PLEASE READ THIS AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.

This End-User License Agreement (the "Agreement") is a legally binding contract between TAAP Publishing LLC, a California limited liability company ("TAAP") and you. This Agreement governs your use of the TAAP ALL IN ONE TRUST ACCOUNTING MODULES®, TAAP STANDARD TRUST ACCOUNTING MODULE®, TAAP COMPLEX TRUST ACCOUNTING MODULE®, GC SIMPLIFIED GUARDIANSHIP/CONSERVATORSHIP MODULE®, GC STANDARD GUARDIANSHIP/CONSERVATORSHIP MODULE® or CALIFORNIA INTELLGENT TRUST SETTLEMENT SYSTEM® software and accompanying documentation (the "Software"). Be sure that you carefully read and fully understand this Agreement.

YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. TAAP IS WILLING TO LICENSE THE SOFTWARE ON A LIMITED, NON-EXCLUSIVE, PERSONAL, NON-TRANSFERABLE BASIS TO AN AUTHORIZED USER, AND ANY SUB-USER(S) ESTABLISHED UNDER THE LICENSE OF AN AUTHORIZED USER, ONLY ON THE CONDITION THAT THE AUTHORIZED USER, AND EACH SUB-USER, SEPARATELY ACCEPT ALL OF THE TERMS OF THIS AGREEMENT. YOU PROVIDE YOUR CONSENT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT BY CLICKING YOUR ACCEPTANCE OF THIS AGREEMENT.

• THE AUTHORIZED USER IS PURCHASING A MONTHLY LICENSE TO USE THE PROGRAM. A MONTHLY RECURRING FEE. FAILURE TO PAY THE RECURRING MONTHLY FEE WILL RESULT IN TERMINATION OF THE MONTHLY LICENSE.
• THE AUTHORIZED USER MAY ADD SUB-USERS UNDER ITS ACCOUNT FOR AN ADDITOINAL FEE.
• PURSUANT TO PARAGRAPH 5 OF THIS AGREEMENT YOU WARRANT THAT YOU ARE A LICENSED PROFESSIONAL.
• TAAP PUBLISHING, LLC, DOES NOT PRACTICE LAW NOR DO ITS EMPLOYEES OR AGENTS.
• TAAP MICROSOFT EXCEL® REPORTS ARE DESIGNED TO MEET THE UNIQUE REQUIREMENTS OF CALIFORNIA LAW AND LOCAL CALIFORNIA COURT RULES. TAAP REPORTS CAN BE CUSTOMIZED IN THE TOOLS MENU AS WELL AS IN MICROSOFT EXCEL.
• THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE EXCLUDED. READ PARAGRAPHS 10-13 REGARDING LIMITED WARRANTIES.
• DAMAGES AGAINST TAAP PUBLISHING, LLC ARE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE.
• THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION THAT MAY BE ENFORCED BY ANY PARTY.

PAYMENT METHODS

TAAP PUBLISHING, LLC accepts credit cards as the only form of payment. TAAP PUBLISHING, LLC may obtain a pre-approval from the credit card company for an amount up to the amount of the order. Billing to your credit card occurs at the time of purchase or shortly thereafter. You authorize TAAP PUBLISHING, LLC to charge your credit card on a monthly recurring basis for the products selected by the Authorized User and any Sub-user(s) established under the account of the Authorized User.

PLEASE NOTE: We are unable to accept credit cards issued by banks outside of the United States or prepaid gift cards issued by credit card companies or Debit cards and check cards.

If a transaction has been declined online due to credit card issues please ensure all data is correct and resubmit. If the transaction is not accepted online, you will be unable to use that card for your transaction and should use another credit card.

1. COMPLIMENTARY 30 DAY TRIAL: TAAP Publishing, LLC offers a complimentary 30 day trial if you provide a valid credit card. You authorize the company to charge the sum of One Dollar ($1.00) against your credit card as a condition to take advantage of the trial period. If you unsubscribe before the end of the trial period TAAP will refund the $1.00 charge to you, if you continue with the subscription you will receive a $1.00 credit toward the first month license fee.
