sites, a representative list of such works.
• Identify the item you believe is infringing in a suitably We can precisely find that material.
• Adequate contact information (including your name, postal address, phone number, and, if available, email address).
• A statement that you have a good faith conviction that the use of the copyrighted content is not authorized by the copyright holder, its agent, or by law.
• A statement that the information in the written notice is correct.
• A statement under penalty of perjury that you are authorized to act on behalf of the copyright holder. Brenda Burrell, LMS TAX SERVICE LLC, 1500 Astor Avenue Suite 204, Bronx NY 10469, is our designated copyright agent to accept DMCA Notices.
If you fail to comply with all of the criteria under Section 512(c)(3) of the DMCA, your DMCA Notice may be ineffective. Please be aware that if you deliberately materially misrepresent that any item or conduct on the Sites infringes your copyright, you may be held responsible for damages (including costs and lawyers' fees) under Section 512(f) of the DMCA.
Consent to Electronic Communications
By using the Sites, you agree to receive any messages, notifications, agreements, renewals, statements, and disclosures (collectively, the "Communications") electronically. LMS TAX SERVICE may provide you with Communications about the Sites and services via electronic communication, such as email, text message, facsimile, or by making such Communications available on the Sites.
Termination/Governing Law
LMS TAX SERVICE retains the right, at its sole discretion, to terminate your access to the Sites and related services, or any portion of them, at any time and without notice.
To the greatest extent permitted by law, these Terms of Use are governed by the laws of the State of New York, and you hereby consent to the exclusive jurisdiction and venue of the United States District Court for the Southern District of New York, or, if such court lacks subject matter jurisdiction, the state courts in Macon County, New York, for all disputes arising out of or relating to these Terms of Use or your use of the Sites. LMS TAX SERVICE reserves the right to request that you supply any Disputes resulting from these Terms of Service or your use of the Sites will be resolved by final and binding arbitration under the American Arbitration Association's Rules of Arbitration, applying New York law. Use of the Sites is not permitted in any jurisdiction that does not give effect to the provisions of these Terms of Use, including, but not limited to, this paragraph.
Miscellaneous
You agree that your use of the Sites does not create a joint venture, partnership, employment, or agency relationship between you and LMS TAX SERVICE. LMS TAX SERVICE's compliance with these Terms of Use is subject to existing laws and legal process, and nothing in this document limits LMS TAX SERVICE's right to comply with governmental, court, and law enforcement requests or requirements relating to your use of any of the Sites or the information provided to or gathered by LMS TAX SERVICE in connection with such use. If any portion of these Terms of Use is found to be invalid or unenforceable under applicable law, including, but not limited to, the warranty disclaimers and liability restrictions provided forth above, the invalid or unenforceable provision will be deemed superseded by a legal, enforceable provision that most closely matches the original provision's intent, and the Terms of Use will remain in effect. A printed version of these Terms of Use, as well as any notice given in electronic form, will be admissible in judicial or administrative proceedings based on or relating to these Terms of Use to the same extent and under the same conditions as other business documents and records that were originally generated and maintained in printed form.
Entire Agreement
These Terms of Use, along with our Privacy Notice, Software License, and Non-Disclosure Agreement, constitute the entire agreement between you and LMS TAX SERVICE regarding your use of the Sites and related services, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, about the Sites.
Questions and Comments
If you have any questions or comments about the Sites or the services provided by LMS TAX SERVICE, please email us at info_lms@loruelmultiservice.com.