Schwingo Terms and Conditions of Use

SCHWINGO Terms and Conditions of Use

Date of Last Revision: December 31, 2015.

The mobile application [Schwingo] (the “Application”) is owned and operated by Pendleton Accounting, LLC, a Missouri limited liability company. The Application provides tax return preparation and filing services (collectively, the “Services”). The Application may make changes or updates to the Services and service offering in its sole discretion.

These Terms and Conditions of Use (the “Terms of Use”) and the related Privacy Policy constitute a binding agreement between you and Pendleton Accounting, LLC d/b/a Schwingo (the “Owner,” “we,” or “us”). The Term of Use and Privacy Policy are strictly between you and Owner and no third‐party beneficiary is intended, including Apple, Inc. or any third‐party software provider. Please read carefully through all sections of the Terms of Use and the Privacy Policy. Your access to and use of the Application is subject to the Terms of Use and the Privacy Policy and all applicable laws. By accessing and using the Application or submitting your contact information to receive more information from us, you agree to be bound by the Terms of Use and the Privacy Policy. If you do not agree to the Terms of Use and the Privacy Policy, then you may not use the Application and you should not register with or submit your contact information to the Application. The Terms of Use and the Privacy Policy may be changed by us from time to time in our sole discretion. When required by applicable law, we will obtain your express consent to such modifications or changes in the Terms of Use and/or Privacy Policy. Please review the posted Terms of Use and Privacy Policy on a regular basis as your use of the Application will be governed by the then‐current Terms of Use and Privacy Policy.

USER REGISTRATION

You must be thirteen (13) years of age or older to use the Application. You may not register or use the Application if you are under thirteen (13) years of age.

You may obtain a quote for the Services without registering with the Application. However, you will be required to register with the Application in order to obtain the Services. You will choose or be assigned a unique user identifier and a password through Application’s registration process. You are solely responsible for keeping your account information confidential, such as the unique identifier and password. You are responsible for all activities (whether by you or by others) that occur under your password and account. You agree to notify us immediately of any unauthorized uses of your account or any other breach of security. Owner cannot and will not be liable for any loss or damage arising from your failure to keep your account information protected.

By registering on the Application, you represent and warrant that you are a real person and the information you provide is true and accurate to the best of your knowledge. You agree not to submit false information such as a false name, e‐mail address, address, social security number, or other tax‐related information when registering on the Application. By registering with the Application, you consent to receive periodic communication from Owner by e‐mail or other methods regarding the status of your account or other information associated with your account or the Application. For more information on how Owner may use the information you provide during registration and your use of the Application, please see the Privacy Policy.

LICENSE GRANT

We hereby grant you a revocable, non‐exclusive, non‐transferable, non‐sublicensable, limited license to access and use the Application and any related materials solely for your personal and non‐commercial use of the Services. All rights not expressly granted to you are reserved by us and our licensors.

USER RESPONSIBILITIES

You are responsible for providing your own mobile device and network access and any and all fees that are required to support your access to the Application through your mobile device. You are responsible for maintaining a copy of all data or information you submit to the Application. You are responsible for the final approval of any and all submitted tax forms or tax returns.

OWNER RESPONSIBILITIES

Owner and its affiliates shall have no obligation or responsibility to provide additional accounting or legal services related to or distinct from the Services. You may seek to engage your respective servicer provider for a distinct and separate engagement. Additional accounting or legal services shall include, but are not limited to, audit support, amending returns, or IRS inquiries. Owner disclaims any responsibility for lost data for which you fail to retain a back‐up copy.

Owner or its affiliates shall make reasonable efforts to abide by estimated time‐frames or appointment dates. However, Owner shall not be bound by such estimated time‐frames or appointment dates and these are provided strictly as an estimate. Actual time‐frames and appointment dates may change and may vary from the original estimate.

PREPARATION FEE; TAX PAYMENT AND REFUND AUTHORIZATION

Owner charges a tax document preparation fee for its Services (the “Preparation Fee”). The Preparation Fee is the final fee offered to you for our performance of the Services. The Preparation Fee may be different than the quoted fee if your actual circumstances and the required contents of your tax return differ from the inputted answers you submitted to obtain the quote. However, if you accurately fill out the quote fee, then the Preparation Fee should be close to or equal to the quoted fee.

You agree to pay the Preparation Fee for the performance of the Services based upon the particulars of your tax return and your acceptance of the Preparation Fee will be obtained through your acceptance of an engagement letter which, in combination with the Terms of Use, set forth the obligations of the parties. No Services will be performed without your prior acceptance of an engagement letter. You will provide a payment source and other required information for us or our third‐party processor to process your Preparation Fee (the “Payment Information”). You represent and warrant that the Payment Information you provide is truthful and accurate. All payment for services will be handled through a third‐party payment processor and will charge the credit or debit card you provide.