2. MONTHLY LICENSE, PERMITTED USE, ACCESS TO SOFTWARE: The Software is licensed, not sold. Subject to the terms and conditions of this Agreement, TAAP PUBLISHING, LLC grants a recurring one month license conditioned upon timely payment(s) to access, use and display the Software for one month immediately following the date of purchase. The license is automatically renewed each month unless/until you unsubscribe. The license will terminate upon failure to pay without further notice. The license is limited, non-exclusive, personal, and non-transferable. This license grants access to and use of the Software only in the manner set forth in this Agreement provided, and on the conditions:
   1. Delivery Of Software: TAAP Publishing, LLC shall deliver the software, upgrades and updates to the software, through online cloud access or any other means that TAAP Publishing, LLC in it’s sole discretion deems expedient.
   2. Authorized User: An Authorized User is the user that created the account and is responsible for payment for the Authorized User and any Sub-Users created under the Authorized User. Only an Authorized User may create an account. Upon creating the account the Authorized User receives a limited, non-exclusive, personal, non-transferable license to use the software and the right to add Sub-users under the account for an additional fee as stated. An authorized user may access and use the Software. At all times only the Authorized User may access the software, unless Sub-users have been created.
   3. Sub-users: A Sub-user is a user established under the account of an Authorized User. An Authorized User may add Sub-users whose license to use the software is derived from the Authorized User. The Sub-user(s) license will immediately terminate as described in section 2(d).
   4. The Authorized User authorizes TAAP PUBLISHING, LLC to charge the fee for the selected modules each and every month on a recurring basis until the Authorized User unsubscribes. The Authorized User may unsubscribe prospectively only. TAAP Publishing, LLC will not refund for partial months. An unsubscribe notice is generated by selecting “Unsubscribe” on the company website and will be effective on the first day of the month following the unsubscribe date.
   5. The license of the Authorized User and all Sub-user(s) deriving their license from the Authorized User shall terminate upon the Authorized User unsubscribing, or failing to pay the monthly recurring charge.
   6. Upon unsubscribing or failing to pay the recurring monthly charge the authorized user and all Sub-users deriving their license from the authorized user will be denied access to the software.
   7. A subscription may be reinstated only with the permission of the company within 90 days of unsubscribing or termination of license. If the reason for termination is failure to pay the company will require catch up payments as a condition for reinstatement. After 90 days all data relating to the account will be deleted.
3. “Continuing Monthly License” - Upgrades & Continued Usage. “Continuing Monthly License”: shall mean and refer to the grant and access to and use of the Software in a month immediately following the first month of purchase, or a month immediately following a month in which a “Continuing Monthly License” was purchased. The purchase price of the “Continuing Monthly License” will be as posted on the TAAP PUBLISHING, LLC web site and may increase or decrease in the sole discretion of TAAP PUBLISHING, LLC without notice.
   To continue to use the program or to receive and use any upgrade to the Software, you must first acquire the “Continuing Monthly License” to the Software. After you acquire any upgrade to the Software, you may no longer use the prior version of the Software for any purpose whatsoever. You understand and agree that TAAP PUBLISHING, LLC’s obligations under this agreement shall not apply if you do not use the most currently available version of the Software.
   Failure to Purchase Continuing Monthly License: In the event that you do not purchase the “Continuing Monthly License” in the month immediately following the month of purchase, or in any month immediately successive to the month in which a Continuing Monthly License has been purchased, your right to purchase a Continuing Monthly License shall terminate. A subscription may be reinstated only with the permission of the company within 90 days of unsubscribing or failure to pay the recurring monthly charge. After 90 days all data relating to the account will be deleted.
4. Use of Software: You may use the All in One Trust Accounting Modules and GC Accounting Modules software in your professional business for the purpose of preparing and rendering a trust accounting for Trusts, Guardianships, or Conservatorship accountings. You may use the California Intelligent Trust Settlement System software in your professional business for the purpose of administering and settling a trust administration.
   You may share and disclose any report generated by the software with any “interested” party in the subject trust or their legal representative, as well as any court or other judicial officer [including an Arbitrator or Mediator] having or acquiring jurisdiction over the subject trust. “Interested Party” shall mean the person(s) interested in the subject trust as defined by local law.
   You agree that only you and authorized/new users under your license may use the software. You agree that you shall have sole responsibility and liability for reviewing any trust accounting for accuracy and completeness and for otherwise verifying any results derived from using the Software.
