You may only use the Service in accordance with these Terms, as well as any additional terms that may be presented in connection with any particular feature or function of the Service from time to time.
CEGSOFT shall be entitled to rely on your representations under the Site. CEGSOFT will not be subject and will not accept any claims from any parties claiming that they did not authorize the furnishing, delivery and/or receipt of any information or Service, whether or not through the Site. Accordingly, you are the sole responsible for your use of the Service, and for any consequences under these Terms.
The right to use this Site is personal to User and is not transferable to any other person or entity. User shall be responsible for protecting the confidentiality of User’s password(s) and secret phrases, if any. User acknowledges that, although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of CEGSOFT, and CEGSOFT shall not be responsible for any data lost while transmitting information on the Internet. While CEGSOFT´s objective is to make the Site accessible 24 hours per day, 7 days per week, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of CEGSOFT, access to the Site may be interrupted, suspended or terminated from time to time.
CEGSOFT shall have the right at any time to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability and equipment needed or requirements for access or use. Further, CEGSOFT may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.
EXTERNAL SITES: As a convenience to you, the Site, the Service, electronic communications delivering content and electronic versions of products or services may contain links to External Sites (the “External Sites”) that are owned and/or operated by a third-party. By offering you these External Sites, CEGSOFT is not endorsing any of them and CEGSOFT has no responsibility or liability, directly or indirectly, for such External Sites, including without limitation, for their content. You access linked sites at your own risk.
PROHIBITED ACTIVITIES: The following activities shall be prohibited when using any of the Services offered in the Site, including but not limited to, any social networking capabilities such as discussion boards, comments posts and others that may be added to the Site from time to time:
1. You may not hack the Site or place any content on the Site that, in CEGSOFT´s sole determination:
a. Is or may be fraudulent, false, misleading or deceptive
b. Is or may be harassing, manipulative, hateful or degrading
c. Infringes on the copyrights and trademarks of others
d. Is or may be defamatory or libelous
e. Constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law
f. Is otherwise objectionable
g. Disables or otherwise blocks partial or full functionality of the Site to others and/or to CEGSOFT
2. You may not use the Site or your account within the Site for any commercial or political advertisements, business, solicitations or promotions.
3. You may not upload any destructive programs, information, file, or software such as viruses, Trojan horses, worms, time bombs, cancelbots and/or self-replicating code, or take any other actions to harm, interrupt, destroy or limit the functionality of the Site, other computer software or hardware, nor any electronic or telecommunications equipment.
4. You may not send unsolicited e-mail messages, including advertising, promotional materials, spam, junk mail, chain letters, pyramid schemes, or any other form of solicitation, to any other User of the Site or the Service.
5. You may not solicit passwords or other personal information from any other Users of the Site or the Service.
6. You may not post or transmit any message which discloses private or personal matters concerning any person.
7. You may not post or transmit any message, data, image or program in a fashion that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or Site marks used in an infringing fashion.
8. You will not allow any other person other than yourself, including any former user whose account has been terminated, suspended or cancelled, to use the Service through your Service account.
9. You may not transmit, broadcast, retransmit, rebroadcast, distribute, redistribute, or make any commercial use of the Site and/or the Service. You may not copy, reproduce or prepare derivative works from, publicly perform, publicly display or distribute the Service or the Site in any manner not expressly authorized by CEGSOFT.
10. You will not reverse engineer, decrypt, decompile, or otherwise alter or interfere with the Site or the Service, or attempt to do so, or assist or encourage others in doing so.
11. You may not register for, activate or use more than one account.
12. You may not register for an account on behalf of any group or entity without such group or entity’s written authorization.
13. (13) You may not submit through the Site or through the Service false, misleading, or incorrect information to CEGSOFT when creating your account, using the Service, or at any other moment.
Any conduct by a User that in CEGSOFT’s exclusive discretion restricts or inhibits any other User from using or enjoying this Site and/or any of the External Sites is strictly prohibited. User shall not use this Site or any of the External Sites to advertise or perform any solicitation, including, but not limited to, the solicitation of Users of this Site and/or the External Sites to become Users of other online or offline services directly or indirectly competitive or potentially competitive with CEGSOFT.
If you breach or infringe, or CEGSOFT reasonably suspects that you may have breached or infringed any of the Terms of this section, or any other clauses, representations, and covenants of these Terms, CEGSOFT may, in its sole discretion, suspend, cancel, and/or terminate your account and/or access to the Site and/or the Service or any part thereof with or without previous notice to you. Also, to the extent CEGSOFT reasonably suspects a User has engaged in fraudulent, abusive, manipulative or illegal activities, such User may be referred to the appropriate law enforcement agencies. CEGSOFT may, in its sole discretion, terminate these Terms or suspend, cancel or terminate any right or license granted in these Terms, your Service account and/or the Service or any part thereof for any or no reason with or without notice to You. This includes, but is not limited to, circumstances in which CEGSOFT may have reasonable grounds to suspect that the information provided by you in creating your account is untrue, inaccurate, not current, or incomplete.
