EMOCHILA WEBSITE AND ONLINE TAX ORGANIZER USAGE AGREEMENT

IMPORTANT INFORMATION

This agreement governs the use of both Emochila's websites and on-line tax organizer. You may not use these services until you have read this agreement and indicated your unconditional acceptance of it by selecting the "I accept" button. If you do not accept this agreement, you will not be allowed to create an account, providing you access to the use of these services.

USE OF THIS SITE

Emochila maintains this site for your personal entertainment, information, education, and communication. Please feel free to browse the site. You may download material displayed on the site for non-commercial, personal use only provided you also retain all copyright and other proprietary notices contained on the materials. You may not, however, distribute, modify, transmit, reuse, re-post, or use the content of the site for public or commercial purposes, including the text, images, audio and video without Emochila's written permission. Changes periodically are made to the information contained in this site.

We provide certain default content on our sites, and it is your responsibility to ensure it is in compliance with all laws, regulations and ordinances connected with all aspects of your use. This content serves as an example that you as the client are free to, and should alter or remove, if deemed necessary by law. Under no circumstances shall Emochila be held liable for information provided on the site that may put clientele in violation of any local, state, federal or international law.

The Tax Organizer and the electronic means of information transfer are provided to both the purchaser of the Emochila website itself as well as the customers of those individuals who use the site as a means of communication or information gathering from and to the website owner. Emochila shall have no responsibility or liability for damages or claims relating to any use of the services on a professional basis (i.e., for a preparer's or other fee for tax preparation services) and you agree to indemnify Emochila against any claims relating to such use.

SECURITY

This site has security measures in place to protect the loss, misuse and alteration of the information under our control. Such measures include regular security reviews, upgrades, and backups. We use our best efforts to maintain the security and reliability of our infrastructure; however, they are provided "as is" without any express or implied warranty of any kind including warranties of merchantability, reliability, or fitness for a particular purpose. We offer no assurance of uninterrupted or error free service, nor does Emochila warrant the accuracy or completeness of any service. In no event shall Emochila be held liable for any damages whatsoever (including, without limitation, damages for loss of profits, business interruption, loss of information) arising out of the use or inability to use the system, even if Emochila has been advised of such damages.

DISCLAIMER OF WARRANTY

THIS SITE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. Emochila also assumes no responsibility, and shall not be liable for any such damages to or viruses that may infect, your computer equipment, software, data or other property on account of your access to, use of, or browsing in the site or your downloading of any materials, data, text, images, video or audio from the Site or any linked sites.

Emochila does not warrant that the services are secure, free from bugs, interruptions, errors, or other program limitations. You acknowledge that use of the Internet presents certain risks relating to viruses or other harmful components. You (and not Emochila) assume the entire cost of all necessary servicing, repair, or correction of problems with your software or your hardware caused by viruses or other harmful components.

LIMITATION OF LIABILITY AND DAMAGES

You acknowledge that the operation and availability of the communications systems used for accessing and interacting with the services or to transmit information to the taxing authorities (e.g., the public telephone, computer networks and the Internet) can be unpredictable and may, from time to time, interfere with or prevent access to services or their operation. Emochila is not in any way responsible for any such interference with or prevention of your use of or access to services.

YOU AGREE NOT TO HOLD EMOCHILA LIABLE FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF YOUR PARTICIPATION IN THIRD PARTY SERVICES. ADDITIONALLY, EXCEPT FOR THE ABOVE REIMBURSEMENT FOR CALCULATION ERRORS, YOUR EXCLUSIVE REMEDY AND THE ENTIRE LIABILITY OF EMOCHILA AND THE PARTICIPATING PARTIES FOR ANY REASON SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE SERVICES OR THE THIRD PARTY SERVICES, AS APPLICABLE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EMOCHILA AND THE PARTICIPATING PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA, LOSS OF PROFITS OR INVESTMENT OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF EMOCHILA OR THE PARTICIPATING PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. Some states do not allow the limitation and/or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

In no event shall Emochila or any other party, involved in creating, producing, maintaining or delivering the Site, or any of their affiliates, or the officers, directors, employees, shareholders, or agents of each of them, be liable for any damages of any kind, including without limitation any direct, special, incidental, indirect, exemplary, punitive or consequential damages, whether or not advised of the possibility of such damages, and on any theory of liability whatsoever, arising out of or in connection with the use or performance of, or your browsing in, or your links to other sites from, this Site.

