SCMB, LLC d/b/a E-file Magic Terms of Use

Last Modified: 2019-12-20

This website is provided by SCMB, LLC d/b/a E-File Magic and its affiliates (collectively, “E-File Magic”). By accessing the E-File Magic website (the “Site”), you are indicating your acknowledgement and acceptance of these Terms of Use. These Terms of Use are subject to change by E-File Magic at any time in its discretion. Your use of this Site after such changes are implemented constitutes your acknowledgement and acceptance of the changes. Please consult these Terms of Use regularly.

Restrictions on Use

All material included on this Site, and any other Site owned, operated, licensed or controlled by E-File Magic, such as text, graphics, logos, images, photographs, audio clips, digital downloads, data compilations and software (the “Content”), is the property of E-File Magic, its subsidiaries, affiliated companies and/or third-party licensors and is protected by United States and international copyright laws. Modification or use of the Content except as expressly provided in these Terms of Use violates E-File Magic’s intellectual property rights.

The Content may not be copied, distributed, republished, uploaded, posted or transmitted in any way without the prior written consent of E-File Magic, except that:

  1. You may download, print, distribute and use pages from the Site for your own informational, non-commercial purposes, but not for commercial use or general distribution.
  2. Any copies of documents or pages from the Site must not alter the original Site content and must include the E-File Magic copyright notice: © 2006 - 2020 SCMB, LLC d/b/a E-File Magic. All Rights Reserved.
  3. You may link to this Site provided that the link does not falsely imply or suggest that E-File Magic has endorsed or is affiliated with the linked Site.

Users of the Site must not:

  1. Monitor, gather or copy any Content on this Site by using any robot, “bot,” spider, crawler, spyware, engine, device, software, extraction tool or any other automatic device, utility or manual process of any kind.
  2. Frame or utilize framing techniques to enclose any trademark or other proprietary information (including, without limitation, any images, text or page layout).
  3. Engage in any activities through or in connection with this Site that seek to attempt to harm minors or are unlawful, offensive, obscene, threatening, harassing, abusive or that violate any right of any third party.
  4. Attempt to circumvent the security systems of the Site.
  5. Attempt to gain unauthorized access to services, materials, other accounts, computer systems or networks connected to any E-File Magic server.
  6. Attempt to use the Site for any purposes other than those intended by E-File Magic, as determined by E-File Magic in its sole discretion.
  7. Upload or submit any data or information that contains viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment.
  8. Engage in any activity that interferes with a user’s access to this Site or the proper operation of this Site. You also agree that, in using this Site, you will not impersonate any person or entity.

The Content and the functionality of the Site may be updated or changed at any time without prior notice. In addition, if E-File Magic becomes aware that you are copying, modifying or distributing the Content of the Site other than for the permitted uses of the Site, E-File Magic reserves the right to revoke your right to these permitted uses.

Proprietary Information Consent

If you wish to make any use of any Content other than as explicitly permitted by these Terms of Use, you must first receive written permission from E-File Magic. To request permission, send a request with your proposed use to support@efilemagic.com. If E-File Magic approves your request, your use is limited to the sole purposes specified in your request. In no event may you:

  1. Modify any content;
  2. Quote Content out of context; or
  3. Delete or alter any copyright, trademark, or other proprietary rights notices from any Content

E-File Magic shall have the right to monitor use of this Site to determine compliance with these Terms of Use, revoke its consent at any time and you shall immediately cease any further use of the E-File Magic Site Content. The foregoing consent does not include permission to copy the design elements, look and feel or layout of E-File Magic's Site. Subject to the further terms set forth above, you assume all risks concerning the suitability and accuracy of the information within E-File Magic's Site which you propose to use, subject to E-File Magic's consent.

Disclaimer

E-File Magic cannot guarantee that the Site or its content is error free and E-File Magic makes no representations about the technical accuracy or functionality of the Site or that the Content is accurate, error free or up to date.

THIS SITE IS PROVIDED BY E-File Magic ON AN “AS IS” AND “AS AVAILABLE” BASIS. E-File Magic MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS OR INTELLECTUAL PROPERTY. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. E-File Magic DOES NOT WARRANT THAT THE INFORMATION IN THIS SITE IS ACCURATE, RELIABLE, UP TO DATE OR CORRECT, THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND E-File Magic MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT E-File Magic, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. E-File Magic MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL E-FILE MAGIC, ITS AFFILIATES AND SUPPLIERS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, OR ANY CONTENT, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS, OR INVESTMENT. THE ABOVE LIMITATIONS APPLY EVEN IF E-FILE MAGIC AND ITS AFFILIATES AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE TERMS OF USE AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF EFILE MAGIC AND ITS AFFILIATES AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO USE OF THE SITE.

Intellectual Property

You should assume that everything you see or read on the Site is proprietary information protected by copyright or trademark unless otherwise noted, and may not be used except as provided in these Terms of Use or with the written permission of E-File Magic. Nothing posted on this Site grants a license to any E-File Magic trademarks, copyrights or other intellectual property rights, whether by implication, estoppel or otherwise.

Third Party Trademarks

Trademarks displayed on this Site not owned by E-File Magic are the property of their respective owners, who may or may not be affiliated with E-File Magic. Nothing contained on this Site should be construed as granting any license or right to use any
third party trademarks without the written permission of such third party that may own the trademarks. Your use of the trademarks, or any other Content on the Site, except as provided in these Terms of Use, is strictly prohibited. We ask that you respect these rights.

Linked Sites

This Site may link to or be linked from other websites that are not maintained by, or related to, E-File Magic. E-File Magic does not endorse, and is not responsible for, the content of any of those third-party websites.

Sales of Services

All sales of services are subject to E-File Magic’s standard terms of service, a copy of which is available by clicking here.

Information About You and Your Visits to the Site

All information E-File Magic collects about you on this Website is subject to our Privacy Policy. By using the Site, you consent to all actions taken by E-File Magic in compliance with the Privacy Policy.

International Use

E-File Magic makes no representation that materials on this Site are appropriate or available for use in locations outside the United States. Access to this site from countries or territories where such access is illegal is prohibited. Those who choose to access this Site outside the United States do so on their own initiative and are responsible for compliance with local laws.

Enforcement

E-File Magic has the right to terminate or suspend your access to all or any part of the Site for any (or no) reason, including without limitation any violation of these Terms of Use.

Governing Law

You agree that all disputes arising out of or related to your use of this Site shall be governed in all respects by the laws of the State of Oregon without regard to its conflict of law provisions. Any dispute relating to this Site shall be resolved solely in the state or federal courts located in Portland, Oregon

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