5. License Restrictions: You may not directly or indirectly:
   1. Re-distribute, sell, rent, loan, resell or otherwise transfer the Software or any rights in or to the Software to any other person or entity.
   2. Use the Software in any manner other than its intended manner or making the Software available on an application service provider, outsourcing or service bureau basis, or on any peer-to-peer or file-sharing service or network, and you agree to indemnify, defend and hold harmless TAAP PUBLISHING, LLC against any losses, liabilities, claims, costs or expenses, including reasonable attorneys’ fees and enforcement costs, arising out of or relating to any such use or access.
   3. Duplicate the Software by any means, including electronically.
   4. Remove any proprietary notice, labels or marks on or in Software.
   5. Derive or attempt to derive the source code for the Software, or
   6. Disable or circumvent any access control or related device, process or procedure established with respect to the Software. You are responsible for all use of the Software and for compliance with this Agreement and any breach by you and or any additional/new user of the Software provided to you shall be your responsibility. TAAP PUBLISHING, LLC reserves all rights not expressly granted to you.
6. Intellectual Property Rights: The Software is protected by United States copyright law and international treaty provisions. Title to the Software and all associated intellectual property rights are owned and shall be retained exclusively by TAAP Publishing, LLC, and its licensors. Through your use of the Software, you acquire no ownership interest in the Software or any derivative work or component of the Software. No right, title or interest in or to any trademark, service mark, logo, registered name, or trade name of TAAP Publishing, LLC or its licensors is granted to you under this Agreement. Unless and to the extent that applicable laws may require otherwise, you may not decompile, disassemble, modify or reverse engineer the Software, or seek to derive the source code from any executable object code provided to you, or modify, translate, or otherwise create derivative works based on the Software or any part thereof. TAAP Publishing, LLC and/or its licensors are the exclusive owners of the copyright for the Software and TAAP Publishing, LLC reserves all rights related to such ownership, including the exclusive right to make derivative works of the Software and to duplicate, distribute, license and sell the Software. You acknowledge that the Software, any enhancements, corrections or modifications to the Software (regardless of whether made by TAAP PUBLISHING, LLC, its licensors, you or a third party) and all copyrights, patents, trade secrets, trademarks and other intellectual property rights protecting or pertaining to any aspect of the Software (or any enhancements, corrections or modifications) are and shall remain the exclusive property of TAAP Publishing, LLC and/or its licensors.
7. Your Professional Status Warranty:TAAP ALL IN ONE TRUST ACCOUNTING MODULES®, TAAP STANDARD TRUST ACCOUNTING MODULE®, TAAP COMPLEX TRUST ACCOUNTING MODULE® GC SIMPLIFIED GUARDIANSHIP/CONSERVATORSHIP MODULE®, GC STANDARD GUARDIANSHIP/CONSERVATORSHIP MODULE® or CALIFORNIA INTELLGENT TRUST SETTLEMENT SYSTEM® software is available for licensing and use only by licensed professionals or their employee(s) and under the professional’s direction. You specifically warrant that you are licensed as an Attorney at Law, Certified Public Accountant, Enrolled Agent, Private Professional Fiduciary, Certified Paralegal, or a Bank or Trust Company, each of the foregoing being licensed by the appropriate licensing agency, chartered as such in its articles and filed with the appropriate state agency, and qualified as a licensed professional to do business in the state which has jurisdiction over the internal affairs of the trust and on the day and in every location you are using the Software or disseminating any document, form, report, or other written communication generated by the Software.
   If at any time your professional license is suspended or terminated, or your qualification to do business as a licensed professional in the state which has jurisdiction over the internal affairs of the trust is suspended, terminated, enjoined, or otherwise restricted by legal process, your right to use the Software is immediately terminated. Upon termination for the foregoing reasons you may not thereafter use the Software and agree to delete your copy of the Software.