You understand and agree that any unauthorized use of the Site or the Service will result in irreparable injury to CEGSOFT, its affiliates and/or their business partners, and/or licensors, if any, for which monetary compensation would be inadequate, and in such event and/or in a breach of these Terms, CEGSOFT, its affiliates and/or their business partners, and/or licensors, as applicable, shall have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief against you. Nothing contained in this paragraph or elsewhere in these Terms shall be construed as to limit remedies or relief available pursuant to statutory or other claims that CEGSOFT, its affiliates and/or their business partners, and/or licensors, if any, may have under other clauses of these Terms or under separate legal authority, including but not limited to, any claim for intellectual property infringement.
COPYRIGHT & TRADEMARKS: The CEGSOFT name and logo, “CEGpass” name and logo, “Expert PR Taxes” name and logo, “Expert Tax” name and logo, the Service, as well as all the content included in the Site and the External Sites, including without limitation the text, graphics, other logos, icons, screens and configurations, photographs, audio and video clips, music and sound, picture images, website architecture, format, layout and data structures, product names, logos, commercial symbols, trade names and slogans are the EXCLUSIVE property of CEGSOFT or its licensors (or is a nominative use of trademark) and are protected by United States and international copyright and trademark laws. All software used in the Service and in this Site is the property of CEGSOFT or its software suppliers, if any, and is also protected by United States’ and international copyright laws. You do not acquire any ownership rights by agreeing, accepting or consenting to these Terms. You do not acquire any ownership rights by printing or downloading any information or using the Site and/or the Service. Any use of the content or software of the Service or the Site other than for the express Service provided is strictly prohibited, including without limitation REPRODUCING, MODIFYING, DISTRIBUTING, TRANSMITTING, REPLICATING OR PUBLIC EXHIBITION, CREATING DERIVATIVE WORKS, COPYING, POSTING, LINKING, OR OTHERWISE MODIFYING OF THIS SITE OR ANY OF THE EXTERNAL SITES. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject User to civil and/or criminal penalties.
LICENSE & RIGHTS GRANTED: Subject to these Terms, CEGSOFT grants you a limited, non-exclusive, non-transferable, non-assignable and revocable right to a limited use of the Site for the purposes stated in these Terms in order to access and observe through an Internet browser its content, if available and provided by CEGSOFT, and to use the limited functionalities of the Site such as registration, logging in and out, and purchasing as may be provided, changed and limited by CEGSOFT from time to time. These Terms do not supersede or modify in any way, and are not superseded or modified in any way, by the terms of any Master License Agreement or similar agreement between you and CEGSOFT with respect to the licensing of a particular CEGSOFT software or product. This Agreement and any such Master License Agreement or similar agreement shall remain independent documents.
You grant CEGSOFT a transferable, assignable, royalty free, perpetual, irrevocable right to use, reproduce, modify, adapt, publish, edit, translate and distribute, in whole or in part, any information, content, communications, comments, messages, information or material you may supply to the Site (the “User Generated Content”) including, but not limited to, the use of the information to provide you products or services and to execute any appropriate charges as further explained in these Terms. CEGSOFT may assign the Terms and its rights that arise hereunder. You may not assign your rights under these Terms.
By posting User Generated Content on or through this Site or any External Sites, User shall be deemed to have granted to CEGSOFT a royalty-free, perpetual, irrevocable, world-wide, non-exclusive license to use, reproduce, modify, adapt, publish, edit, translate, distribute, perform, and display the User Generated Content alone, or as part of other derivative works, in any form, media, or technology whether now known or hereafter developed without territorial or time limitations; to use such User Generated Content for promotions, advertising, market research or any other lawful purpose; and to sublicense such rights through multiple tiers of sublicensees.
