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.
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.
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.
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 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 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.
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
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.
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).
If you believe that any calculation errors are made, you must notify Owner at email@example.com 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.
YOU HEREBY WAIVE YOUR RIGHT TO BE A PARTICIPANT IN A CLASS‐ACTION SUIT RELATED TO OWNER OR THE SERVICES.
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: firstname.lastname@example.org
1. Email webmaster at: email@example.com
2. Contact us at:
Byron E. Pendleton, III
Pendleton Accounting, LLC
3647 Harrison Blvd
Kansas City, MO 64109