8. MICROSOFT EXCEL® REPORTS: The MICROSOFT EXCEL® REPORTS produced by TAAP ALL IN ONE TRUST ACCOUNTING MODULES®, TAAP STANDARD TRUST ACCOUNTING MODULE®, TAAP COMPLEX TRUST ACCOUNTING MODULE® GC SIMPLIFIED GUARDIANSHIP/CONSERVATORSHIP MODULE®, GC STANDARD GUARDIANSHIP/CONSERVATORSHIP MODULE® or CALIFORNIA INTELLGENT TRUST SETTLEMENT SYSTEM® are the reports produced in Microsoft Excel® without any change or customization in the TOOLS MENU or through features available in Microsoft Excel®. The MICROSOFT EXCEL® REPORTS are formatted to satisfy and comply with California Law and rules of court. You are responsible to select the correct module to satisfy local rules in your area as some counties require use of GC SIMPLIFIED GUARDIANSHIP/CONSERVATORSHIP MODULE® OR GC STANDARD GUARDIANSHIP/CONSERVATORSHIP MODULE® style MICROSOFT EXCEL® REPORTS even for trust matters.
9. Limited Warranty/Replacement of Defective Media: TAAP Publishing, LLC warrants that the media (if any) on which the Software is provided will be free from defects in materials and workmanship under normal use for a period of ninety (90) days after you first acquire your copy of the Software. If you received the Software electronically (e.g., through a download from a TAAP website), TAAP Publishing, LLC warranty is that the file containing the Software, properly downloaded, will be executable. If the Software media (or file, as applicable) fails to conform to this warranty, you may, as your sole and exclusive remedy, obtain a replacement free of charge provided that you notify TAAP within thirty (30) days after you first acquire the Software; or you may exercise the refund guarantee. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. The rights and benefits afforded by this Section are personal to the original licensee who acquired the Software from TAAP or from its authorized reseller and they may not be assigned or otherwise transferred to any other party. The warranty is void if you use the Software contrary to the terms and conditions of this Agreement.
10. DISCLAIMER OF WARRANTIES: EXCEPT FOR THE LIMITED WARRANTIES DESCRIBED IN THIS AGREEMENT AND SUBJECT TO CONTRARY PROVISIONS OF STATE LAW, TAAP PUBLISHING, LLC MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SOFTWARE. WITHOUT LIMITING THE PRECEDING SENTENCE AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY IMPLIED WARRANTIES SUCH AS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE EXCLUDED FROM YOUR ACQUISITION AND USE OF THE SOFTWARE.
    TAAP PUBLISHING, LLC DOES NOT WARRANT OR PROMISE THAT THE SOFTWARE WILL IDENTIFY THE APPROPRIATE DOCUMENTS, REPORTS, OR FORMAT FOR YOUR NEEDS; THAT THE SOFTWARE IS FREE FROM BUGS OR ERRORS; NOR DOES TAAP MAKE ANY OTHER PROMISES ABOUT THE PERFORMANCE, ACCURACY, OR RELIABILITY OF THE SOFTWARE, OR ITS ABILITY TO MEET YOUR REQUIREMENTS.
    WHILE TAAP PUBLISHING, LLC IS PROVIDING THE SOFTWARE AS A GENERAL TOOL TO ASSIST YOU IN PREPARING A FIDUCIARY ACCOUNTING; THE SOFTWARE DOES NOT REPLACE YOUR OBLIGATION TO EXERCISE YOUR INDEPENDENT JUDGMENT IN USING THE SOFTWARE. THE SOFTWARE IS NOT A SUBSTITUTE FOR RESEARCHING AND APPLYING STATE STATUTES, CASE LAW, COURT RULES AND ANY OTHER LAW OR REGULATION REGARDING FIDUCIARY ACCOUNTINGS.
    TAAP PUBLISHING, LLC DOES NOT WARRANT OR PROMISE THAT THE SOFTWARE WILL COMPLY WITH LOCAL COURT FORMAT REQUIREMENTS IN ANY PARTICULAR JUSRISDICTION, VENUE, COUNTY OR LOCALE.