NO WARRANTY & RELEASE: THE SITE AND THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY AND ALL PARTS THEREOF, ARE PROVIDED ON AN “AS IS” BASIS WITH NO WARRANTIES WHATSOEVER AND THE USE OF THE SITE AND/OR THE SERVICE, INCLUDING WITHOUT LIMITATION ANY AND ALL PARTS THEREOF, IS ENTIRELY AT YOUR OWN RISK.CEGSOFT AND ITS OFFICERS, DIRECTORS, OWNERS, REPRESENTATIVES, INDEPENDENT CONTRACTORS, EMPLOYEES, AGENTS, AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE AND THE SERVICE, THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED IN THE SITE AND THE SERVICE, WARRANTIES OF THIRD PARTY MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND THE STATUTORY WARRANTY AGAINST NON-INFRINGEMENT OF PROPRIETARY RIGHTS, AND WILL NOT BE LIABLE OR RESPONSIBLE FOR THE CHARACTER, QUALITY PERFORMANCE, OR FITNESS FOR A PARTICULAR PURPOSE OF ANY PRODUCT ACQUIRED BY YOU OR ON YOUR BEHALF FROM CEGSOFT. WARRANTY COVERAGE FOR A PRODUCT, IF ANY, WILL BE LIMITED TO SUCH WARRANTY OFFERED BY CEGSOFT, IF ANY, ON A SEPARATE SOFTWARE LICENSING AGREEMENT, OR OTHER SIMILAR AGREEMENT.THERE IS NO WARRANTY THAT THE SERVICE OR THE SITE WILL MEET YOUR REQUIREMENTS OR THAT YOUR ACCESS TO THE SAME WILL BE UNINTERRUPTED OR VIRUS OR ERROR-FREE. CEGSOFT AND/OR CEGSOFT’S ENTITIES, AS APPLICABLE, DO NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICE OR THE SITE WITH RESPECT TO PERFORMANCE, ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, SECURITY CAPABILITY, OPERABILITY, AVAILABILITY OF INFORMATION OR MATERIAL, CURRENTNESS OR OTHERWISE AND ARE NOT RESPONSIBLE FOR UNAVAILABLE NETWORK CONNECTIONS, FAILED OR INCOMPLETE OR DELAYED COMPUTER TRANSMISSIONS, ONLINE FAILURES, HARDWARE OR SOFTWARE OR OTHER TECHNICAL MALFUNCTIONS OR DISTURBANCES, OR ANY OTHER COMMUNICATIONS FAILURES OR CIRCUMSTANCES AFFECTING, DISRUPTING OR CORRUPTING THE CEGSOFT SERVICE IN ANY MANNER INCLUDING WITHOUT LIMITATION THE USER’S ABILITY TO RECEIVE NOTIFICATIONS, PURCHASE ITEMS OR ANY OTHER FUNCTION OF THE CEGSOFT SERVICES AND SITE. YOU WILL NOT HOLD CEGSOFT AND/OR CEGSOFT´S ENTITIES, AS APPLICABLE, RESPONSIBLE FOR ANY DAMAGES THAT RESULT FROM YOU ACCESSING THE SERVICE OR USING THE SERVICE, AND/OR THE SITE INCLUDING, BUT NOT LIMITED TO, ANY INFECTIONS OR CONTAMINATIONS OF THE DEVICES YOU USE TO ACCESS THE SAME OR TO TRANSFER INFORMATION OR DATA THAT MAY RESULT FROM THAT USE. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY CEGSOFT AND ITS OFFICERS, DIRECTORS, OWNERS, REPRESENTATIVES, INDEPENDENT CONTRACTORS, EMPLOYEES, AGENTS, OR AFFILIATES, THIRD PARTY MERCHANTS OR BUSINESS PARTNERS, WILL CREATE A WARRANTY AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. CEGSOFT IS NOT RESPONSIBLE TO YOU FOR ANY CONTENT PROVIDED THROUGH THE SERVICE OR FOR ANY DOWNLOAD OR CONTENT YOU FIND OBJECTIONABLE.CEGSOFT HAS NO CONTROL OVER THE INTERNET AND CANNOT PREVENT THE INTERCEPTION OF MESSAGES BY UNAUTHORIZED PARTIES OR GUARANTEE THAT SUCH UNAUTHORIZED PARTIES MAY NOT BE ABLE TO DECRYPT ENCRYPTED MESSAGES. ACCORDINGLY, UNDER NO CIRCUMSTANCES WILL CEGSOFT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE INCURRED BY ANY USER AS THE RESULT OF UNAUTHORIZED INTERCEPTION OR DECRYPTION OF INFORMATION TRANSMITTED TO OR BY CEGSOFT. USERS MUST IMMEDIATELY NOTIFY CEGSOFT OF ANY KNOWN OR SUSPECTED UNAUTHORIZED USE OF A USER’S ACCOUNT OR ANY KNOWN OR SUSPECTED BREACH OF SECURITY, INCLUDING LOSS, THEFT, OR UNAUTHORIZED DISCLOSURE OF A USER’S PASSWORD.CEGSOFT WILL NOT BE LIABLE FOR ANY ALLEGED CLAIM OF COPYRIGHT OR TRADEMARK INFRINGEMENT RESULTING OUT OF THE USE OF THE MATERIAL POSTED ON THE SITE BY USERS.UNDER NO CIRCUMSTANCE SHALL CEGSOFT OR ITS OFFICERS, DIRECTORS, OWNERS, REPRESENTATIVES, INDEPENDENT CONTRACTORS, BUSINESS PARTNERS, EMPLOYEES, AGENTS, AND AFFILIATES, AS APPLICABLE, BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE AND/OR THE SITE, EVEN IF CEGSOFT AND/OR ITS OFFICERS, DIRECTORS, OWNERS, REPRESENTATIVES, BUSINESS PARTNERS, INDEPENDENT CONTRACTORS, EMPLOYEES, AGENTS AND AFFILIATES, AS APPLICABLE, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.RELEASE: YOU HEREBY RELEASE AND FOREVER DISCHARGE CEGSOFT AND ITS OFFICERS, DIRECTORS, OWNERS, REPRESENTATIVES, INDEPENDENT CONTRACTORS, AGENTS, EMPLOYEES, AFFILIATES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FROM ANY AND ALL MANNER OF LIABILITY, CLAIMS, COUNTERCLAIMS, DEMANDS, SETOFFS, DAMAGES OR CAUSES OF ACTION, WHICH YOU NOW HAVE OR WHICH MAY HEREAFTER ACCRUE, WHETHER HERETOFORE ASSERTED OR UNASSERTED, KNOWN OR UNKNOWN, ARISING OUT OF, OR IN ANY WAY RELATING TO THE USE OF THE SITE OR ANY SERVICE BY YOU OR TO THE PURCHASE OF ANY PRODUCT OR SERVICE BY YOU, SPECIFICALLY INCLUDING BUT NOT LIMITED TO ANY CLAIMS BASED IN WHOLE OR IN PART UPON THE ALLEGED NEGLIGENCE OF CEGSOFT IN OPERATING THE SITE, THE SERVICE OR