THESE TERMS AND CONDITIONS CONTAIN LEGAL OBLIGATIONS. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING National Tax Credit, and NTC branded web sites.
Welcome to the Internet site of National Tax Credit (hereafter referred to as “NTC”). These Terms and Conditions apply to all NTC Internet sites which reference these Terms and Conditions. Those individuals or legal entities given access to the use of this NTC Site shall be referred to within these Terms and Conditions as “the User”. By using a NTC Site, or any of the products or services (collectively the "Services") available on a NTC Site, the User agree, without limitation or qualification, to be bound by these terms and conditions and such other additional or alternative terms, conditions, rules and policies which are displayed or to which the User may be directed in connection with any particular NTC Site or Service, all as may be modified by NTC from time to time in its sole discretion (collectively the "Terms and Conditions"). If the User do not agree with these Terms and Conditions, the User may not use a NTC Site or any of the Services on a NTC Site.
Please note that we reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms and Conditions at any time. Please check periodically for changes. The User continued use of a NTC Site following the posting of any changes to these Terms and Conditions will mean the User accept those changes.
Registration, Accounts and Passwords
Certain of the services, descriptions, forms, narratives and related features (collectively “the Services”) made available on a NTC Site may require registration or subscription. Should the User choose to register or subscribe for any such Services or related features, the User agrees to provide accurate and current information about the User as required by the relevant registration or subscription process, and to promptly update such information as necessary to ensure that it is kept accurate and complete. The User agree to be responsible for: (a) maintaining the confidentiality of any passwords or other account identifiers which the User choose or are assigned as a result of any registration or subscription on a NTC Site, and (b) all activities that occur under such password or account. Further, the User agrees to notify NTC of any unauthorized use of the User password or account. NTC shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, the User failure to comply with this Section.
Confidentiality of Information/Duty of Nondisclosure
The User agrees that they may in the ordinary course of dealings, and as a result of the license to use this NTC Site, become privy to certain information regarding client lists, operating procedures, proprietary methods, trade secrets or other such key information (collectively “sensitive information”) related to NTC’s business. Therefore the User covenants to reasonably safeguard and restrict any distribution of such information to which the User has been so licensed and to treat it as secure and non-transferable by any means to any unlicensed third party. The User agrees to this duty of nondisclosure, the violation of which may result in the termination of further access to and use of this NTC Site.
Restrictions on Use of Materials
All material, information and content (collectively "Content") available on a NTC Site, including the manner in which such content is presented, and the services are: Copyright © NTC, National Tax Credit, or its affiliates, agents, partners, and/or licensors. All rights reserved. Such Content is protected by US and worldwide copyright laws and treaty provisions. NTC grants the User a limited non-exclusive, non-transferable license to use and display on the User computer or other electronic access device, the Content and Services for the User own personal and non-commercial use only, provided that the User do not modify the Content and that the User maintain all copyright and other proprietary notices. Except as provided herein, the User agree not to reproduce, make derivative works of, retransmit, distribute, sell, publish, communicate, broadcast or otherwise make available any of the Content obtained through a NTC Site or any of the Services, including without limitation, by caching, framing or similar means, without the prior written consent of the respective copyright owner of such Content.
The User expressly understand and agree that: (A) A NTC site and any of the services are provided on an "as is" and "as available" basis and that NTC makes no warranties, representations, or conditions (as used in this section "WARRANTIES") of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose and non-infringement and that any such warranties are hereby expressly disclaimed, AND (B) NTC specifically makes no warranties that a NTC site or any of the services, including any content, information, products or services obtained from or through the use of a NTC site or any of the services, will be provided on an uninterrupted, timely, secure or error-free basis or that such services or the results derived there from will meet the User requirements or expectations.
NTC reserves the right, in its sole discretion, to add to, remove, modify or otherwise change any part of these Terms and Conditions, in whole or in part, at any time. Except as otherwise expressly contemplated herein, changes will be effective when notice of such change is posted on a NTC Site. If any change is not acceptable to the User, the User must discontinue the User use of a NTC Site and any of the Services immediately. The User continued use of a NTC Site or any of the Services after any such changes are posted will constitute acceptance of those changes. Further, NTC reserves the right to change, modify, suspend or discontinue any aspect of a NTC Site, Services or Content from time to time without notice or liability and for any reason whatsoever.
Downloads and Shareware
Certain NTC Sites allow the User to download software applications or other forms of Content, including files, images and/or data incorporated therein (collectively, the "Software"). The Software is made available to the User by NTC or third parties subject to the terms and conditions made available to the User during the software installation process. Additionally, the User agree that the Software is licensed to the User by NTC or third parties for its intended commercial uses and designs only provided that the User do not modify the Software and that the User maintain all copyright and other proprietary notices and that NTC or the designated third parties retain full and complete title to the Software and all intellectual property rights therein. The User may not redistribute, sell, de-compile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form. The User agree that it is the User responsibility to review and evaluate the Software and the related terms and conditions, and that all risk associated with the use of, or reliance on, the Software rests with the User. The User further agree that NTC, including its suppliers, shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with the User use of, or reliance on, the Software, including the failure of the Software to meet the User needs, standards, expectations or specifications.
