DeductionTraQ - Charity Tracking Made Easy!

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DeductionTraQ Membership Agreement

This DeductionTraQ Membership Agreement(the "Agreement") is a legally binding contract between DeductionTraQ LLC, a Minnesota limited liability company ("DeductionTraQ") and you, the licensee obtaining a membership to this DeductionTraQ charity tracking software ("tracking software"). This agreement allows your use of tracking software for a year. DeductionTraQ is willing to provide with access to the tracking software only on the condition that you accept all of the terms and conditions obtained in this agreement. By clicking your acceptance of this agreement, you acknowledge that you have read all of the terms and conditions of this agreement, understand them and agree to be legally bound by them. If you do not agree all of the terms and conditions in this agreement, you may not use or access tracking software.

1. License and Permitted Use. Subject to the terms and conditions of this agreement, DeductionTraQ grants to you a limited, non-exclusive, non-sublicensable, non-transferrable right and license to access and use tracking software. This license is expressly conditioned on your: (i) only using the tracking software through deductiontraq.net website; (ii) only using the tracking software in the manner permitted by this agreement and in accordance with the type of license that you obtained; (iii) only using the tracking software for your own personal non-commercial use, solely in connection with calculating your own charity deductions and filling tax returns.
2. License Restrictions. You may not directly or indirectly: (i) sell, rent, loan, copy or redistribute or transfer to any other person or company without the prior express written permission of DeductionTraQ.  (ii) use the tracking software in other than its intended manner for the benefit of any third parties or by using or accessing the tracking software to track charities for any other person for a fee (and you agree to defend and hold harmless DeductionTraQ against any losses, liabilities, claims, costs or expenses including reasonable attorney�s fees and enforcement costs, arising out of or relating any such user or access). DeductionTraQ reserves all rights not expressly granted to you.
3. Fair Market Value Calculations :- The value of items contained in this tracking software is based on 90-days of transactional data from the popular auction site eBay.com. The value of an item is largely based upon the quality and condition of the item, which you independently determine and input into the tracking software. DeductionTraQ recommends that you retain detailed descriptions and photographs of donated items in the event that any of your valuations are challenged by the Internal Revenue Service ("IRS") or any state revenue authority. The tracking software is a tool to help users track and value their charitable donations. The program does not calculate or accommodate complex tax situations or issues such as charitable trust donations, partial interest donations, carry overs from the previous years donations. If you have any questions about a valuation, you should consult with a qualified appraiser or tax advisor. While DeductionTraQ is providing the tracking software as a general tool to assist you in calculating the fair market value of your non-cash donations, THE TRACKING SOFTWARE DOES NOT REPLACE YOUR OBLIGATION TO EXERCISE YOUR INDEPENDENT JUDGMENT IN USING THE TRACKING SOFTWARE.
4. In no event will DeductionTraQ be liable to you or to any third party for any indirect, special, incidental, punitive, exemplary or consequential damages including, but not limited to, damages for lost data, lost profit or business, lost revenues, loss of use or any similar damages or liabilities or for any claim or demand against you by any other party even if advised of the possibility of such damages.
5. IN NO EVENT SHALL DEDUCTIONTRAQ�S MAXIMUM AGGREGATE, CUMULATIVE LIABILITY, IF ANY, ARISING OUT OF OR RELATED TO THIS AGREEMENT AND THE TRACKING SOFTWARE FOR ANY AND ALL CAUSES WHATSOEVER, REGARDLESS OF THE FORM OF THE ACTION OR THEORY OF LIABILITY, EXCEED YOUR ACTUAL DOCUMENTED DIRECT DAMAGES INCURRED UP TO GREATER OF i) AMOUNTS YOU PAID TO DEDUCTIONTRAQ FOR YOUR MEMBERSHIP TO TRACKING SOFTWARE OR FIFTY DOLLARS ($50).
6. Arbitration. 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 BLOCK 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.
7. Miscellaneous

a. 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 DeductionTraQ or any other party, which are not included in this Agreement, shall be binding on DeductionTraQ. In particular, no reseller or other similar party shall have any authority to vary this Agreement or obligate DeductionTraQ in any way.

b. Amendments.
 Neither party may modify or amend this Agreement except by a writing signed by you and an authorized representative of DeductionTraQ.

DeductionTraQ 2007

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