OTHERWISE.LIMITATION OF LIABILITY & INDEMNIFICATION: NEITHER CEGSOFT NOR ANY OF ITS REPRESENTATIVES, AFFILIATES, LICENSORS OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF THE SERVICES OR TRANSACTIONS THROUGH THIS SITE OR THE INABILITY TO GAIN ACCESS TO THE SITE. YOU AGREE THAT, IN NO EVENT SHALL CEGSOFT OR ITS OFFICERS, DIRECTORS, OWNERS, INDEPENDENT CONTRACTORS, EMPLOYEES, AGENTS, LICENSORS OR AFFILIATES BE LIABLE, AND YOU RELEASE ALL SUCH PERSONS FROM ANY LIABILITY, DIRECTLY OR INDIRECTLY, TO YOU FOR ANY LOSS, DAMAGE, LIABILITY OR EXPENSE ARISING OUT OF OR RELATED TO THE USE OF THIS SITE OR THE USE OF THE SERVICE THROUGH THIS SITE REGARDLESS OF WHETHER SUCH LOSS, DAMAGE, LIABILITY OR EXPENSE RESULTS DIRECTLY OR INDIRECTLY FROM CEGSOFT. IN ANY EVENT, CEGSOFT´S LIABILITY TO YOU IS LIMITED TO $200.00. CEGSOFT may in its sole discretion terminate the Terms or change, modify, discontinue, inactivate, suspend, cancel or terminate your account and/or the Site and/or the Service or any part thereof for any or no reason with or without previous notice to you. CEGSOFT shall not be liable to you or to any third party for any modification and/or discontinuation of the Site and/or the Service or any part thereof.
You agree to defend, indemnify, and hold CEGSOFT and its officers, directors, owners, representatives, independent contractors, employees, agents, and affiliates (collectively, the Indemnitees) harmless for, from and against any loss, claims, actions, demands, causes of action, and other proceedings (collectively the “Claims”) by reason of, in any way relating to, or arising out of: (a) your use of the Site and/or the Service or any part thereof and any violation of any law, rule or regulation arising out of such use; (b) any misuse of information, including email addresses and email content arising out of or relating to your use of the Site and/or the Service; (c) any purchase or download of a product; (d) any content or information uploaded by You or through your account to the Site, the Service, the computer systems running the Site and/or the Service or otherwise including any information You provide to CEGSOFT; and (e) any violation of these Terms. You agree to reimburse any and all Indemnitees on demand for any losses, costs, judgments, fees, fines, and other expenses they incur including without limitation attorney’s fees and court and filing fees and costs, as result of any Claims.
USER IS SOLELY RESPONSIBLE FOR ANY INTERACTIONS WITH THIRD PARTY MERCHANTS, IF ANY, AND OTHER USERS OF THE SITE OR EXTERNAL SITES. TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, USER HEREBY RELEASES CEGSOFT FROM ANY AND ALL CLAIMS OR LIABILITY RELATED TO ANY PRODUCT OR SERVICE OF THIRD PARTY MERCHANTS, ANY ACTION OR IN-ACTION BY THIRD PARTY MERCHANTS, INCLUDING A THIRD PARTY MERCHANTS’ FAILURE TO COMPLY WITH APPLICABLE LAW AND/OR FAILURE TO ABIDE BY THE TERMS OF DEALS OR OFFERS.APPLICABLE LAW AND JURISDICTION: These Terms shall be exclusively construed and governed by the laws of the Commonwealth of Puerto Rico without regard to its conflict of law provisions or the laws of any other state or country or your actual state or country of residence. You agree that the federal and state courts located in the Commonwealth of Puerto Rico shall have exclusive jurisdiction and venue over any action brought to enforce the rights and obligations in or arising from these Terms and you irrevocably submit to the jurisdiction of such courts.
MONITORING & PRIVACY: As part of the Service, CEGSOFT may provide the ability to integrate certain social networking internet sites into the CEGSOFT Site. CEGSOFT shall have the right, but not the obligation, to monitor the content of the Site and any External Sites at all times, including any chat rooms, discussions, comments posted and forums that may hereinafter be included as part of the Site, to determine compliance with these Terms and any operating rules established by CEGSOFT, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, CEGSOFT shall have the right, but not the obligation, to remove any material that CEGSOFT, in its sole discretion, finds to be in violation of the provisions hereof or otherwise undesirable, objectionable, or inappropriate. CEGSOFT shall not be responsible for any such removal, failure to remove or delay in removing such content.
END OF AGREEMENT & THIRD-PARTY RESPONSIBILITY: CEGSOFT may terminate this Agreement at any time. Without limiting the foregoing, CEGSOFT shall have the right to immediately terminate or suspend any passwords or accounts of User in the event of any conduct by User or which CEGSOFT, in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement.