    YOU ARE SOLELY RESPONSIBLE FOR CORRECTLY INPUTTING YOUR INFORMATION INTO THE SOFTWARE AND FOR VERIFYING ALL OUTPUTS RESULTING FROM YOUR USE OF THE SOFTWARE. SOME STATES MAY NOT ALLOW EXCLUSIONS OR LIMITATIONS OF IMPLIED WARRANTIES SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU AND, IN SUCH CASE, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO SIXTY (60) DAYS FROM THE DATE YOU FIRST ACQUIRED THE SOFTWARE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
11. TAAP DOES NOT PRACTICE LAW: YOU ACKNOWLEDGE THAT TAAP PUBLISHING, LLC AND ITS RESPECTIVE MANAGERS, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES AND SUBSIDIARIES DO NOT PRACTICE LAW NOR ARE THEY PROVIDING OR RENDERING ANY SUCH LEGAL OR OTHER PROFESSIONAL SERVICES TO YOU WITH REGARD TO THE SOFTWARE. YOU ACKNOWLEDGE AND AGREE TO THIS PROVISION EVEN IF SUCH MANAGERS, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES AND SUBSIDIARIES IS A LICENSED PROFESSIONAL AND ENGAGES IN THE PRACTICE OF THE PROFESSION FOR WHICH HE/SHE IS SO LICENSED. NEITHER TAAP PUBLISHING, LLC NOR ITS MANAGERS, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES AND SUBSIDIARIES ARE ENGAGED FOR THE RENDERING OF PROFESSIONAL SERVICES BY VIRTUE OF THIS AGREEMENT. YOU AGREE THAT NO ATTORNEY CLIENT RELATIONSHIP IS CREATED BY VIRTUE OF ACCESS TO THE TAAP INSTRUCTIONAL VIDEOS, AND THAT THE COMMENTS AND DISCUSSIONS IN THE VIDEOS ARE OF A GENERAL NATURE AND NOT INTENDED TO APPLY TO YOUR SPECIFIC FACTS OR ANY SPECIFIC FACTS.
    YOU ACKNOWLEDGE THAT THE PROPER ADMINISTRATION OF A TRUST OR ESTATE MAY VARY GREATLY AND MAY IN SOME SENARIOS BE EXTREMELY COMPLEX AND DECISIONS REGARDING ACCOUNTINGS MAY OR MAY NOT PREJUDICE THE RIGHTS OF BENEFICIARIES FOR WHICH THEY MAY HAVE LEGAL REDRESS AND THAT THE SOFTWARE IS NOT A SUBSTITUTE FOR THE ADVICE OF A QUALIFIED ATTORNEY.
    YOU FURTHER ACKNOWLEDGE THAT LAWS VARY OF THE STATE OF CALIFORNIA AND COURT RULES AND REQUIREMENTS CHANGE OVER TIME AND MAY CHANGE SUBSTANTIALLY AND THAT THE FINAL DOCUMENTS, FORMS AND REPORTS SHOULD BE REVIEWED BY A QUALIFIED ATTORNEY BEFORE USE.
    Where the content contained in or the formatting of the MICROSOFT EXCEL® or MICROSOFT WORD REPORTS® produced by TAAP ALL IN ONE TRUST ACCOUNTING MODULES®, TAAP STANDARD TRUST ACCOUNTING MODULE®, TAAP COMPLEX TRUST ACCOUNTING MODULE® GC SIMPLIFIED GUARDIANSHIP/CONSERVATORSHIP MODULE®, GC STANDARD GUARDIANSHIP/CONSERVATORSHIP MODULE® or CALIFORNIA INTELLGENT TRUST SETTLEMENT SYSTEM® is to be negotiated with another party, you agree to consult with a qualified attorney prior to the start of negotiations. You also acknowledge that there are scenarios in which documents, forms and reports, or other written communications, generated in connection with your use of the Software may be invalid or unenforceable in California and if you are unsure whether a particular document, form, report, or other written communication is valid or enforceable, you agree to consult with a qualified attorney in advance of using or relying upon any such document, form or report.
    When a judgment is to be made as to the applicable category of an item of receipt or expense and classifications as to income and principal you acknowledge that there are scenarios in which competent professional judgment is required. In such a case you agree that the Software cannot and does not purport to exercise such professional judgment and you agree to consult with a qualified attorney in advance before proceeding.
12. Limitations on Liability and Damages: YOUR EXCLUSIVE REMEDY AND THE ENTIRE LIABILITY OF TAAP PUBLISHING, LLC, ITS MANAGERS, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, AFFILIATES AND SUBSIDIARIES WITH RESPECT TO YOUR USE OF THE SOFTWARE SHALL BE LIMITED TO THE AMOUNT PAID BY YOU IN THE IMMEDIATELY PRECEDING 12 MONTH PERIOD TO TAAP PUBLISHING, LLC OR ITS AUTHORIZED DISTRIBUTOR FOR THE LICENSE TO THE SOFTWARE.
