Spokane Computer, Inc

Mag-Filer Terms and Conditions

Last updated: May 1, 2022 

Thank you for choosing Spokane Computer’s (“SCI”) Mag-Filer Software System and Services.  Mag-Filer is an IRS/SSA E-Filing Software application (the “System”), website https://www.mag-filer. com (the "Site") and customer services and technical support provided by staff at SCI and at https://www.mag-filer.com/help and https://magfiler.freshdesk.com/support/home  and by phone at 800-565-6576 (“Services”) .

 

By accepting this agreement or using the software or services, you (“Client”) agree to all these terms and consent to the transmission of certain information during activation and during your use of the software pursuant to the Spokane Computer Privacy Statement (https://www.mag-filer.com/privacypolicy) (“Privacy Statement”).

 

Recitals

SCI operates the System, Site and Services.  Client requires a Windows based Electronic Filing solution.

 

  • Terms and Conditions System can be purchased and installed at one site to as many workstations as required, with one support contact.  Multiple sites and contacts require the purchase of additional programs.  Pricing details available at Site.​

  • Ownership System, and its related components, and support materials, are proprietary, owned by SCI, and are protected by United States copyright and trademark laws and international treaty provisions.  Client acknowledges that it has no rights, title, interest in, or control over the system, and related components or marks, other than as expressly granted herein, and that any use of this proprietary information without prior consent is strictly prohibited.  In addition, Client agrees not to decompile, alter, or change the SCI system, website or source code in any fashion or attempt to do so.

  • Terms of Payment Client agrees to pay a fee for each site where System is installed and used.  Multiple purchase discounts are available upon request.

  • Activation. Activation associates the use of the software/service with a specific device.  Activation is required for each device to which the software license is assigned.  During activation, the software will automatically contact Spokane Computer or its affiliated system to confirm that the license is associated with the device.  All contact will be pursuant to the Privacy Statement.

  • Default and Remedies In the event of any default or breach hereunder, including non-payment, SCI shall be entitled to pursue remedies available at law and in equity, including suit for collection of all amounts due, plus attorney’s fees and costs.

  • Limitation of Liability Client and SCI expressly acknowledge and agree that the limitations and exclusions contained herein represent the parties’ agreement as to the allocation of risk between parties.

SCI specifically does not warrant that the System or any component thereof, including any component provided, maintained, or managed by third party providers will (i) perform without interruption or error, or that irregularities, errors, problems, or defects will be corrected; or (ii) meet Client’s requirements; or (iii) be accessible from the configuration which selects even if utilizing a configuration recommended by SCI.Usage and performance of SCI is provided “AS IS”.

SCI hereby expressly disclaims any and all warranties, whether express or implied, and makes no warranties of any kind with respect to access.The information, or the services provided, including by not limited to warranties of merchantability and fitness for a particular purpose, warrantees arising from course of dealing or course of performance and warranties that the System complies with any federal, state or local law or regulation, whether or not specifically recited herein.In no event shall SCI be liable for any damages for loss of business, profits, business interruptions, loss of business information, or other pecuniary losses, arising out of the use of inability to use the System, even if SCI has been advised of the possibility of such damages.

 

If Client has any basis for recovering damages (including breach of these Terms), you agree that your exclusive remedy is to recover an amount equal to your software purchase price or service fee for the year during which the loss occurred.You can’t recover any other damages or losses, including direct, consequential, lost profits, special, indirect, incidental, or punitive.These limitations and exclusions apply even if this remedy doesn’t fully compensate you for any losses or fails of its essential purpose or if SCI knew or should have known about the possibility of damages.To the maximum extent permitted by law, these limitations and exclusions apply to anything, or any claims related to these Terms, the Services, or the services/software related Services.

  • Indemnification and disclaimer of Warranties SCI agrees to indemnify and hold Client, its parents, subsidiaries, and affiliates, officers, directors, agents and employees harmless from and against any and all claims or demands, including reasonable attorney fees, arising from or out of SCI ‘s acts, omissions, or default hereunder, including breach of this agreement or the documents incorporated by reference, violation of any law, or violation of the rights of a third party.

Client agrees to indemnify and hold SCI, its parents, subsidiaries, and affiliates, officers, directors, agents, and employees harmless from and against any and all claims or demands, including reasonable attorney fees, arising from or out of Client’s acts, omissions, or default hereunder, including breach of this agreement or the documents incorporated by reference, violation of any law, or violation of the rights of a third party.

  • Confidentiality

    • Each party will hold in confidence all information concerning the business operations of the other party, including any information, trade secrets, customer lists, supplier lists, know-how or technical data or information exchanged in connection with this agreement and as required by applicable law and regulation, nonpublic personal information (“Confidential Information”)

    • Each party will use any such Confidential Information only for the purposes contemplated by this Agreement and not for any other purposes.

    • A receiving party’s obligation of confidentiality shall not apply to information which: (i) is known to such receiving party at the time of disclosure by or for the disclosing party as proven by the receiving party’s written records; or (ii) is independently received by the receiving party without obligation and confidentiality from a third party which has legal right to give such information; or (iii) is in the public domain through no fault or action of the receiving party; or (iv) is independently developed by the receiving party without reference to the disclosing party’s confidential information as proven by the receiving party’s written records; or (v) is disclosed pursuant to a court order or the lawful requirement of any duly constituted governmental agency having jurisdiction over the receiving party, provided the receiving party gives the disclosing party as much prior written notice of such order or requirement as is practical under the circumstances; or (vi) is disclosed pursuant to written approval from the disclosing party.

    • Upon request of receiving party, the disclosing party shall return or destroy all Confidential Information exchanged upon termination of this Agreement

    • The Parties acknowledge that disclosure of Confidential Information may cause significant, immediate, and irreparable harm to the other Party.  Consequently, the non-breaching Party shall have the right to seek injunctive relief against the other Party in the event of any breach of this Agreement.

    • Privacy Policy: https://www.mag-filer.com/privacypolicy

  • Relationship No partnership, agency, corporate affiliation, or employment relationship is intended and is not created hereby. Client shall pay all taxes, duties, and levies of any government entity, exclusive of taxes on SCI’s income, resulting from this Agreement

  • Dispute Resolution In the event of any dispute or controversy arising under this Agreement, the laws of the state of Washington, excluding conflict of law rules, shall apply.  The exclusive venue for resolution of any dispute or controversy hereunder shall be Spokane County, Washington.  Either party may elect to have disputes and controversies resolved under commercial rules of the American Arbitration Association.  In the event either party elects arbitration, the parties shall have the right to conduct pre-hearing discovery, and the arbitrator’s decision shall be binding and may be entered as judgement in any court of law.  The site of the arbitration shall be in Spokane County Washington.  The cost of dispute resolution, whether through litigation or arbitration, shall be borne by the non-prevailing party.

 

  • Entire Agreement.  This the entire agreement.  You understand that by using the software/services, you accept this agreement and the terms.