Your cancellation of your account is your sole right and remedy with respect to any dispute with CEGSOFT and you agree that such right is proper and represents the allocation of risk and conforms to the pricing, fees and considerations under these Terms.
MISCELLANEOUS & DISCLOSURES: This Agreement, including the Payment Policy (CREATE HYPERLINK) (which are incorporated into this Agreement), and any operating rules for CEGSOFT as may be established by CEGSOFT from time to time, constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of this Agreement shall continue in full force and effect. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.
FORCE MAJEURE & EXPORT RESTRICTIONS: CEGSOFT will not be liable in any amount for failure to perform under these Terms if such failure is caused by power, Internet or communication outages, fire, flood, earthquakes, tornadoes, hurricanes, wars, acts of God, force majeure, or the occurrence of any other unforeseen contingency or event beyond the control of CEGSOFT. If you fail to receive the Service because of network congestion or unavailability, you may contact CEGSOFT at the email provided below.
United States export laws and regulations restrict the exportation and/or re-exportation through downloading or otherwise into certain embargoed countries. By downloading from the Site, you are representing that you are not located in any of the prohibited countries and that you will not export the software except in compliance will all applicable U.S. laws and regulations.
ARBITRATION & REPRESENTATION: By using this Site, User agrees that: (1) any claim, dispute, or controversy User may have against CEGSOFT arising out of, relating to, or connected in any way with this Agreement, this Site, or any External Sites, or the purchase or sale of any products or services, shall be resolved exclusively by final and binding arbitration and conducted before a single arbitrator pursuant to the applicable Rules and Procedures (“Rules and Procedures”) established by the Commonwealth of Puerto Rico (“arbitration forum”); (2) the arbitration shall be held at the Commonwealth of Puerto Rico or at such other location as may be mutually agreed upon by User and CEGSOFT; (3) the arbitrator shall apply Puerto Rico law consistent with the Federal Arbitration Act. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by the arbitration forum, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein.
You represent that you are of legal age to form a binding contract. You must be at least 18 years old to be eligible to use the Site. However, if you are at least 16 years old but not yet 18, you may use the Site in conjunction with your parent or guardian who agrees to these Terms. No one under age 16 may use the Site.
CONTACTING US & CUSTOMER SUPPORT: You may cancel your account at any time. You may do so by submitting a support ticket via the Expert Tax application with the subject “Cancel Account”.
SEVERABILITY OF AGREEMENT: These Terms constitute the entire Agreement between you and CEGSOFT and supersede all prior agreements and understandings, whether written or oral or otherwise, with respect to the subject matter of these Terms and Conditions of Use. If any term, provision, covenant or restriction of the Terms and Conditions of Use is held by a court of competent jurisdiction or other authority to be invalid, void, unenforceable or against public policy, the remainder of these Terms and Conditions of Use shall remain in full force and effect and the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties. CEGSOFT’s failure to pursue any available claim or defense pursuant to these Terms will not be a waiver of such claim or defense. The headings used in this Agreement are for convenience only, and will have no effect on the interpretation or legal enforceability of the terms herein.
Effective Date: 11/16/2022
By using the Site you are accepting and agreeing to be bound by each of the Terms set forth in this Policy. CEGSOFT may modify this Policy at any time. Amended terms of this Policy are effective as of the date that they are posted. You should, therefore, review this Policy from time to time. Your access and use of the Site or any purchases or downloads made through the Site after the effective date of any amendment to this Policy means that you have accepted its amended terms. If you do not agree to be bound by (or cannot comply with) the terms of this Policy as amended from time to time, you agree that your sole remedy is to cease using the Site. Your continued use of the Site or any purchase or download made through the Site constitutes your agreement to be bound by the amended terms (that is, the then current terms) of this Policy.
For purposes of this Policy, to use, access and/or visit the Site includes visiting the Site or any of its pages, requesting or obtaining any quote from CEGSOFT, making purchases or downloading through the Site, registering (partially or completely) in the Site, and/or logging in and out (“Use”).
In order to streamline your shopping experience, and receive electronic communications about new products and Site and Service announcement updates, CEGSOFT recommends that you complete our registration form. Your information (both personally identifiable information and non-personally identifiable information) is collected when you register with the Site to receive certain services or products offered through CEGSOFT. CEGSOFT may also request and collect personally identifiable information when you opt to participate in sponsored programs CEGSOFT or any affiliates may offer from time to time, including but not limited to, promotional invitations, survey invitations, advertisements and/or other such promotions.
CEGSOFT and/or its agents may collect your personal identifiable information when you Use the Site or when you register to Use the Site. CEGSOFT may also collect your personal identifiable information when you otherwise submit information to CEGSOFT, including instances when you do not complete any applicable registration process in its entirety. The type of personal identifiable information that CEGSOFT collects may include, without limitation, your: (a) full name; (b) email address and mobile telephone number; (c) age; (d) physical or mailing address; (e) tax group or corporate network; and (f) any and other information requested on the applicable registration form including computer ability, type of use and profession. CEGSOFT may contract or employ other companies, agents or entities to send mail or email to you, fix internal problems in relation to the handling personally identifiable information, analyze data, provide business and marketing analysis, and to perform other functions on behalf of CEGSOFT.