    IN NO EVENT WILL TAAP PUBLISHING, LLC, ITS MANAGERS, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, AFFILIATES AND SUBSIDIARIES BE LIABLE TO YOU, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR BUSINESS INFORMATION, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF TAAP PUBLISHING, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    You agree that TAAP PUBLISHING, LLC its MANAGERS, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, AFFILIATES AND SUBSIDIARIES will not at any time have any additional liability for any claim, cause of action or injury that you or any other person may have as a result of: (1) your use of, or inability to use, the Software; (2) your use of any documents, forms, reports, or other written communication generated by the Software; (3) your retention of, or your failure to consult or retain, an attorney with respect to any contract, documents, forms, reports, letter, notice, litigation, negotiation, other written communication, or other legal matter; (4) connection or toll charges for using the Software or obtaining updates for the Software; or (5) any fees, costs or expenses arising out of troubleshooting or technical support for the Software.
    SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
    YOU AGREE THAT THE ESSENTIAL PURPOSES OF THIS AGREEMENT CAN BE FULFILLED EVEN WITH THESE LIMITATIONS ON LIABILITIES. YOU ACKNOWLEDGE THAT TAAP WOULD NOT BE ABLE TO OFFER THE SOFTWARE ON AN ECONOMICAL BASIS WITHOUT THESE LIMITATIONS.
13. Security: You understand and agree that you are solely responsible for all computer password, data, file and network security, including but not limited to, an active firewall on your computer and/or network connection, anti-virus software and anti-spyware software, necessary to secure and protect any proprietary or confidential information that you provide, store, submit, transmit or disclose directly or indirectly with your use of the Software.
14. Arbitration Provision: You and TAAP PUBLISHING, LLC agree that any claim, dispute or controversy, whether in contract, tort (intentional or otherwise), whether pre-existing, present or future, and including constitutional, statutory, common law, regulatory and equitable claims in any way arising out of or relating to: (1) the Software; (2) advertisements, promotions, or oral or written statements arising out of or relating to the Software; (3) TAAP PUBLISHING, LLC Privacy Policy; or (4) the relationships between you and TAAP PUBLISHING, LLC including the validity, enforceability or scope of this Agreement or any part hereof (collectively, “Claim"), shall be resolved, upon the election of either you or TAAP PUBLISHING, LLC by binding arbitration pursuant to this arbitration provision and the applicable rules of American Arbitration Association (“AAA”) or the National Arbitration Forum ("NAF") in effect at the time a Claim is filed. The party initiating the arbitration proceeding shall have the right to select one of these two arbitration administrators. The arbitrator must be a lawyer with more than ten (10) years of legal experience or a retired or former judge. In the event of a conflict between this arbitration provision and the rules of the arbitration administrator, this arbitration provision shall govern.
    TAAP PUBLISHING, LLC hereby agrees not to invoke its right to arbitrate any individual Claim you may bring in small claims court so long as the Claim is pending only in that court. No class actions or joinder or consolidation of any Claim with other persons are permitted in the arbitration without the written consent of you and TAAP PUBLISHING, LLC. For any Claim you file, you will pay the first $50.00 of the filing fee. At your request, TAAP will pay the remainder of the filing fee and any administrative or hearing fees charged by the arbitration administrator, up to $250.00 on any Claim asserted by you in the arbitration. If the arbitrator grants an award in your favor in excess of an amount offered to you by TAAP PUBLISHING, LLC in settlement of your Claim, TAAP will reimburse you for any additional fees paid or owed by you to the arbitration administrator up to the amount of the fees that would have been charged if the original Claim had been for the amount of the actual award in your favor. If the arbitrator issues an award in favor OF TAAP PUBLISHING, LLC, you will not be required to reimburse TAAP PUBLISHING, LLC for any fees TAAP PUBLISHING, LLC paid to the arbitration administrator on your behalf or for which you are responsible. Any arbitration hearing that you attend will take place in the federal judicial district in which you live. This arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16 ("FAA"). The arbitrator shall apply substantive law consistent with (1) the FAA; and (2) except where inconsistent with the FAA, the choice of law provision of Section 19 of this Agreement. The arbitrator's award shall not be subject to appeal, except as permitted by the FAA. Upon request of either party, the arbitrator shall prepare a short, reasoned written opinion supporting the arbitration award. Judgment upon the award may be entered in any court having jurisdiction. Nothing in this arbitration provision shall prevent TAAP PUBLISHING, LLC from seeking or obtaining injunctive relief as a result of a violation or threatened violation of Section 3 of this Agreement and any such injunctive action shall not constitute a waiver of the requirement of arbitration for any Claim. Nothing in this paragraph will be construed as a waiver of the limitation on damages in paragraph 11.