Content Linked to a NTC Site
The User agrees that it is the User’s individual responsibility to exercise discretion while browsing the Internet. Please note that certain links on a NTC Site may take the User to other websites. NTC provides these links only as a convenience and not as an endorsement by NTC These linked sites are not necessarily under the control of NTC If the User decide to visit any linked site, the User do so at the User own risk and it is the User responsibility to take all protective measures to guard against viruses and other destructive elements. NTC is not responsible for the content of any such linked sites or any other web page which is not part of a NTC Site and under NTC’s control. Unless otherwise expressly provided, NTC makes no representation or warranty regarding, and does not endorse, any linked site or the information, products or services appearing thereon. Accordingly, the User agree that NTC will not be responsible or liable in any way for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in any site linked from a NTC Site.
Dealings with Third Parties
The User acknowledge and agree that the User correspondence or business dealings with any third parties, including any merchants or advertisers, found on, or through, a NTC Site or any of the Services, including payment for and delivery of related goods and services, and all other terms, conditions, representations and warranties related to such dealings, are solely as between the User and such third parties. NTC assumes no responsibility whatsoever for any charges the User or any user of the User account incurs when making purchases or other transactions in this manner. Further, the responsibility for ensuring compliance with all applicable laws in connection with any such transactions shall be the Users alone. The User agree that NTC shall not be responsible or liable in any way for any loss or damage of any kind incurred as a result of, or in connection with, any such dealings or transactions.
The User agree to defend, indemnify and hold harmless each of NTC sites, its affiliates and licensors and each of their respective officers, directors, employees and agents, including all third parties mentioned on a NTC Site, from and against any and all claims, actions or demands, including without limitation all legal and accounting fees, resulting from or related to: (a) the User breach of any of these Terms and Conditions; (b) the User access to or use of a NTC Site, Services or Content; or (c) the User use or reliance on, or publication, communication or distribution of anything on or from a NTC Site or through any of the Services. The User shall use the Users best efforts to cooperate with NTC in the defense of any claim. NTC reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User.
Limitation of Liability
The User expressly understand and agree that in no event shall NTC including its affiliates, agents and licensors, 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 NTC 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 NTC or (b) any unauthorized access to or modification to any of the User content or transmissions, or (c) any other matter relating to a NTC site or any of the services.
The User expressly acknowledge that NTC has entered into this agreement, and has and will make a NTC Site, Content and Services available to the User 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 the User and NTC The User 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.
Governing Law/Jurisdictional Issues
All NTC Sites and Services are controlled, operated and administered by NTC from its offices within the United States. NTC makes no representation or warranty that a NTC Site or any of the Services are appropriate or available for use at any locations outside the United States. If the User access a NTC Site from outside the United States, the User are responsible for compliance with all applicable laws. The User may not export any of the Content accessible through a NTC Site in violation of applicable export laws and regulations. These Terms and Conditions shall be interpreted, construed and governed by the laws in force in the United States, without reference to its conflict of laws principles. Subject to the Arbitration and Actions paragraph below, each party hereby agrees to submit to the jurisdiction of the courts of the United States and to waive any objections based upon venue.
Arbitration and Actions
Any controversy, claim or dispute arising out of or relating to these Terms and Conditions, the User use of any NTC Site or Service or the relationship which results from these Terms and Conditions, including without limitation, the performance, breach, enforcement, existence or validity of the matters provided for in these Terms and Conditions which cannot be amicably resolved, even if only one of the parties declares that there is a difference (collectively, a "Claim"), will be referred to and finally settled (to the exclusion of the courts) by private and confidential binding arbitration under the rules and guidelines of the American Arbitration Association (“AAA”) before a single arbitrator held in the State of Alabama, The United States of America. The arbitrator shall be a person who is registered and/or licensed with the AAA, legally trained and who has experience in the information technology field in the United States and is independent of either party. Any such Claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim, controversy or dispute of any other party. The User agree to waive any right the User may have to commence or participate in any class action against us related to any Claim and, where applicable, the User also agree to opt out of any class proceedings against us. Notwithstanding the foregoing, we reserve the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
The User acknowledge and agree that NTC in its sole and absolute discretion, may, without notice to the User, suspend or terminate the User account or the User use of, or access to, a NTC Site or any of the Services, and remove and discard any information or content related to a NTC Site or any of the Services (and the User use thereof), for any reason, including where NTC believes that the User have violated any of these Terms and Conditions. The User further agrees that NTC shall not be liable to the User or to any other person as a result of any such suspension or termination. If the User is dissatisfied with a NTC Site or any of the Services or with any terms, conditions, rules, policies, guidelines, or practices of NTC in operating a NTC Site or any of the Services, the User sole and exclusive remedy is to discontinue using a NTC Site or any of the Services.
National Tax Credit Agent Network
NTC Exclusive Agent Program is not a franchise offering. NTC Exclusive Agents are not franchisees, but rather are independent owners operating their own locations.