CEGSOFT may use your personal information to provide or improve customer service, to provide you with information that you may request, customize your experience on the Site, and/or to contact you when necessary in connection with transactions you entered into. CEGSOFT may contact you through mail, email or over the phone (through calls or messages) to assist you, enhance your purchasing experience, provide you with offers or quotes, or inform you about opportunities available with CEGSOFT. CEGSOFT may use your personal information to analyze and manage its business and for any other internal purposes. CEGSOFT may use third parties to help operate the Site, its business or for any other product or activity.
CEGSOFT reserves the right to release past or current personally identifiable information in the event that CEGSOFT believes that you are using or have used CEGSOFT’s products, services, and/or the Site (or any part thereof): (i) in violation of the Terms of the Site, as they may be amended from time to time; (ii) to break the law. Additionally, CEGSOFT may release your personally identifiable information if (i) such information is subpoenaed or ordered to be disclosed by any authority; (ii) CEGSOFT is sold, acquired or merges with any other entity; and/or (iii) CEGSOFT deems it necessary or appropriate to comply with applicable law or regulations.
By registering (partially or completely) at the Site, when you Use the Site to obtain, solicit, download or purchase any products from the Site, and/or through any other means and/or when submitting information to CEGSOFT, you agree that such acts constitute an inquiry and/or application for purposes of the Telemarketing Sales Rule (16 CFR §310 et seq.), as amended from time to time (the “Rule”), and any applicable state do-not-call regulations. As such, notwithstanding that your telephone number may be listed on the Federal Trade Commission’s Do-Not-Call List and/or on any applicable state do-not-call lists, CEGSOFT may contact you via telemarketing in accordance with the Rule and any applicable state do-not-call regulations.
You agree to receive marketing from CEGSOFT, including but not limited to, text-message-based marketing. Even if your mobile telephone number is listed on any state and/or federal Do-Not-Call registries, CEGSOFT retains the right to contact you via text-message-based marketing in accordance with applicable state and federal laws.
Except as otherwise provided in this Policy, or if CEGSOFT requests from you and obtains your permission to share your personally identifiable information with third parties, CEGSOFT shall not share your personally identifiable information with third parties.
Personally identifiable information may be disclosed to the proper authorities in special situations where CEGSOFT has reason to believe that doing so is necessary to identify, contact or bring legal action against anyone damaging, injuring, or interfering (intentionally or unintentionally) with CEGSOFT’s rights, property, users, or anyone else who may be harmed by such activities. CEGSOFT may reveal personally identifiable information when it has been informed by law enforcement authorities or has established a good faith belief that the law requires CEGSOFT to do so.
For privacy and security purposes, your CEGSOFT account information may be password and/or secret phrase protected. If the Site or any part or component thereof requires the use of a password or secret phrase, you have the responsibility to maintain the secrecy and/or integrity of your password or secret phrase by taking reasonable measures to ensure these are not misused. You must notify CEGSOFT immediately should you suspect that your password or phrase secrecy and/or integrity have been compromised.
Non-personally identifiable information (including without limitation, the type of browser that you use and its version, your IP address, your location or your general geographic location, the operating system that you use and its version, and the domain name of your Internet service provider, aggregate information from all Site visitors and/or registered users) may be collected by CEGSOFT and used to analyze and improve CEGSOFT’s service and products and to design, customize, and improve the Site and for any other purpose, including but not limited to commercial purposes. CEGSOFT may share non-personally identifiable information with third parties.
CEGSOFT may sell, rent, lease or otherwise provide the non-personally identifiable information that you supply to CEGSOFT (or that CEGSOFT generates from any non-personally identifiable or non-personally identifiable information or any other information) to any third party including, without limitation, as permitted by law to: (a) providers of direct marketing services and applications, including lookup and reference, data enhancement, suppression and validation; (b) e-mail marketers; (c) telemarketers; (d) text-based marketers; and (e) direct marketers. The aforementioned third parties may bring selected business, retail, product, service, sale, or other opportunities to you, with or without CEGSOFT’s endorsement.
Nothing in this Policy shall be interpreted as CEGSOFT representing, offering, or guaranteeing any products, services or programs to you. CEGSOFT is under no obligation to provide or maintain any services or the Site. The Site may contain links to other websites (“External Links”). CEGSOFT is not responsible for the privacy practices of other websites. We encourage users to read the privacy statements of each and every website that collects personally identifiable information.
All the information that we hold can be accessed through the user account. You may correct, amend, or delete the personal information we hold about you. An individual who seeks access, or who seeks to correct, amend, or delete inaccurate data can also submit a request to [email protected]. If requested to remove data, we will respond within a reasonable timeframe.
Where the data to be collected or processing is optional, individuals are given choice. Where disclosure is optional and not necessary to provide the product or service, individuals have a choice and can opt-out of sharing. Users can contact [email protected] for assistance in managing preferences where possible. We do not charge fees for an individual to exercise this right.