    YOU ACKNOWLEDGE THAT YOU HAVE A RIGHT TO LITIGATE CLAIMS IN COURT BEFORE A JUDGE OR JURY, BUT YOU AGREE TO RESOLVE ANY SUCH CLAIMS THROUGH ARBITRATION AND HEREBY KNOWINGLY AND VOLUNTARILY WAIVE YOUR RIGHTS TO LITIGATE SUCH CLAIMS IN COURT BEFORE A JUDGE OR A JURY, UPON ELECTION OF ARBITRATION BY TAAP OR BY YOU. YOU ACKNOWLEDGE THAT YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE AS A REPRESENTATIVE OR MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION, EVEN IF SUCH CLASS ACTION IS PENDING ON THE DATE OF YOUR ACCEPTANCE OF THIS AGREEMENT, EXCEPT THAT THIS ARBITRATION PROVISION WILL NOT PRECLUDE YOUR PARTICIPATION IN A CLASS ACTION THAT HAS ALREADY BEEN CERTIFIED ON THE DATE OF YOUR ACCEPTANCE OF THIS AGREEMENT.
    If you have a question about the arbitration administrators mentioned in this Section 14 or if you would like to obtain a copy of their arbitration rules, you can contact the American Arbitration Association at:
    
    335 Madison Avenue,
    New York, NY 10017
    and at www.adr.org
    
    And
    
    The National Arbitration Forum at P.O. Box 50191, Minneapolis, MN 55405
    and at
    www.arb-forum.com,
    (800) 474-2371.
    The foregoing information is subject to change.
15. Indemnification: You agree to hold TAAP PUBLISHING, LLC and its MANAGERS, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, AFFILIATES AND SUBSIDIARIES free from and against any claim, suit, loss, liability, penalty or damages (including incidental and consequential damages), costs and expenses (including reasonable attorneys’ fees and expenses), arising out of your breach of this Agreement.
16. Consent to Electronic Communications: You consent to TAAP PUBLISHING, LLC providing you in electronic form any information or notices that TAAP PUBLISHING, LLC may be required by law to send to you or that may pertain to the Software or use of information you may submit in connection with the Software (collectively "Information"). TAAP PUBLISHING, LLC may provide information to you (1) via e-mail at the e-mail address you designated to TAAP PUBLISHING, LLC or an TAAP PUBLISHING, LLC affiliate (if any); or (2) by access to a TAAP PUBLISHING, LLC or an TAAP PUBLISHING, LLC affiliate website that will generally be designated in advance for such purpose or designated in an e-mail notice to you, or (3) in the course of your use of the Software including, without limitation, via a screen or page within the Software or via a link from within the Software to a web page containing the Information. In order to use the Software and receive Information electronically as described above, your computer (and its connectivity) must meet or exceed the following system requirements: computer, monitor, internet access, browser compatible Internet Explorer 6.0 or higher, an e-mail address, and the ability to print or download communications.
    You may withdraw your consent to receive electronic communications by making a request in writing to the address posted on the TAAP web site. Please provide your physical address and email address to request the change. If you choose to withdraw your consent, then you may be unable to access certain features or functionality that would otherwise be made available to you, or we may terminate your license to use the Software. Some notices may be "one-time" notices for which your consent may not practically be withdrawn after receiving the initial electronic notice.
17. Export Restrictions: The Software is provided solely for lawful purposes and use. You shall be solely responsible for, and agree to comply with, all applicable laws, statutes, ordinances, and other governmental authority, however designated. Without limiting the foregoing, you agree to comply with all U.S. export laws and applicable export laws of your locality (if you are not in the United States), and shall not export any Software or other materials provided by TAAP PUBLISHING, LLC without first obtaining all required authorizations or licenses; all of which must be in writing.
