Taxwell Terms of Use

Last Updated: July 25, 2024

Introduction

Welcome to the Taxwell.com website (the “Site”), which is owned and operated by DS Admiral Bidco, LLC d/b/a Taxwell (“Taxwell,” “we,” “our”). By accessing and using this Site, you agree to follow and be bound by the following terms and conditions concerning your use of this Site (“Terms of Use”).

Modification of These Terms of Use

Taxwell reserves the right to modify and update these Terms of Use from time to time in Taxwell’s sole discretion. All changes are effective immediately when posted to the Site and apply to all access to and use of the Site thereafter. By continuing to use the Site following the posting of such modifications, you agree to be bound by the revised Terms of Use.

No Unlawful or Prohibited Use

As a condition of your use of the Site, you warrant to Taxwell that you will not use the Site for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of any of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

Links to Affiliated Web Sites

This Site may contain links to our affiliated company websites, Drake Software, DrakeCPE, 1040.com and TaxAct (the “Affiliated Sites”). If you purchase products or services from one of the Affiliated Sites, such purchase shall be subject to the terms and privacy notice set forth on the applicable Affiliated Site.

Links to Third Party Web Sites

The Site may contain links to other websites provided by third parties (“Linked Sites”). The Linked Sites are not under the control of Taxwell and Taxwell is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Taxwell is not responsible for webcasting or any other form of transmission received from any Linked Site. Taxwell provides links to you only as a convenience, and the inclusion of any link does not imply endorsement by Taxwell of the site or any association with its operators. You acknowledge and agree that Taxwell has no control or responsibility for any Linked Sites and accepts no responsibility or liability for any loss or damage that may arise from your use of such Linked Sites.

Disclaimer of Warranties and Limitation of Liabilities

Taxwell makes no representations or warranties about the information or other materials published on this Site for any purpose and all information or other materials provided on this Site are provided “as is” without warranty of any kind, whether express or implied. Taxwell hereby disclaims all warranties with regard to the content of this Site, including any warranties of Merchantability, fitness for a particular purpose, title, or non-infringement. Additionally, Taxwell makes no warranty that: (1) the information provided on this Site is accurate or reliable; (2) this Site and its content will meet your requirements; (3) this Site will not experience uninterrupted service; (4) this Site does not contain errors; or (5) this Site is secure from third parties.

Any content, materials, information or software downloaded or otherwise obtained through the use of the Site is done at your own discretion and risk. Taxwell has no responsibility for any damage to your computer system or loss of data that results from the download of any content, materials, information or software.

Indemnification

You agree to defend, indemnify, and hold harmless Taxwell, its affiliated companies, and their respective employees, agents, officers and directors successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Site, including, any use of the Site’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Sites.

Intellectual Property Rights

All contents, features, and functionality of the Site are owned by Taxwell, its licensors, or other suppliers or providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights. Taxwell is the owner and/or authorized user of all trademarks, registered trademarks and/or service marks appearing on the Site and is the copyright owner or licensee of the content and/or information on the Site. You may not download and/or save a copy of any of the pages on the Site except as otherwise provided in these Terms of Use, for any purpose. However, you may print a copy of the information on this Site for your personal use or records and not for further reproduction, publication or distribution. If you make other use of the Site, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to penalties. Taxwell does not grant any license or other authorization to any user of its trademarks, registered trademarks, service marks, or other copyrightable material or other intellectual property, by placing them on the Site. The names of actual companies and products mentioned herein and/or third-party trademarks and logos contained herein may be the trademarks of their respective owners. All rights not expressly granted herein are reserved.

Notices and Procedure for Making Claims of Copyright Infringement

If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials from the Site by submitting written notification to Taxwell’s copyright agent designated below. ALL INQUIRIES THAT DO NOT COMPLY WITH THE FOREGOING PROCEDURE WILL RECEIVE NO RESPONSE.

In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

Your physical or electronic signature.
Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Site, a representative list of such works.
Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the written notice is accurate.
A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated copyright agent to receive DMCA Notices is:

Brenda Burrell

Taxwell

235 E Palmer St

Franklin, NC 28734

Legal@drakesoftware.com

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Consent to Electronic Communications

By using the Site, you consent to receive all communications, notices, agreements, renewals, statements, and disclosures (collectively, “Communications”) electronically. Taxwell may provide Communications to you related to the Site and the services by electronic communication, including by email, facsimile, or by making such Communications available on the Site.

Termination/Governing Law

Taxwell reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, these Terms of Use are governed by the laws of the State of Delaware, and you hereby consent to the exclusive jurisdiction and venue of the state and federal courts in Delaware for all disputes arising out of or relating to these Terms of Use or your use of the Site. At Taxwell’s sole discretion, it may require you to submit any disputes arising from these Terms of use or your use of the Site to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association, applying Delaware law. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation, this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Taxwell as a result of your use of the Site. Taxwell’s compliance with these Terms of Use is subject to existing laws and legal process, and nothing contained herein is in derogation of Taxwell’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Taxwell with respect to such use. If any part of these Terms of Use is determined to be invalid or enforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in effect. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Entire Agreement

These Terms of Use constitute the entire agreement between you and Taxwell regarding your use of the Site and related services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.

Questions and Comments

If you have questions or comments about the Site or the services provided by Taxwell, please contact us at: webmaster@drakesoftware.com.