1. General Information
Unauthorized use of this Website is strictly prohibited. Such unauthorized use includes, but is not limited to, unauthorized access, misuse of passwords, or any activity that could damage, impair, overburden or disable use of this Website or interfere with another party’s use of this Website. You may not engage in any activity that is contrary to any applicable law or regulation. You agree not to (i) violate or attempt to violate the security of this Website or interfere with the proper working of this Website or any associated computing systems or networks, or, where the Website is hosted by a third party, that third party’s computing systems or networks; (ii)attempt to gain unauthorized access to the Website or to any account or computer system connected to the Website, or access any materials other than those to which you have been given express permission to access; (iii) “flood” the Website with requests or otherwise overburden, disrupt, or harm the Website or Tio Samuel Enterprises’ or any third party’s systems; or (iv) access or use the Website beyond the scope of the rights granted herein.
When accessing or using the Website, you agree that you will not upload or transmit any materials, documents or other information that:
- (a) is unlawful, abusive, malicious, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy rights or right of publicity, or otherwise objectionable;
- (b) constitutes or promotes sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
- (c) infringes upon, misappropriates, or otherwise violates any patent, trademark, copyright, moral right, or any other intellectual or industrial property rights or other rights of a third party;
- (d) encourages criminal conduct;
- (e) contains false, misleading, fraudulent, or deceptive claims or content;
- (f) gives the impression that it emanates from or is endorsed by Tio Samuel Enterprises or any other person or entity, if that is not the case; or
- (g) contains any virus, malware, spyware, or other harmful content or code.
When accessing or using the Website, you agree that you are accessing or using the Website in connection with obtaining a financial product or service from us.
We reserve the right to modify, improve or otherwise correct any content, image, or information on this Website without prior notice. We also reserve the right to suspend or deny access to this Website for any reason, including without limitation, maintenance, upgrades, or to protect the security of this Website.
Tio Samuel Enterprises may freely use feedback you provide through use of the Website. You agree that Tio Samuel Enterprises may use your feedback, suggestions, or ideas in any way, including in future modifications of the Services, other products or services, advertising or marketing materials. You grant Tio Samuel Enterprises a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to Tio Samuel Enterprises in any way.
2. Third Party Websites and Links
This Website may contain links to third party websites beyond our control. We do not take any responsibility for any information, materials, products and services posted or offered on any of these third party websites.
You acknowledge and agree that Tio Samuel Enterprises shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third party website content, goods or services available on or through any such site or resource.
3. Registration and Security
You understand that the Use of a MyTS Account is creating a relationship with Tio Samuel Enterprises for the purpose of obtaining financial products or services from the Company, including but not limited to tax preparation services, appointment booking, secure document storage, and other financial products and services that may be available to you. Use of a MyTS Account (“Services” within this section) on Website is subject to the following conditions:
- You are responsible for your content. You are responsible for all materials (“Content”) uploaded, posted or stored through your use of the Services. You grant Tio Samuel Enterprises a worldwide, royalty-free, non-exclusive license to host and use any Content provided through your use of the Services. Archive your Content frequently. You are responsible for any lost or unrecoverable Content. You must provide all required and appropriate warnings, information and disclosures. Tio Samuel Enterprises is not responsible for the Content or data you submit through the Services.
- You agree not to use, nor permit any third party to use, the Services to upload, post, distribute, link to, publish, reproduce, engage in or transmit any of the following, including but not limited to:
- Illegal, fraudulent, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that would encourage “flaming” others, or criminal or civil liability under any local, state, federal or foreign law;
- Content that would impersonate someone else or falsely represent your identity or qualifications, or that constitutes a breach of any individual’s privacy;
- Except as permitted by Tio Samuel Enterprises in writing, investment opportunities, solicitations, chain letters, pyramid schemes, other unsolicited commercial communication or engage in spamming or flooding;
- Virus, trojan horse, worm or other disruptive or harmful software or data; and
- Any information, software or Content which is not legally yours and without permission from the copyright owner or intellectual property rights owners.
- Community Forums.The Services may include a community forum, chat support, or other social features to exchange Content and information with other users of the Services, Tio Samuel Enterprises employees, and/or the public (“Community Forums”). Tio Samuel Enterprises does not support and is not responsible for the content in these Community Forums. Please use respect when you interact with other users. Users may post hypertext links to content of third parties for which Tio Samuel Enterprises is not responsible.
- Tio Samuel Enterprises may freely use feedback you provide. You agree that Tio Samuel Enterprises may use your feedback, suggestions, or ideas in any way, including in future modifications of the Services, other products or services, advertising or marketing materials. You grant Tio Samuel Enterprises a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to Tio Samuel Enterprises in any way.
- Tio Samuel Enterprises may monitor your Content. Tio Samuel Enterprises may, but has no obligation to, monitor content on the Services. We may disclose any information necessary to satisfy our legal obligations, protect Tio Samuel Enterprises or its customers, or operate the Services properly. Tio Samuel Enterprises, in its sole discretion, may refuse to post, remove, or refuse to remove, any Content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of this Agreement.
You are responsible for maintaining the confidentiality of your password. You shall notify Tio Samuel Enterprises of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password by calling (323) 721-7288 or emailing us at email@example.com. You are responsible for all usage or activity on your account.
