TERMS OF SERVICE
Effective Date: December 24th, 2020
TOTTB LLC (“TOTTB” or “we”) is a publishing company founded in 2020 and dedicated to serving the small business and tax planning communities. We publish Think Outside the Box, and brands with different audiences that share similar challenges and goals. For more information about TOTTB, please see the “About” section of our Sites.
These Terms of Service (“Terms”) describe the terms and conditions on which TOTTB offers access to https://www.ThinkOutsidetheTaxBox.com and their related branded websites (“Sites”), our mobile applications (“Mobile Apps”) and other digital services operated by TOTTB (collectively, with the Sites and Mobile Apps, “Services”).
Before accessing and using the Services, please read these Terms carefully because they constitute a legal agreement between TOTTB and you.
BY USING THE SERVICES THAT LINK TO OR DISPLAY THESE TERMS, YOU AFFIRM THAT:
- YOU HAVE READ AND UNDERSTAND THESE TERMS;
- YOU WILL COMPLY WITH THESE TERMS; AND
- YOU ARE AT LEAST THE AGE OF LEGAL MAJORITY IN YOUR PLACE OF RESIDENCE AND OTHERWISE LEGALLY COMPETENT TO ENTER INTO CONTRACTS.
- You are solely responsible for any and all charges, fees and other costs related to your use of the Services. If you access and use the Services on your smartphone, tablet or other mobile device, you agree that you are solely responsible for all charges that you incur from your Internet or mobile service provider.
- You must use the Services for lawful purposes only.
- You must not use the Services in any manner that could damage, disable, overburden or impair our servers or networks or interfere with any other party’s use and enjoyment of the Services.
- You must not attempt to gain unauthorized access to the Services or TOTTB computer systems or networks through hacking, password mining or other means.
- Without limiting any of the foregoing, you agree that you shall not (and you agree not to encourage or allow any third party to):
- copy, modify, adapt, translate, reverse engineer, decode or otherwise attempt to derive or gain access to any portion of the Services;
- remove any copyright, trademark or other proprietary rights notice contained in the Services;
- use any robot, spider, search/retrieval application or other automated device, process or means to access, retrieve, scrape or index any portion of the Services;
- rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Services or any feature or functionality of the Services to any third party for any reason;
- reformat or frame any portion of the web pages that are part of the Services;
- collect personal information through the Services without our express prior written consent; or
- use the Services to send any unauthorized or unsolicited commercial or promotional content.
- you own or otherwise control all of the rights to your Submission, including without implied limitation all copyrights;
- your Submission is true and accurate;
- your Submission does not violate the rights of any other person or entity, such as rights of privacy and publicity; and
- your Submission complies with applicable laws, rules and regulations.
- These Terms are an agreement between us and not with the App Platform. As between TOTTB and the App Platform, TOTTB is solely responsible for the Mobile Apps.
- The App Platform has no obligation to provide any maintenance and support services with respect to the Mobile Apps.
- In the event of any failure of the Mobile Apps to conform to any applicable warranty, (i) you may notify the App Platform and the App Platform may refund the purchase price for the Mobile Apps to you (if applicable), (ii) to the maximum extent permitted by applicable law, the App Platform will have no other warranty obligation whatsoever with respect to the Mobile Apps and (iii) any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty is, as between TOTTB and the App Platform, TOTTB responsibility.
- The App Platform is not responsible for addressing any claims you have relating to the Mobile Apps or your possession and use of the Mobile Apps.
- If a third party claims that a Mobile App infringes another party’s intellectual property rights, as between the App Platform and TOTTB, TOTTB is responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms of Service.
- The App Platform and its subsidiaries are third-party beneficiaries of these Terms as it relates to your license to the Mobile Apps. Upon your acceptance of the terms and conditions of these Terms, the App Platform will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the Mobile Apps against you as a third-party beneficiary thereof.
- You must also comply with all applicable third-party terms when using the Mobile Apps.
- PROMOTIONS
- LINKS TO OTHER WEBSITES AND SERVICES
- DISCLAIMER OF WARRANTIES & LIMITATIONS OF LIABILITY
- INDEMNIFICATION
- GOVERNING LAW; DISPUTE RESOLUTION
- ELECTRONIC CONTRACTING
- GEOGRAPHIC RESTRICTIONS
- TERMINATION
- CLAIMS OF COPYRIGHT INFRINGEMENT
- a physical or electronic signature of the persons authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
- a description of the copyrighted work that you claim has been infringed;
- a description of where in the Services the material that you claim is infringing is located;
- contact information reasonably sufficient to permit TOTTB to contact you;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
- a statement by you, made under penalty of perjury, that the information in your notification to TOTTB is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. MISCELLANEOUS
- These Terms and our PRIVACY POLICY contain the entire understanding by and between TOTTB and you with respect to the Services.
- These Terms inure to the benefit of and are binding on our and your successors and assigns, respectively.
- TOTTB may assign these Terms to a successor in interest (in whole or in part) but you may not assign the Terms without the prior express written consent of TOTTB.
- If any provision of these Terms is or becomes unenforceable or invalid, the remaining provisions will continue with the same effect as if such unenforceable or invalid provision was not used.
- If TOTTB fails or you fail to perform any obligation under these Terms and the other party does not enforce such obligation, the failure to enforce on any occasion will not constitute a waiver of any obligation and will not prevent enforcement on any other occasion.
- Nothing contained in these Terms creates a relationship or partnership, joint venture or agency between TOTTB and you.
- If TOTTB is or you are prevented from performing or unable to perform any obligation under these Terms due to any cause beyond the reasonable control of the party invoking this provision, the affected party’s performance will be extended for the period of delay or inability to perform due to such cause.
- Headings and captions are for convenience only.