You may opt to pay any taxes due or receive your refund through an electronic funds transfer directly to or from your designated bank account (“Financial Information”). You will provide us with Financial Information via the Application or directly to the tax preparer. You represent and warrant that the Financial Information you provide is truthful and accurate. You authorize Owner, its third‐party payment processor, or the applicable state or federal taxing authority to use direct deposit and/or direct withdraw for the purpose of making a payment to pay outstanding taxes due or receiving a tax refund through your use of the Services.

INTELLECTUAL PROPERTY RIGHTS

The Application is the property of Owner, or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not use the Application in any manner or for any purpose that would constitute infringement of Owner’s, our licensors’, or our users’ intellectual property rights.

OWNERSHIP OF CONTENT POSTED OR SUBMITTED THROUGH THE APPLICATION

Between you and Owner, you are the owner of any and all images, or content that you disclose, post, or otherwise communicate or submit to us through the Application or other electronic means (the “Your Content”). By posting, uploading, inputting, providing or submitting Your Content you represent and warrant that you own or otherwise control all of the rights to Your Content as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit Your Content and grant the license below.

We do not claim ownership of Your Content. However, by posting, uploading, inputting, providing or submitting Your Content on the Application, you are granting Owner, its affiliated companies and sublicensees a limited and royalty‐free license to use Your Content as necessary to perform the Services, without limitation, the rights to copy, transmit, create derivative works, publicly display, and reformat Your Content.

The Application may allow you to submit feedback or comments to Owner. By posting, uploading, inputting, providing or otherwise submitting feedback or comments to Owner, you represent and warrant that your submission is truthful and that you own or otherwise control all of the rights to your submission. You hereby grant Owner an unlimited, world‐wide, and royalty free license to use any content or ideas included in your feedback or comments submitted to Owner for any reason or purpose, including, but not limited to, any Owner internal or external business purpose.

PROHIBITED ACTIVITIES

The following activities are expressly prohibited from the Application:

a. Creating a username in violation of anyone’s trade secret, copyright, or other intellectual property right.

b. Creating a username that contains offensive content. Offensive content may include, but is not limited to, obscene language, obscene references, threatening or harassing messages, or defamatory statements.

c. Using or submitting any offensive content including, but is not limited to, obscene language, obscene references, obscene images, threatening or harassing messages, or defamatory statements.

d. Engaging in activity that compromises the Application. Such activity may include, but is not limited to hacking, IP attacks, worms, viruses, spamming, phishing, cancel bots, Trojan horses, data mining, and mail bombing or crashing.

e. Engaging in any activity designed to impede the use of the Application by other users, including overloading and flooding.

f. Accessing the Application by means of automated process, spiders, bots or similar device.

USER SUSPENSION AND/OR TERMINATION

Owner may cancel or terminate your right to access or use any part of the Application at any time without notice in its sole discretion. You agree that breach of any of the terms in the Terms of Use may result in the immediate termination of your account and/or give rise to civil action against you. In addition, if we have reasonable belief that any of the information you are providing is untrue, inaccurate, or not correct for any reason, we reserve the right to suspend or terminate your access to the Application and/or use of the Services. The disclaimers herein and all restrictions on you regarding information obtained from the Application shall survive any cancellation or termination of your right to use the Application.

LINKS TO THIRD PARTY SITES

Any links to other websites not owned or operated by Owner are provided solely as a convenience for you. Owner’s listing of any third party does not create a partnership or affiliation with the third party. Owner’s listing of any third parties does not constitute sponsorship or endorsement of these professionals or service providers. You shall make a competent consumer decision before purchasing goods or obtaining the services of any listed third party or service provider. You bear all risk associated with the employing of any third party and obtaining their goods or services.

NO FIDUCIARY RELATIONSHIP

To the extent allowed by law, Owner shall have no fiduciary obligations to you through your use of the Application or obtaining the Services.

NO UNLAWFUL OR PROHIBITED USE

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

WARRANTY DISCLAIMER

THE INFORMATION AND SERVICES OFFERED ON OR THROUGH THE APPLICATION ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THIS INCLUDES ANY LISTING OF ANY THIRD‐PARTY GOODS OR SERVICE PROVIDER INCLUDED IN THE APPLICATION. ANY THIRD‐PARTY GOODS OR SERVICE PROVIDER IS SUPPLIED AS A CONVENIENCE TO THE USER, AND LISTING DOES NOT CONSTITUTE SPONSORSHIP, AFFILIATION, PARTNERSHIP, OR ENDORSEMENT. OWNER DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES TO THE FULLEST EXTENT OF THE LAW INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON‐INFRINGEMENT OF PROPRIETARY RIGHTS, OR THAT THE APPLICATION IS FREE FROM VIRUSES OR OTHER BUGS.