Unaffiliated Products and Sites. Descriptions of, or references to, products, publications or sites not owned by Emochila or its affiliates do not imply endorsement of that product, publication or site. Emochila has not reviewed all material linked to the Site and is not responsible for the content of any such material. Your linking to any other sites is at your own risk.

Communications with this Site. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Emochila will fully cooperate with any law enforcement authorities or court order requesting or directing Emochila to disclose the identity of or help identify or locate anyone posting any such information or materials.

Any communication or material you transmit to the site by e-mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, nonconfidential and non-proprietary. Emochila cannot prevent the "harvesting" of information from this site, and you may be contacted by Emochila or unrelated third parties, by e-mail or otherwise, within or outside of this site. Anything you transmit may be edited by or on behalf of Emochila, may or may not be posted to this site at the sole discretion of Emochila and may be used by Emochila or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Emochila is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.

TRADEMARKS AND COPYRIGHT NOTICE

Unless otherwise noted, product names, designs, logos, titles, text, images, audio and video within this site are the trademarks, service marks, trade names, copyrights or other property (Intellectual Property) of Emochila. All other unregistered and registered trademarks are the property of their respective owners. Nothing contained on the site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Emochila's Intellectual Property displayed on the site without the written permission of Emochila.

CANCELLATION POLICY

The contract for the Emochila SiteWizard is such that the customer may cancel any time during the period of his/her agreement for website services. This cancellation may come in the form of an email to an employee of Emochila, a formal letter stating his/her wish to cancel, or via telephone to Emochila's customer service number which is offered to every client at the time of sale, 866.340.5652.

Cancellations will render the agreement for web services terminated, the website address will be inactive, and no further payments will be charged to a client's method of payment. The payment for use of the SiteWizard for a month is non-refundable. Cancellation may occur at any time, but may not be made retroactive to a prior payment.

Any fees paid to Emochila by a customer for the sake of designing a website, specifically, money paid for the "design" of a site and the purchase of a "design package" and not hosting fees, or designing a logo for the customer's firm are also non-refundable. The if a customer paid for a design package, the flie work, in the form of a .psd file, and layout for the website or logo, then, becomes ownership of the customer for the use in letterhead, envelope, business cards, etc.

Any templated design used by the client (while the client was a paying customer) remains ownership of Emochila, Inc, and the cancelled client loses any further rights of use upon cancellation. Any verbiage that was defaulted when the account was created is copy written by Emochila, Inc. and full rights to ownership are retained by E. Mochila. Cancellation of service with Emochila, Inc. forfeits any further rights to broadcast, publish, disseminate or re-use this verbiage or design, including but not limited to, copying this verbiage or design on another website host.

MISCELLANEOUS

Emochila shall have the right to immediately terminate your access to or use of the services in the event of any activities which are in breach of this agreement or conduct which, in Emochila's judgment, interferes with the operation or use of the services (e.g., excessive usage of the services which disrupts the use of the services by other users). Termination of this agreement automatically terminates your license and authorization to use and/or access services and any content or other material contained therein. Emochila is entitled to enforce its rights hereunder by an action for damages or for specific performance, injunctive or other equitable relief.

This agreement sets forth Emochila's and the Participating Parties' entire liability and your exclusive remedy with respect to the services, and is a complete statement of the agreement between you and Emochila. Headings are included for convenience only, and shall not be considered in interpreting this agreement. This agreement does not limit any rights that Emochila may have under trade secret, trademark, copyright, patent or other laws. The employees of Emochila and its Participating Parties are not authorized to make modifications to this agreement, or to make any additional representations, commitments, or warranties binding on Emochila, except in a writing signed by an authorized officer of Emochila. If any provision of this agreement is invalid or unenforceable under applicable law, then it shall be, to that extent, deemed omitted and the remaining provisions will continue in full force and effect. This agreement will be governed by California law as applied to agreements entered into and to be performed entirely within California without regard to its choice of law or conflicts of law principles and applicable federal law.