1. Notice/acceptance of terms / Termos e aceitação de uso.

Ao concordar com os termos e condições abaixo, você declara ter concordado e entendido ou ter obtido tradução de todo o texto em inglês deste termo. SE VOCÊ NÃO CONCORDA COM TODOS OS TERMOS ABAIXO, NÃO ACESSE O SITE OU NENHUM SERVIÇO OU PRODUTO FORNECIDO ATRAVÉS DESTE SITE.

Terms of Service Agreement (the “Agreement”) is a legally binding contract between you and Databooks Accounting Inc. (Databooks), a corporation incorporated under the laws of Canada. This Agreement governs your use of the www.databookstax.ca and www.databooks.ca and any other databooks related websites. Be sure that you carefully read and fully understand this Agreement. Databooks is willing to provide you with access to the Site only on the condition that you accept all of the terms contained in this Agreement. Your use of the Site, including without limitation any of the products or services offered on the Site, will constitute your acceptance of, and agreement to be bound by, all the terms of this Agreement. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, INCLUDING WITHOUT LIMITATION ANY SUBSEQUENT AMENDMENTS OR MODIFICATIONS POSTED AT THE TIME OF ANY FUTURE ACCESS, DO NOT ACCESS THE SITE OR ANY PRODUCTS OR SERVICES PROVIDED ON OR THROUGH THE SITE.

You may print this Agreement or you can download this Agreement to your computer. Please note that the information contained herein is subject to change without notice. In addition, to the extent that you use particular Databooks services, including without limitation Databooks’s online tax preparation and filing service you are subject to the applicable agreement that you enter into with Databooks that governs the terms and conditions applicable to your use of such service (“Supplemental Agreements”) and any posted guidelines or rules applicable to such service, which may be updated occasionally. 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.

2. Description of service.

Databooks currently provides users with access to tax preparation services and branded programming through Databooks’s network of world wide web properties, as amended from time to time, currently found at http://www.databookstax.ca OR http://www.databooks.ca OR any other Databooks Accounting associated website (the “Site”). Unless explicitly stated otherwise, any new features that augment the current Site, including without limitation the release of new Databooks properties, shall be subject to this Agreement. Certain products or services may be available only in certain jurisdictions in accordance with local laws. Your eligibility for particular products and services offered by Databooks, or any of its affiliates, is subject to final approval and acceptance by Databooks. Databooks assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. In order to use the Site, you must obtain access to the World Wide Web, either directly or through devices that access web-based content and pay any service fees associated with such access. System availability and access to the services available on this Site may be limited or unavailable for reasons which may include, without limitation, system performance. Databooks makes no representations, warranties or assurances as to the availability of the Site.

3. Intellectual property.

Databooks either owns or has obtained permission from the owner to use all of the content on this Site.

“Databooks Accounting”, “Databooks” are trade-marks of Databooks Accounting Inc. and are used under licence by Databooks Accounting Inc.

The names, graphics, logos, icons, designs, words, titles and phrases on this Site constitute trade-marks, trade names, trade dress and associated products and services of Databooks or its affiliates. The trade-marks, trade names, trade dress and associated products and services represented on this Site are protected in Canada and internationally and their display on this Site does not convey or create any licence or other rights in these trade-marks, trade names, trade dress and associated products and services. Any use of them without prior written authorization of Databooks is strictly prohibited.

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, trade-mark and/or copyright laws and could subject such person to legal action.

4. Modifications to site.

Databooks 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 Databooks 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. Databooks endeavours to keep the rates and fees posted on this Site current, however, such rates and fees are subject to change at any time without notice to you and the posted rates and fees on this Site may not immediately reflect such changes.

5. Registration obligations.

In consideration of your use of the Site, where you have provided Databooks with information about yourself in response to prompting by the Site (for example when prompted by the Site’s registration forms), you agree that such information will be accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete as of the date the information was provided, or Databooks has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Databooks has the right, without limitation, to suspend or terminate any of your accounts and to refuse any and all current or future use of the Site (or any portion thereof).

6. Member account; password and security.

Databooks may supply you with a password and account designation upon completing the Site registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to immediately notify Databooks of any unauthorized use of your password or account, or any other breach of security of which you are aware, and to ensure that you properly close out of your account at the end of each session. Databooks assumes no liability for any loss or damage arising from your failure to comply with this section.

