Terms Of Use
(Last updated December 15, 2006)
This Terms of Use Agreement (the "Agreement") is a contract between RDTC, Inc. ("RDTC"), a California corporation and you. By accessing and using RDTC's web site, RDTC.com (the "Site"), you agree to be bound by the terms and conditions of this Agreement and all applicable laws and regulations. Do not use this Site if you do not agree to all the terms and conditions contained herein.
1. License
RDTC grants you a personal, revocable, non-transferable, and non-exclusive license for personal, non-commercial, or educational purposes only. You may access the Site and print individual pages for the limited purposes discussed herein. No other use is authorized.
2. Intellectual Property
You should assume that all logos, text, video clips, HTML, images, photos, icons, designs, and other content contained in the Site are copyright or trademark protected and owned by RDTC, its shareholders, affiliates, or contracted third party service providers that have granted RDTC permission to use the content (collectively "content"). Your use of this content does not create or convey any license or other rights in this content to you. Any unauthorized use of this content is strictly prohibited. Your unauthorized use of this content by copying, redistribution, reproduction, or modification may be a violation of federal, common law, copyright or trademark law and could subject you to legal action.
3. Links to Third Party Web Sites
RDTC may allow third parties to link their web sites to its Site. These links are provided for your convenience only. RDTC does not control third party web sites. RDTC does not approve any services or products contained on third party web sites. The third party web sites may contain opinions and viewpoints that are different from the opinions and viewpoints shared by the officers, directors, employees, and shareholders of RDTC. The third party web sites may also have privacy policies that are different than RDTC's privacy policy. As such, RDTC does not endorse or approve third party web sites that are linked to its Site, and is not responsible for the content contained in those web sites.
4. Disclaimer of Warranties
EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SITE, INCLUDING, ALL CONTENT THEREIN, IS PROVIDED "AS IS" AND ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES CONCERNING THE AVAILABILITY, USEFULNESS, ACCURACY OR CONTENT OF THE PRODUCTS, SERVICES, OR INFORMATION ON THE SITE ARE EXPRESSLY DISCLAIMED. ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, AND TITLE ARE ALSO EXPRESSLLY DISCLAIMED. FURTHERMORE, RDTC MAKES NO REPRESENTATIONS OR WARRANTIES THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS ON ITS SITE.
5. Limitation of Liability
EXCEPT AS EXPRESSLY SET FORTH HEREIN, RDTC'S LIABILITY TO YOU FOR ALL CLAIMS, DAMAGES, LOSSES, AND INJURIES OF EVERY KIND (WHETHER IN CONTRACT, NEGLIGENCE, TORT, OR OTHERWISE) SHALL BE LIMITED TO NO GREATER THAN THE AMOUNT YOU PAY TO RDTC, ITS SUCCESSORS, ASSIGNS, OR AFFILIATES, OR TO THIRD PARTIES CONTRACTED BY RDTC TO PROVIDE TAX PREPARATION OR ELECTRONIC FILING SERVICES TO YOU, IF ANY. IN THE EVENT RDTC, ITS SUCCESSORS, ASSIGNS OR AFFILIATES, OR ANY CONTRACTED THIRD PARTY SERVICE PROVIDER MAKES AN ERROR IN PREPARING YOUR TAXES, RDTC AGREES TO PAY ANY INTEREST AND/OR PENALTY ASSESSED TO YOU BY A FEDERAL OR STATE TAXING AUTHORITY. HOWEVER, YOU SHALL BE SOLELY RESPONSIBLE FOR THE TAX DEFICIENCY. SOME STATES MAY HAVE LAWS THAT PRECLUDE THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATION CONTAINED HEREIN MAY NOT APPLY TO YOU.
6. Transmission of Material
You agree not to submit or transmit to RDTC any content that is unlawful, threatening, obscene, pornographic, profane, scandalous, inflammatory, libelous, defamatory, or that could give rise to any civil or criminal liability under any state, federal or international law. You agree to be solely responsible for any content that you submit to RDTC through its Site.
7. Affiliate
"Affiliate" as referred to herein shall mean any business entity that controls, is controlled by or is under common control with a party.
8. Use of Site Outside the USA
RDTC makes no representations that the products, services, and information contained on its Site are appropriate or available for use outside the USA. You agree to refrain from accessing and using the Site from a jurisdiction where you know it is illegal to do so. In accessing and using the Site, which includes the use of any products, services, and information contained therein, you do so at your own initiative and are responsible for compliance with the laws and regulations applicable to your access and use of the Site.
9. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of California, without reference to conflicts of law provisions. The parties agree that any dispute arising out of or relating to this Agreement or any services provided in connection therewith, shall be in the state and federal courts located in Sacramento County, California.
10. Entire Agreement
This Agreement is the entire and exclusive agreement between the parties and sets forth the entire understanding of the parties as to the subject matter of this Agreement. This Agreement supersedes all prior discussions and understandings, whether written or oral, between the parties with respect to this subject matter. No representations or statements made by RDTC or its affiliates that are not included in this Agreement shall be binding on RDTC or its affiliates.
11. Modifications
RDTC may, in its sole discretion, modify the terms and conditions of this Agreement at any time without notice to you. Your use of this Site after any modifications to the Agreement have been made is your agreement to be bound by the modified terms. Therefore, you should review the Agreement each time you access this Site to assess whether any modifications have been made to it. If you do not agree with the terms and conditions of the Agreement then in-force, you must immediately stop using the Site.
The effective date, set forth below, indicates the last time a material modification was made to the Agreement. Checking the effective date allows you to easily determine whether there have been any material modifications since the last time you accessed the Site.
The Agreement is effective as of this date: December 12, 2006.
12. Severability
If any provision of this Agreement is held unenforceable by a court of competent jurisdiction, then that provision shall be severed and shall not affect the validity or enforceability of the remaining provisions.
13. Successors and Assigns
This Agreement shall inure to the benefit of RDTC, and its successors, assigns, and affiliates. RDTC may assign its benefits and duties under this Agreement to any party at any time without notice to you.
14. References
Any reference in this Agreement to RDTC shall include, RDTC, its successors, assigns, and affiliates, unless the context would not otherwise permit.
15. Waiver of Breach
The waiver by RDTC of a breach of any provision of this Agreement by you shall not operate or be construed as a waiver of any other or subsequent breach by you.
16. Headings
The Section headings contained herein are included solely for convenience, are not intended to be full or accurate descriptions of the contents thereof, and shall not be considered part of this Agreement or have any legal or interpretive effect.
17. Termination
You may terminate this Agreement at any time by ceasing to use this Site and all information you accessed or had accessed from the Site, and destroying all such information, including any pages printed from the Site.