How To Contact Us
This Data Protection Policy (the “Policy”) refers to CEGSoft (the “Company”) commitment to treat information of employees, customers, stakeholders and other interested parties with the utmost care and confidentiality.
With this Policy, we ensure that we gather, store, and handle data fairly, transparently and with respect towards individual rights.
This Policy refers to all parties (employees, job candidates, customers, suppliers etc.) who provide any amount of Information, as defined herein, to us.
Who is covered under the Policy?
Employees of our Company and its subsidiaries must follow this Policy. Contractors, consultants, partners, and any other external entity that gathers, stores, and/or handles Information for the Company are also covered. Generally, our Policy refers to anyone we collaborate with or acts on our behalf and may need occasional access to the Information we collect, handle, and store.
As part of our operations, we need to obtain and process the Information we receive. This Information includes any offline or online data that makes a person identifiable such as names, addresses, tax group or corporate network, age, email address, etc. (collectively referred to as, the “Information”).
Our Company collects this Information in a transparent way and only with the full cooperation and knowledge of interested parties. Once this Information is available to us, the following rules apply.
Our Information will be:
• Used accurately for the purpose it was gathered;
• Kept up to date as reasonably possible;
• Stored until no longer needed for the purpose it was collected;
• Collected fairly and for lawful purposes only;
• Processed by the Company within its legal and moral boundaries; and
• Protected against any unauthorized or illegal access by internal or external parties.
Our Information will not be:
• Transferred to organizations, states or countries that do not have adequate data protection policies;
• In addition to ways of handling the Information, the Company has direct obligations towards people to whom the Information belongs. Specifically we will:
◦ Let people know which of their Information is collected;
◦ Inform people about how we’ll process their Information;
◦ Inform people about who has access to their Information;
◦ Have provisions in cases of lost, corrupted or compromised Information; and
◦ Allow people to request that we modify, erase, reduce or correct, within a reasonable time period, Information contained in our databases.
• Notwithstanding the above, Information may need to be released to entities outside of the Company. When a legitimate business reason exists for releasing Information, a written Nondisclosure Agreement (NDA), requiring the Information recipient’s agreement to maintain that Information in confidence and restrict its use and dissemination, must be obtained before disclosing the Information.
To exercise Information protection we’re committed to:
• Restrict and monitor access to sensitive Information;
• Develop transparent Information collection procedures;
• Train employees in online privacy and security measures;
• Build secure networks to protect online data from cyberattacks;
• Establish clear procedures for reporting privacy breaches or Information misuse;
• Establish Information protection practices (document shredding, secure locks, data encryption, frequent backups, access authorization etc.); and
• Our Information protection provisions will appear on our website.
All principles described in this Policy must be strictly followed. A breach of this Policy will invoke disciplinary and possibly legal action by the Company against any person and/or entity that has caused the breach.
General: The following payment policy (“Payment Policy”) is considered part of the Terms and Conditions (“Terms”) of the CEGSOFT website, located at http://www.cegsoft.com/terms or http://www.experttax.com (“Site”). By making any purchases through the Site (individually and collectively, the “Service”) you (“You”) are accepting and agreeing to be bound by each of the conditions of sale and other Terms set forth herein, including the Payment Policy.
Eligibility & Price: The monthly membership price per license stated at the time of purchase will apply to the licenses You purchase today for the initial one-year term. You can purchase additional licenses at any time. These additional licenses will co-terminate at the end of Your one-year term. Alternatively, You may subscribe to a monthly plan. When You subscribe to a monthly plan, You agree that every payment will be charged automatically to Your credit card. The first installment will be charged along with the purchase transaction. Remaining payments will be scheduled automatically on the day selected after choosing the Payment Plan. CEGSOFT requires You to provide the credit card security code for any online purchase. CEGSOFT may change the price of the Services at any time and will notify You by email at least 15 days before the price change. If You do not agree to the price change, You must cancel and stop using the Services before the price change takes effect. If there is a fixed term and price for Your Service offer, that price will remain in force for the term.
Charges: If there is a charge associated with a portion of the Services, You agree to pay that charge. The price stated for the Service excludes all applicable taxes and currency exchange settlements, unless stated otherwise. You are solely responsible for paying such taxes or other charges. You also agree that, in addition to other amounts payable for the Services, you shall pay all local, state, and federal taxes (but excluding taxes imposed on CEGSOFT’s net income) levied or imposed by reason of the Services. You shall promptly pay to CEGSOFT an amount equal to any such taxes actually paid or required to be collected or paid by CEGSOFT. In the event You make a purchase using the Site, You will be required to provide CEGSOFT with Your credit card billing information. You agree to pay for all charges accumulated by You on the Site (100% of the total invoice).
Billing: By providing CEGSOFT with a payment method, You (i) represent that You are authorized to use the payment method that You provided and that any payment information You provide is true and accurate; (ii) authorize CEGSOFT to charge You for the Services using Your payment method; and (iii) authorize CEGSOFT to charge You for any paid feature of the Services that You choose to sign up for or use while this Payment Policy is in effect. CEGSOFT may bill You (a) in advance; (b) at the time of purchase; (c) shortly after purchase; or (d) on a recurring basis for subscription Services. Also, CEGSOFT may charge You up to the amount You have approved, and CEGSOFT will notify You in advance of any change in the amount to be charged for recurring subscription Services. CEGSOFT may bill You at the same time for more than one of Your prior billing periods for amounts that have not previously been processed.
