Tax Credit Group, Inc. (“TCM”), provides the information and services on its World Wide Web site(s) (the “Site”) under the following terms and conditions. By accessing and/or using the Site, you indicate your acceptance of these terms and conditions. You expressly acknowledge that TCM. has entered into this agreement, and has and will make a TCM. Site, Content and Services available to you in reliance upon the limitations and exclusions of liability and the disclaimers set forth herein, and that the same form an essential basis of the bargain between you and TCM.. You expressly agree that the limitations and exclusions of liability and the disclaimers set forth herein will survive, and continue to apply in the case of, a fundamental breach or breaches, the failure of essential purpose of contract, the failure of any exclusive remedy or termination of this agreement.
LAWS AND REGULATIONS
Access to and use of this Site are subject to all applicable international, federal, state and local laws and regulations. User agrees not to use the Site in any way that violates such laws or regulations.
COPYRIGHT AND TRADEMARKS
The information available on or through this Site is the property of TCM, and is protected by copyright, trademark, and other intellectual property laws. Users may not modify, copy, distribute, transmit, display, publish, sell, license, create derivative works or otherwise use any information available on or through this Site for commercial or public purposes. Users may not use the trademarks, logos for any purpose including, but not limited to use as “portal links” in other pages or sites on the World Wide Web without the written permission of TCM.
Eligibility to use the Client Portal is not automatic, and all decisions regarding your eligibility to utilize the Client Portal section of the Website are made solely and exclusively in the discretion of TCM. You agree not to contest any eligibility determination made by TCM As guidance, you must be a current client of TCM and have entered into a agreement with TCM to be eligible to use the Client Portal.
USE OF THE CLIENT PORTAL
The client portal is provided as a convenient way for authorized users to access documents,submit tax credit forms related to services being provided to you by TCM. Upon your request, TCM may upload your documents in TCM possession to your account. You may also send documents to your Client Portal account through Secure File Upload section of the client portal but you may only upload documents related to services being provided to you by TCM. Client Portal accounts are allotted limited space for the storage of materials, and TCM under no obligation to provide you with additional space if you exhaust your storage space.If you direct or have previously directed TCM, via e-mail, phone or other method, to upload material to your account, or if you upload or have previously uploaded material to your account, you hereby consent to the transmission, storage and processing of such material by TCM and by TCM third-party information technology service provider. TCM is under no obligation to maintain the Client Portal or any material that you submit, post or make available to the Client Portal. TCM reserves the right to withhold, remove and/or discard any such material in the Client Portal, with or without notice at any time.
AVAILABILITY OF THE CLIENT PORTAL
The Client Portal is offered to some clients of TCM as a specialized service. TCM may cease offering such service at any time and may impose restrictions on the Client Portal. You agree that TCM is not liable to you as a result of TCM cessation or modification to the offering of such service. TCM provides the Client Portal in association with third-party information technology service providers, and TCM cannot and does not guarantee, represent or warrant that access to the Client Portal will be uninterrupted or error-free, and TCM does not guarantee that users will be able to access or use all or any of the Client Portal features at all times.
DATA USAGE AND RETENTION
User agrees not to modify, move, add to, delete or otherwise tamper with the information contained in TCM’s Web site. TCM retains submitted employee and employer data which includes electronically signed IRS Form 8850 and ETA form 9061.
Information and documents provided on this Site are provided “as is” without warranty of any kind, either express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, and non-infringement. TCM uses reasonable efforts to include accurate and up-to-date information on this Site; it does not, however, make any warranties or representations as to its accuracy or completeness. TCM periodically adds, changes, improves, or updates the information and documents on this Site without notice. TCM assumes no liability or responsibility for any errors or omissions in the content of this Site. You assume all responsibility for and risk arising from your use of and reliance upon the contents of the Site.
You agree to defend, indemnify and hold harmless each of TCM its respective officers, directors, employees and agents from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, resulting from or related to: (a) your breach of any of these Terms and Conditions; (b) your access to or use of a TCM Site, Services or Content; or (c) your use or reliance on, or publication, communication or distribution of anything on or from a TCM Site or through any of the Services. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
LIMITATION OF LIABILITY
You expressly understand and agree that in no event shall TCM be liable for any damages whatsoever, including any direct, indirect, incidental, consequential, special or exemplary damages, and any damages for loss of profits, savings, goodwill or other intangible losses, regardless of whether TCM had been advised of or could have foreseen the possibility of such damages, arising out of or in connection with: (a) the use, inability to use or performance of any of the services of a TCM site, or (b) any unauthorized access to or modification to any of your content or transmissions, (c) incorrect or improperly submitted data, forms, transmissions and electronic signatures of IRS Form 8850 and ETA Form 9061 or (d) any other matter relating to a TCM site or any of the services
THIRD PARTY INFORMATION
Although TCM monitors the information on the Site, some of the information is supplied by independent third parties. While TCM makes every effort to insure the accuracy of all information on the Site, TCM makes no warranty as to the accuracy of any such information.
LINKS TO THIRD PARTY SITES
This Site may contain links that will let you access other Web sites that are not under the control of TCM. The links are only provided as a convenience and TCM does not endorse any of these sites. TCM assumes no responsibility or liability for any material that may accessed on other Web sites reached through this Site, nor does TCM make any representation regarding the quality of any product or service contained at any such site.
LINKS FROM THIRD PARTY SITES
TCM prohibits unauthorized links to the Site and the framing of any information contained on the site or any portion of the Site.
TCM offers a secure portal for users to send and transmit data to TCM. Data transmitted to and from TCM Sites is encrypted for the user’s protection. However, the security of information transmitted through the Internet can never be guaranteed. TCM is not responsible for any interception or interruption of any communications through the Internet or for changes to or losses of data. User is responsible for maintaining the security of any password, user ID, or other form of authentication involved in obtaining access to password protected or secure areas of TCM sites. In order to protect you and your data, TCM may suspend your use of site, without notice, pending an investigation, if any breach of security is suspected.
ACCOUNT ACCESS TO PASSWORD PROTECTED/SECURE AREAS
In order to access and use the Site, you must provide your current User ID and Password. You agree to take any and all actions necessary to maintain the privacy of your User ID and Password, including, without limitation, safeguarding your User ID and Password in a private and secure place, adopting special precautions when accessing the Site from a computer that is available for use by other users and exiting from the Site at the end of each session. You agree not to provide your password or username with any outside agency or third party . In the event that you have reason to believe that a third party has access to your account, you agree to immediately change your Password and notify TCM and your security administrator.
SUBMISSION OF TRANSMITTED DATA
You represent, warrant and covenant that: (a) you are authorized to access and use the Site; (b) all instructions and information you enter into the Site related to the Services will be accurate and complete per Internal Revenue Service and Department of Labor guidelines under the Work Opportunity Tax Credit Program (WOTC); (c) you agree to verify and remain solely responsible for all information entered into the Site related to the Services; (d) you agree not to upload, transmit, distribute or otherwise publish through the Site any materials that contain a virus, worm or other harmful component or that would cause the Site to malfunction; (e) you agree to not decompile, reverse engineer, disassemble or unlawfully use or reproduce any of the Software or other copyrighted or trademarked material, trade secrets or other proprietary information contained in the Site; .(f) you agree not to share, forward, decimate, any account information, data, forms, images, to third parties or any outside agencies without written consent of TCM and agree to inform TCM immediately upon notice or discovery of such incident and parties involved.
CONSENT TO USE OF DATA
You agree that TCM may collect and use technical data and related information, including but not limited to technical information about your Device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Software. TCM may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
These terms and conditions shall be governed and construed in accordance with the laws of the State of Iowa, USA, and applicable federal laws without regard to conflicts of law principles. User agrees that any and all proceedings relating to this site and the subject matter contained herein shall be maintained in the courts of the state of Iowa or the federal district courts sitting in Iowa, which courts shall have exclusive jurisdiction for such purpose.
The Site and/or access to the Software and Services may be discontinued, temporarily or permanently, by TCM at any time without notice to users. TCM shall not be liable to any employee or plan participant of Employer or to any third party for any suspension or discontinuance of the Site, the Software or the Services. Your rights to access the Site and the Software shall terminate if you cease to be an employee or plan participant of the Employer, except as contemplated under Section 1 of these Terms. Upon termination of your access to the Site or Software, you shall cease use of the Site or Software.
CHANGES TO SERVICE AND TERMS
TCM is not responsible for any technical inaccuracies or typographical errors that may be contained in these Terms. TCM reserves the right to changes these Terms in its sole discretion at any time. Any such changes to the Terms will become effective immediately upon being posted on the Site. You will be able to view the changed Terms by clicking or tapping on the link for Terms and Conditions after you login and your continued use of the Site shall constitute acceptance of such changed terms. The Site and/or the Software and any Services may be modified, temporarily or permanently, by TCM at any time without notice to you. You agree that TCM shall not be liable to you or to any third party for any modification of the Site and/or the Software or the Services.
CLAIMS OF COPYRIGHT INFRINGEMENT
Notices of claimed copyright infringement on the Site should be directed to: Tax Credit Group, Inc. 1540 Brian Drive, Dubuque, IA 52003 Attn: Troy Loney