4. Representations and Warranties; Acknowledgements.
You represent, warrant, and covenant that:
- You are authorized to use the Website and the services, information, materials, and products offered on the Website and to access the information and data that You input or import into the Website, including any information or data input or imported into the Website by any person you have authorized to use the Website;
- You own, or otherwise have any necessary rights in and third party consents relating to such information and data, so that our receipt, possession, and processing of such information and data does not and will not infringe, misappropriate, or otherwise violate any intellectual property rights or any privacy or other rights of any third party or violate any applicable law, rule, or regulation;
- You are authorized to access the processed information and data that is made available to you through your use of the Website.
5. Disclaiming of Warranties and Representations
THIS WEBSITE AND THE SERVICES, INFORMATION AND MATERIALS CONTAINED ON THIS WEBSITE ARE PRESENTED TO YOU WITHOUT ANY WARRANTIES OR REPRESENTATIONS. SERVICES, INFORMATION, AND MATERIALS ON THIS WEBSITE, INCLUDING TEXT, GRAPHICS, LINKS OR OTHER ITEMS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WE DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK.
WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, ADEQUACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION, MATERIALS, PRODUCTS OR SERVICES PROVIDED THROUGH THIS WEBSITE. WE DO NOT REPRESENT OR WARRANT THAT THE WEBSITE WILL BE AVAILABLE OR THAT IT WILL MEET YOUR REQUIREMENTS, THAT ACCESS WILL BE UNINTERRUPTED, THAT THERE WILL NOT BE DELAYS, FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, THAT NO VIRUSES OR OTHER CONTAMINATING OR DESTRUCTIVE PROPERTIES WILL BE TRANSMITTED OR THAT NO DAMAGE WILL OCCUR TO YOUR COMPUTER SYSTEM. YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT AND FOR UNDERTAKING REASONABLE AND APPROPRIATE PRECAUTIONS TO SCAN FOR COMPUTER VIRUSES.
WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, FUNCTIONALITY OR PERFORMANCE OF ANY THIRD PARTY SOFTWARE THAT MAY BE USED IN CONNECTION WITH THIS WEBSITE. WE MAKE NO WARRANTY THAT ANY ERRORS WILL BE CORRECTED. NO ADVICE, SERVICE OR INFORMATION OBTAINED BY YOU THROUGH THIS WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
6. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT TIO SAMUEL ENTERPRISES, ITS SUPPLIERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGE FOR LOSS PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TIO SAMUEL ENTERPRISES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), IN CONNECTION WITH (A) YOUR USE OF THIS WEBSITE, THE SERVICES, INFORMATION, MATERIALS, AND PRODUCTS OFFERED ON THE WEBSITE, OR ANY LINKED WEBSITE; (B) THE USE OR THE INABILITY TO USE THE WEBSITE OR TIO SAMUEL ENTERPRISES’S SERVICES, OR THE SERVICES, INFORMATION, MATERIALS, AND PRODUCTS OFFERED ON THE WEBSITE; (C) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THIS WEBSITE. IN NO EVENT SHALL TIO SAMUEL ENTERPRISES, ITS SUPPLIERS AND LICENSORS BE LIABLE TO YOU FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THIS WEBSITE DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE. SOME STATES DO NOT ALLOW THE LIMITATION AND/OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
You agree that all of Tio Samuel Enterprises’s trademarks, trade names, service marks and other Tio Samuel Enterprises logos and brand features, and product and service names are trademarks and the property of Tio Samuel Enterprises (the “Tio Samuel Enterprises Marks”). Without Tio Samuel Enterprises’s prior permission, you agree not to display or use in any manner the Tio Samuel Enterprises Marks. Other logos and product and company names appearing in this Website may be the trademarks of their respective owners.
9. Proprietary Rights
You acknowledge and agree that this Website (including without limitation, all content), the services, information, materials and products provided through this Website, and any necessary software used in connection with this Website contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that the content contained in advertisements or information presented to you through third party websites or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by Tio Samuel Enterprises or the applicable licensor (such as an affiliate), you agree not to modify, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on this Website (including without limitation, the content) or the services, information, materials, and products provided through this Website, in whole or in part.
10. Governing Law
11. Waiver and Severability of Terms
12. Force Majeure
We shall not be held liable for any delay or failure in performance of any part of the Website by reason of any cause beyond our reasonable control, including acts of God, acts of civil or military authority, government regulations, embargoes, epidemics, war, terrorist acts, riots, fires, explosions, earthquakes, nuclear accidents, floods, hurricanes, tornadoes, major storms, strikes, power or telecommunications outages affecting facilities, or acts or omissions of vendors, suppliers or common carriers.
13. Entire Agreement
14. Not Intended for Children
You represent that you are of legal age to form a binding contract and are not a person barred from using this Website under the laws of the United States or other applicable jurisdiction.
15. Copyright® Tio Samuel Enterprises 2020. All Rights Reserved
Copyright in the pages and in the screens displaying the pages, and in the information and material therein and in their arrangement, is owned by Tio Samuel Enterprises or their respective affiliates unless otherwise indicated.