7. User communications.

Subject to any applicable law, any communications sent by you via this Site or otherwise to Databooks (including without limitation User Content) are on a non-confidential basis, and Databooks is under no obligation to refrain from reproducing, publishing or otherwise using them in any way or for any purpose. Databooks shall be free to use the content of any such communication, including without limitation any ideas, inventions, concepts, techniques or know-how disclosed therein, for any purpose including without limitation developing, manufacturing and/or marketing goods and services. You agree to not assert any ownership right of any kind in such communications (including without limitation copyright, trade-mark, unfair competition, moral rights, or implied contract) and you hereby waive the right to receive any financial or other consideration in connection with such communication, including without limitation acknowledgment of you as the source of such communications. You shall be responsible for the content and information contained in any communication sent by you to this Site or otherwise to Databooks, including without limitation for its truthfulness and accuracy.

8. 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 parties and are not binding upon nor constitute obligations of Databooks. You agree that Databooks 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 Databooks and its affiliates from and against any Claims incurred as the result of any such dealings.

9. Third party links.

This Site may provide links or references to other sites. Databooks makes no representations, warranties or assurances as to any information in such sites, has no responsibility for their content and shall not be liable for any damages or injury arising from that content. Databooks disclaims any opinions expressed on such sites. Any links to other sites are provided merely for your convenience and the inclusion of such links does not imply that Databooks endorses the content of such sites.

10. Newsletter.

The information contained in any newsletter sent by Databooks to you does not constitute legal, investment, tax or accounting advice and should not be relied upon in that regard. For greater certainty, this Agreement applies to the content of any such newsletter, as appropriate.

11. Disclaimer of warranties.

Except as expressly provided otherwise in an applicable Supplemental Agreement, Databooks 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. This Site may contain inaccuracies or typographical errors. Databooks disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material in respect of the Site or the use thereof.

Any communications sent to you via this Site or otherwise from Databooks (including without limitation in the form of electronic mail or via telephone), 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.

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE HEREIN OR IN AN APPLICABLE SUPPLEMENTAL AGREEMENT, DATABOOKS WILL USE REASONABLE EFFORTS TO INCLUDE UP-TO-DATE AND ACCURATE INFORMATION IN THIS SITE BUT ALL PRODUCTS AND SERVICES OFFERED ON THE SITE ARE PROVIDED “AS IS” WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED. Databooks DISCLAIMS ANY WARRANTIES OR CONDITIONS FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE PRODUCTS AND SERVICES OFFERED ON THE SITE. Databooks DISCLAIMS 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 IN 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 RESULTS FROM DOWNLOADING OR OTHERWISE OBTAINING SUCH MATERIAL.

12. Limitation of liability.

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE HEREIN OR IN AN APPLICABLE SUPPLEMENTAL AGREEMENT, IN NO EVENT SHALL DATABOOKS ANY OF DATABOOKS’ AFFILIATES 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, 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 OR ANY WEB BROWSER, ANY COMMUNICATIONS SENT TO YOU VIA THIS SITE OR OTHERWISE FROM DATABOOKS (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, SERVICE, INFORMATION, IDEA, OR INSTRUCTION CONTAINED IN THE CONTENT OF THIS SITE.

13. Indemnification.

You agree to indemnify and hold harmless Databooks and its affiliates from and against any Claims arising out of or relating to: (i) User Content you submit, post to or transmit through the Site; (ii) your violation of this Agreement; or (iii) your violation of any rights of any other person in connection your access or use of the Site.

14. Other agreements.

(A) Governing Law. This site (excluding third party linked sites) is controlled by Databooks from its offices within the Province of British Columbia, Canada. By accessing this Site, you agree that all matters relating to the access to, or use of, this Site shall be governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein. You also agree and hereby submit to the non-exclusive jurisdiction of the courts of the Province of British Columbia with respect to such matters. Databooks makes no representation that materials on this Site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.

(B) Entire Agreement. This Agreement, along with any Supplemental Agreement, 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 affiliate of Databooks, which are not included in this Agreement, shall be binding on Databooks or its affiliates.

(C) Amendments. No variation or modification of this Agreement or any waiver of any of its provisions or conditions shall be valid unless in writing and signed by an authorized representative of each party.

(D) Waiver. No waiver of any provision herein shall be valid unless in writing and signed by an authorized representative of both you and Databooks. Databooks’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.

(E) Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be 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.

(F) Miscellaneous. This Agreement shall enure to the benefit of Databooks and its affiliates. Any and all references in this Agreement to Databooks and its affiliates, including without limitation pursuant to Sections 15 and 16 shall, where the context so permits, include Databooks’s parent companies, 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. Databooks may assign its rights and duties under this Agreement to any party at any time without notice to you. You may not assign your rights and duties under this Agreement to any party at any time.

Questions.

Should you have questions concerning this Agreement, you may contact Databooks Accounting Inc.