Suspension of Services: If the invoicing for the Services is not successful due to insufficient funds on Your part, CEGSOFT may suspend or cancel the Services. Suspension or cancellation of the Services for non-payment could result in a loss of access to and use of Your account and its content.
Automatic Renewal: On Your renewal date, CEGSOFT will renew Your contract automatically for the number of licenses associated with Your account at the end of Your one-year term unless You cancel or modify Your subscription to the Services. Provided that automatic renewals are allowed in Your country, province, or state, CEGSOFT will inform You by email before automatically renewing Your Services. Once CEGSOFT has informed You that Services will be automatically renewed, CEGSOFT may automatically renew Your Services and charge You the then current price for the renewal term. You must cancel the Services before the renewal date to avoid being billed for the renewal.
Online statement and errors: CEGSOFT may provide You with an online billing statement on the Tenant Account Management website (https://commerce.CEGSOFT.com), where You can view and print Your statement. This is the only billing statement that CEGSOFT provides. It is Your responsibility to print or save a copy of each online statement and retain such copy for Your records. If CEGSOFT makes an error on Your bill, You must tell CEGSOFT within 120 days after the error first appears on Your bill. CEGSOFT will then promptly investigate the charge. If You do not tell CEGSOFT within that time, You release CEGSOFT from all liability and claims of loss resulting from the error and CEGSOFT will not be required to correct the error or provide a refund. If CEGSOFT has identified a billing error, CEGSOFT will correct that error within 90 days.
Canceling the Services: You may cancel the Services at any time, with or without cause. Information and direction on how to cancel Your Services is provided on the Tenant Account Management website (https://commerce.CEGSOFT.com). You should refer back to the offer describing the Services as (i) You may not receive a refund at the time of cancellation; (ii) You may be obligated to pay cancellation charges; (iii) You may be obligated to pay all charges made to Your billing account for the Services before the date of cancellation; and/or (iv) You may lose access to and use of Your account when You cancel the Services. If You cancel, Your Services will end at the end of Your current Service period or, if CEGSOFT bills Your account on a periodic basis, at the end of the period in which You canceled.
Payments to You: If CEGSOFT owes You a payment, then You agree to timely and accurately provide CEGSOFT with any information CEGSOFT needs to make the payment. You are responsible for any taxes and charges You may incur as a result of such payment to You. You must also comply with any other conditions CEGSOFT places on Your right to any payment. If You receive a payment in error, CEGSOFT may reverse or require return of the payment. You agree to cooperate with CEGSOFT in its efforts to do this. CEGSOFT may also reduce the payment to You without notice to adjust for any previous overpayment.
Internet access Services and charges: The Services do not include Internet access. You are responsible for paying the fees charged by Your Internet access or Wi‑Fi providers. Those fees are in addition to the fees You pay CEGSOFT for the Services. If You access the Services through wireless devices (for example, phones and tablets), Your wireless carrier may charge fees for alerts, web browsing, messaging, and other services that require the use of airtime and wireless data services. Check with Your carrier to verify whether there are any such fees that may apply to You. You are solely responsible for any costs You incur to access the Services through any wireless or other communication service.
Credits and Refunds: All sales are final. Except as otherwise provided herein, any store credit(s) in Your account will be applied to purchases, and will not be paid to You as a refund. If a transaction exceeds the value or remaining balance of Your store credit(s), the balance of the purchase price must be paid by You. You can view Your store credit(s) balance at any time by visiting your profile at www.experttax.com.
Penalties and additional fees: You agree that in the event CEGSOFT is unable to collect the fees You owe CEGSOFT, CEGSOFT may take any steps it deems necessary to collect such fees from You, and that You will be responsible for all costs and expenses incurred in connection with such collection efforts, including collection fees, court costs and attorneys’ fees. You further agree that CEGSOFT may collect interest at the lesser of one and a half percent (1.5%) per month, or the highest amount permitted by law on any amounts not paid when due.
Other terms: The prices displayed on the Site are quoted in United States dollars. In the event a product is listed at an incorrect price, CEGSOFT has the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed or Your credit card has been charged. If Your credit card has already been charged for the purchase and Your order is canceled by us, CEGSOFT will issue a credit to Your credit card account.
How you're billed for members
On paid plans, you’re billed for the number of members you purchased a subscription for. Some subscriptions, such as Expert Tax Teams Add-on apply to all active members in your account.
Administrators can cancel a subscription at any time. Refunds will not be issued in case of cancellation. Some products have a 12 month commitment. Please contact sales if you have questions.
Adding new members during your billing period
If you’re on a paid plan and add new members partway through the billing period, we’ll only charge for the time used. We’ll keep track of this for you, and bill you accordingly.
When you'll see credit card charges
You'll see the first credit card charge from Expert Tax subscription on the day you purchase a paid plan. Here are some other times you'll see charges: