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Terms of Use
Terms and Conditions of Billing
Privacy Policy
Contacting Marshall & Swift/Boeckh
Disclaimer of Liability
Indemnification and Risk of User
Limitations on Use
Not a Certified Public Accounting Firm
Governing Law
All Rights Reserved
Copyright and Trademarks
Entire Agreement and Separability
Privacy Policy
What Personal Information Do We Gather/Track?
Information Sharing
Security of Your Information
Links
Updating your Personal Information
Changes to this Policy.
Storing of Partial Credit Card Numbers
Terms of Use
Any person or persons (hereinafter 'User' or 'Users') subscribing to TaxSeg Express or The Tax Depreciation Program™ (the "Services") agrees to and acknowledges acceptance of the terms and conditions herein contained. These Terms of Use constitute a binding legal contract and govern your use of the Services. By clicking 'I Agree' and by using the Services, you agree to be legally bound by these Terms of Use. If you do not accept the following terms and conditions, you will not be allowed to use the Services.
Terms and Conditions of Billing
a) You agree to pay Marshall & Swift/Boeckh for the Services at the then-current price posted on the web site, www.taxsegexpress.com (the "Web site"). By submitting this online order form, User agrees Marshall & Swift/Boeckh may debit the designated bank account or charge the designated credit card for the amount specified prior to providing services to User, subject to the stated terms and conditions.
b) Services are provided on a per use basis. Charges for Services include applicable taxes depending on jurisdiction. All TaxSeg Express Services are offered on a pre-paid basis. Marshall & Swift/Boeckh retains fees for any unused services.
c) The following software or programs are required to properly access the Services:
i. Access to the internet and Internet Explorer 5.5 or greater. Note: TaxSeg Express does not support any browser other than Internet Explorer
ii. Adobe Acrobat Reader 6.0, which may be obtained free of charge at: http://www.adobe.com/products/acrobat/readstep2.html
d) User understands and acknowledges that all data entry and editing of the final report must be completed by the end of 15 days from the payment date. At the end of 15 days, the report will be locked into final status and NO FURTHER EDITS WILL BE ALLOWED. Multiple copies of the report may be printed subsequent to the completion of 15 days, but no edits, changes, additions or deletions will be allowed.
e) Marshall & Swift/Boeckh may revise these terms at any time by posting such changes on this website; any such changes shall be binding upon you when posted.
Privacy Policy
Users are governed by Marshall & Swift/Boeckh‘s privacy policy, available here.
Contacting Marshall & Swift/Boeckh
If User has any questions about the preceding disclaimers and/or policies, the practices of this Web site, or User's dealings with this Web site, please contact:
Customer Service
TaxSeg Express
Email: support@marshallswift.com
Disclaimer of Liability
a) Marshall & Swift/Boeckh, AND ITS AFFILIATES, REPRESENTATIVES, SHAREHOLDERS, PREDECESSORS, SUCCESSORS, LICENSORS, DISTRIBUTORS, THIRD PARTY PROVIDERS, ADVERTISERS OR ASSIGNS (COLLECTIVELY, THE "PARTICIPATING PARTIES") EXPRESSLY DISCLAIM ALL LIABILITY FOR ANY IMPROPER OR INCORRECT USE OF THE INFORMATION DESCRIBED AND/OR CONTAINED HEREIN OR IN THE SERVICES AND ASSUMES NO RESPONSIBILITY FOR USE OF THE INFORMATION. THE PARTICIPATING PARTIES FURTHER EXPRESSLY DISCLAIM ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS WEB SITE OR THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
b) While all attempts have been made to verify information provided in the Services and on this Web site, Marshall & Swift/Boeckh DISCLAIMS ALL LIABILITY FOR ERRORS, OMISSIONS, INFRINGING MATERIAL, OR CONTRARY INTERPRETATION OF THE SUBJECT MATTER HEREIN AND NO WARRANTY, EXPRESS OR IMPLIED, IS MADE REGARDING TIMELINESS, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ADEQUACY, COMPLETENESS, LEGALITY, RELIABILITY OR USEFULNESS OF ANY INFORMATION CONTAINED HEREIN OR IN THE SERVICES.
c) Tax laws and regulations change frequently and their application can vary widely based upon the specific facts and circumstances involved. The Potential Tax Savings provided in the Services is meant strictly for illustrative purposes and shall not be relied upon as an indication of any specific individual result. The User is responsible for consulting with its own professional tax advisors concerning their specific tax circumstances. TaxSeg Express EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR THE ACCURACY OR ADEQUACY OF ANY POSITIONS TAKEN BY THE USER IN THEIR TAX RETURNS.
d) THIS WEBSITE, THE SERVICES AND ANY REPORT GENERATED USING EITHER OF THE FOREGOING ARE PROVIDED ON AN 'AS IS' BASIS, WITH NO WARRANTIES OF ANY KIND WHATSOEVER.
Indemnification and Risk of User
a) The User agrees to indemnity, defend, and hold harmless the Participating Parties from and against any and all liabilities, claims, demands, actions, damages, costs, and expenses (including reasonable attorneys' fees), regardless of outcome, caused by, arising out of, or otherwise sustained as the result of the use of this Web site or the Services.
b) The User expressly agrees that use of this Web site is at User's sole risk. Due to the dynamic nature of the Internet, resources that are free and publicly available one day may require a fee or restricted access to the next, and the location of items may change as menus, web pages, and files are reorganized. Marshall & Swift/Boeckh EXPRESSLY DISCLAIMS ANY WARRANTY THAT THE SERVICES OR ACCESS TO THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR FREE. Further, User acknowledges that use of the Internet presents certain risks relating to viruses or other harmful components. User (and not Marshall & Swift/Boeckh) assumes the entire cost of all necessary servicing, repair, or correction of problems with User's software or hardware caused by viruses or other harmful components.
Limitations on Use
a) Marshall & Swift/Boeckh grants User a limited, revocable, nontransferable license to use the Services for tax depreciation and subsequent property valuation purposes only. Use of the Services for any other purpose is expressly prohibited. User may not modify, copy, reverse engineer, reproduce or otherwise alter the Services, including without limitation any data or content contained therein. User may not sublicense, assign or transfer any licenses granted by Marshall & Swift/Boeckh and any attempt at such sublicense, assignment or transfer shall be null and void. Use of the information, calculations, products or services provided through the Services for resale or for any use other than User’s direct personal or internal business needs relating to chattel appraisals is prohibited and is a violation of these Terms of Use.
b) Marshall & Swift/Boeckh grants User a limited, revocable, nontransferable license to copy and distribute the final report only to the extent necessary to satisfy User’s direct personal or business needs relating to chattel appraisals.
Not a Certified Public Accounting Firm
MARSHALL & SWIFT/BOECKH IS NOT A CERTIFIED PUBLIC ACCOUNTING FIRM.
Governing Law
The parties agree that any dispute arising out of the enforcement of or interpretation of these Terms of Use will be subject to the exclusive jurisdiction of the courts in Los Angeles County, California. These Terms of Use shall be governed in all respects by the laws of the United States and the State of California, except for conflict of laws provisions. By use of the Services and any data contained therein, User agrees that use shall conform to all applicable laws and regulations and User shall not violate the rights of any third parties.
All Rights Reserved
Marshall & Swift/Boeckh reserves all rights not expressly granted herein. Marshall & Swift/Boeckh shall have the right to immediately terminate User's access to or use of the Services in the event of any activities which are in breach of these Terms of Use or conduct which interferes with the operation or use of the Services. Termination of this Agreement automatically terminates User's license and authorization to use and/or access Services and any content or other material contained therein. Marshall & Swift/Boeckh is entitled to enforce its rights hereunder by an action for damages or for specific performance, injunctive or other equitable relief. Marshall & Swift/Boeckh reserves the right to not process applications, or to revoke the access or authorizations to access this Web site, or to revoke the account of any User subscribing to any program without cause and without notice. If such person shall be removed, Marshall & Swift/Boeckh will cease any future billings immediately upon revocation and User acknowledges that all fees paid will be retained and non-refundable.
Copyright and Trademarks
a) Marshall & Swift/Boeckh reserves all rights to the content and material delivered as part of the program, including but not limited to the reports, images, written transcripts, media, logos, text graphics, software, designs, mottos, and all other items contained in this Web site that are protected by US and international trademark or copyrights laws. Except as permitted herein, it is expressly prohibited to reproduce, use, modify or in any way display or distribute this information without the express prior written permission of Marshall & Swift/Boeckh or the respective owner of the copyright or trademarks. The compilation, selection, arrangement and presentation of all Materials, the overall design of this Web site, and the computer programs that create the Web site displays are protected.
b) User agrees to protect the copyright and all other proprietary rights of Marshall & Swift/Boeckh and its licensors in the Services by using the same degree of care, but no less than a reasonable degree of care, to prevent the unauthorized use and unauthorized disclosure of the Services as User uses to protect its own confidential and/or proprietary information of like importance.
c) Reference herein to any specific commercial products, process, or service by trade name, trademark, manufacturer, or otherwise, does not necessarily constitute or imply its endorsement, recommendation, or favoring by Marshall & Swift/Boeckh. Marshall & Swift/Boeckh is not responsible for the contents or the privacy practices of any off-site pages referenced. Links from this Web site to other sites do not constitute an endorsement from Marshall & Swift/Boeckh, but are provided as an information service only. It is the responsibility of User to evaluate the content and usefulness of information obtained from other sites.
d) Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement must be sent to Jennifer Fisher, Marshall & Swift, 911 Wilshire Blvd., 8th Floor, Los Angles, California 90017, telephone (213)683-9000, email: legal@marshallswift.com
Entire Agreement and Separability
These Terms of Use constitute the entire agreement between the parties.
a) The employees of Marshall & Swift/Boeckh and its Participating Parties are not authorized to make modifications to this Agreement, or to make any additional representations, commitments, or warranties binding on Marshall & Swift/Boeckh, except in a writing signed by an authorized officer of Marshall & Swift/Boeckh.
b) If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
Privacy Policy
Marshall & Swift and Marshall & Swift/Boeckh (collectively, 'Marshall & Swift', 'we' or 'our') know that you care how information about you is used and shared, so we operate our websites and online services with the protection of your privacy in mind.
This Privacy Policy explains our privacy policies for our websites, www.marshallswift.com, www.msbinfo.com, www.mandsconnect.com and www.swiftestimator.com (collectively, the 'Sites' and each, a 'Site') and outlines the types of personal information we gather when you access these websites or use our Internet-delivered services.
By using this Site or any products or services provided through the Site, you expressly consent to the use and disclosure of your information as described in this Privacy Policy. IF YOU DO NOT AGREE WITH ANY OF THE TERMS BELOW, YOU SHOULD NOT USE THIS SITE OR THE PRODUCTS OR SERVICES OFFERED BY MARSHALL & SWIFT AT THIS SITE.
What Personal Information Do We Gather/Track?
You can travel through most of our Site without giving us any information about yourself, but sometimes we do need information to provide services or products you request. The information we learn from customers helps us personalize your online shopping experience and continually improve our websites. We do not collect information from individuals under the age of 13. If you are under the age of 13, we ask that you do not submit any personal information through our Sites. If we have specific knowledge that an individual under the age of 13 has submitted personally identifiable information to the Site, we will delete such information permanently and without notice.
Marshall & Swift collects personally identifiable information that can be divided into the following categories:
- Information You Give Us: We receive and store any information you enter while using our Sites, services or during the check out process. This information typically includes your full name, shipping and billing addresses, credit card information, telephone number, email address and email list preferences. We use the information that you provide for such purposes as responding to your requests, customizing future shopping for you, and communicating with you.
- Automatic Information: We collect limited non-personally identifying information your browser makes available whenever you visit a website. This information includes your Internet Protocol address, browser type, browser language, operating system version, referring website, the date and time of your query and one or more cookies that may uniquely identify your browser and username. We use this information to operate, develop and to improve the quality of our service and to better understand how people interact with us. Most browsers are initially set up to accept cookies. You can reset your browser to refuse all cookies or to indicate when a cookie is being sent. A number of companies offer utilities designed to help you visit Web sites anonymously. Although we will not be able to provide you with a personalized experience at our Sites if we cannot recognize you, we want you to be aware that these tools exist. Some Marshall & Swift features or services may not function properly without cookies.
- E-mail Communications: To confirm your online order, Marshall & Swift requires that you enter your email address so that we can send you an email confirmation. We store your email in our database and will occasionally send you special communications about current promotions, product developments and/or exclusive invitations. If you do not want to receive email from us, you can unsubscribe from our electronic mailing list here.
Information Sharing
We do not rent or sell your personally identifiable information to other companies or individuals. Marshall & Swift will only disclose your personally identifiable information to third parties if acting under a good faith belief that such action is necessary (1) to conform to legal requirements; (2) to protect and defend the rights or property of Marshall & Swift; (3) to enforce our Terms of Use or any license agreement between you and Marshall & Swift; or (4) in the event of a merger, acquisition or sale of all or substantially all Marshall & Swift’s assets relating to the business in connection with which the information was collected. We may share aggregated information that has been scrubbed so that it does not identify a specific person.
We may share your information internally among all of our services in order to provide you with a seamless experience and to improve the quality of our services. We will not disclose your account information to other people or non-affiliated companies, except in the limited circumstances described above. We may store and process personal information collected on our site in the United States or any other country in which Marshall & Swift or its agents maintain facilities. By using our services, you consent to the transfer of your information among these facilities, including those located outside your country.
Security of Your Information
We take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data. We restrict access to your personally identifying information to employees who need to know that information in order to operate, develop or improve our products and services. We maintain all personally identifiable information on a secure server behind a firewall and IDS system. We also use encryption technology when appropriate.
Links
Our Sites contain links to other websites. Please note that when you click on one of these links, you are “clicking” to another website. We encourage you to read the privacy policies of these linked sites, as their privacy policies may differ from ours. This Privacy Policy applies solely to information collected by Marshall & Swift on our Sites.
Updating your Personal Information
You may update your personal information at any time through the Site or by calling customer service at (800) 544-2678. We may request evidence of your identity before updating any information.
Changes to this Policy.
We may periodically update this Privacy Policy. If so, we will post the updated Privacy Policy on this Site. Marshall & Swift encourages you to review this Privacy Policy from time to time for any changes.
The effective date of this Privacy Policy is August 31.
Storing of Partial Credit Card Numbers
In the interest of fraud prevention, TaxSeg Express does not permanently store your entire credit card number(s). While we require the full credit card number when making a purchase, we do not store the entire number in our database. We do record the credit card type, the last four numbers of the credit card number, and the expiration date. This information is recorded for audit or customer service purposes only.
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