OWNER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE SERVICES, THE USE OR THE RESULTS OF THE USE OF THE APPLICATION, AND CONTENT OR IMAGES SUBMITTED OR POSTED ON THE APPLICATION IN TERMS OF ITS OWNERSHIP, VALIDITY, CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY INTERPRETATIONS OF THE TAX CODE, DEFINED TERMS, OR OTHER TAX TERMINOLOGY USED ON THE APPLICATION; SECURITY OF YOUR INFORMATION; OR ANY TRANSMISSION OF YOUR INFORMATION.

BY PROVIDING THE SERVICES ON THE APPLICATION, OWNER DOES NOT IN ANY WAY PROMISE THAT THE SERVICES WILL REMAIN AVAILABLE TO YOU. OWNER IS ENTITLED TO TERMINATE ALL OR PART OF ANY OF THE APPLICATION AT ANY TIME, IN ITS SOLE DISCRETION WITHOUT NOTICE TO YOU.

LIMITATION OF LIABILITY

IN NO EVENT SHALL OWNER AND/OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE APPLICATION, WITH THE DELAY OR INABILITY TO USE THE APPLICATION OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, PRODUCTS, SERVICES, IMAGES AND CONTENT OBTAINED THROUGH THE APPLICATION, OR OTHERWISE ARISING OUT OF THE USE OF THE APPLICATION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF OWNER OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

OWNER’S AGGREGATE LIABILITY TO ANY USER OF THE APPLICATION SHALL BE LIMITED TO THE GREATER OF THE FEES PAID BY SUCH USER TO OWNER FOR ANY SERVICES PROVIDED DURING THE TWELVE (12) MONTHS PRIOR TO THE DATE SUCH CLAIM ALLEGEDLY AROSE OR ONE‐HUNDRED DOLLARS ($100).

USER INDEMNIFICATION

You agree to indemnify Owner and its affiliates, employees, agents, representatives and third party service providers and defend and hold each of them harmless, from any and all claims, demands, actions, liability, fines, penalties and expenses, whether based on warranty, contract, negligence, strict liability or otherwise, that may arise from any of your acts through your use of the Application. Such acts may include but are not limited to: unauthorized or illegal use of copyrighted material, or breach of the Terms of Use.

CALCULATION ERROR

If you believe that any calculation errors are made, you must notify Owner at help@52.91.23.235 or the contact information below at the earliest of the following dates: (1) the date the error is discovered, or (2) thirty (30) days after penalty or interest is assessed by appropriate tax authority.

 

GENERAL

To the maximum extent permitted by law, the Terms of Use are governed by the laws of the State of Missouri and you hereby consent to the exclusive jurisdiction and venue of courts in in Kansas City, MO in all disputes arising out of or relating to the use of the Application.

YOU HEREBY WAIVE YOUR RIGHT TO BE A PARTICIPANT IN A CLASS‐ACTION SUIT RELATED TO OWNER OR THE SERVICES.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Owner as a result of the Terms of Use or your use of the Application.

Owner’s performance of the Terms of Use is subject to existing laws and legal process, and nothing contained in the Terms of Use eliminates or restricts Owner’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Application or information provided to or gathered by Owner with respect to such use.

If any part of the Terms of Use is determined to be invalid or unenforceable 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.

Unless otherwise specified herein, the Terms of Use constitutes the entire agreement between you and Owner with respect to the Application and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Owner with respect to the Application.

COPYRIGHT COMPLAINTS

Owner respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Owner’s copyright agent with the following information.

a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

b. Description of the copyrighted work that you claim has been infringed;

c. The location of the material that you claim is infringing is located on the Application;

d. Your address, telephone number and e‐mail address;

e. A statement that your claim of infringement is based on a good faith belief; and

f. A statement made under penalty of perjury, that the information you have provided is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Owner’s copyright agent for notice of claims of copyright infringement on the Application can be reached as follows: help@52.91.23.235

CONTACT US

For inquiries into the Terms of Use or the Privacy Policy, or to remove or change your contact information in our database, or to not receive future mailings or other communications, as well as for all other inquiries, please contact us at any time using one of the options below:

1. Email webmaster at: help@52.91.23.235

2. Contact us at:

Byron E. Pendleton, III

Pendleton Accounting, LLC

3647 Harrison Blvd

Kansas City, MO 64109

Phone: 816.536-7005