    You acknowledge that this software is subject to the U.S. Export Administration Regulations (15 CFR, Chapter VII) and that you must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end-users and end-use. You expressly agree that you will not download, transfer, export or re-export this Software, directly or indirectly, to: (1) any countries (or citizens, nationals or residents of any countries) that are subject to U.S. export restrictions (including, but not limited to, Cuba, Iran, Iraq, Sudan, Libya, North Korea and Syria); (2) any end-user who has been prohibited from participating in US export transactions by any federal agency of the U.S. government; or (3) any end-user who you know or have reason to know will utilize the Software in the design, development or production of nuclear, chemical or biological weapons. You further acknowledge that this product may include technical data subject to export and re-export restrictions imposed by U.S. law.
    You acknowledge that TAAP Publishing, LLC specifically prohibits the downloading, possession, use or transmission of the Software by any citizen, national, or resident of, or under control of, the government of Cuba, Iran, Iraq, Sudan, Libya, North Korea, Syria or any other country to which the United States has prohibited export, any person or entity listed on the United States Department of Treasury lists of Specially Designated Nationals, Specially Designated Terrorists, and Specially Designated Narcotic Traffickers or as listed on the United States Department of Commerce Table of Denial Orders.
18. Termination: Without prejudice to any other rights, TAAP PUBLISHING, LLC may immediately terminate this Agreement if you do not abide by its terms and conditions, in which case you must destroy all copies of the Software and certify in writing to TAAP PUBLISHING, LLC of your compliance with this Section. All provisions of this Agreement which must survive in order to give effect to its meaning will survive termination or expiration of this Agreement.
19. Other:
    1. Governing Law, Forum: This Agreement shall be governed by the laws of California, without regard to choice of law or conflicts of law provisions. Subject to and without limiting Section 14 of this Agreement, the parties agree that the exclusive jurisdiction of any dispute arising out of, or relating to, this Agreement or any dispute arising out of, or relating to, the Software or services provided in connection therewith shall be in the courts located in the county of Orange, State of California.
    2. Entire Agreement: This Agreement is the entire and exclusive agreement between the parties with respect to the subject matter hereof, and it supersedes all previous communications, representations or agreements, either oral or written, between them. No representations or statements of any kind made by any representative of TAAP or its affiliates or subsidiaries, which are not included in this agreement, shall be binding on TAAP.
    3. Amendments: Neither party may modify or amend this Agreement except by a writing signed by you and authorized representatives of TAAP.
    4. Waiver: No waiver of any provision or condition herein shall be valid unless in writing and signed by you and an authorized representative of TAAP. TAAP's failure to insist upon or enforce strict performance of any provision of this Agreement or any right shall not be construed as a waiver of any such provision or right.
    5. Severability: If any provision of this Agreement is determined to be illegal or unenforceable, such provision shall be automatically reformed and construed so as to be valid, operative and enforceable to the maximum extent permitted by law or equity while preserving its original intent. The invalidity of any part of this Agreement shall not render invalid the remainder of this Agreement.
    6. Notice:. Except as otherwise indicated, any notices under this Agreement to TAAP must be personally delivered or sent by certified or registered mail, return receipt requested, or by United States Postal Service express mail, to TAAP Publishing, LLC at the addresses for such notices as posted on the TAAP web site. Such notices will be effective upon TAAP’s receipt, which may be shown by confirmation of delivery. All notices to TAAP shall be sent to the attention of TAAP Publishing, LLC Notices, (unless otherwise specified by TAAP).
    7. Miscellaneous: This Agreement shall inure to the benefit of TAAP PUBLISHING, LLC, its affiliates, subsidiaries and successors and assigns. Any and all references in this Agreement to TAAP PUBLISHING, LLC its affiliates and subsidiaries shall, where the context so permits, include TAAP PUBLISHING, LLC parent companies, and their respective subsidiaries, affiliates, directors, officers, employees, contractors and agents. Any provision which by its terms is intended to survive termination of this Agreement, including, but not limited to, the provisions of Sections 1, 2, 3, 4, 8, 9, 10, 11, 12, 14, 15 and 16 shall survive termination or expiration of this Agreement. The headings contained herein are for the convenience of the parties only and shall not be used to interpret or construe any of the terms of this Agreement.

THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION THAT MAY BE ENFORCED BY ANY PARTY.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.