Terms and Conditions

This Terms and Use agreement are between SPECIAL40 (hereinafter referred as SPECIAL40), an initiative of FINSPIRE CONSULTING LLP, an LLP incorporated under LLP Act, 2008 in Kochi, Kerala, providing upskilling programs for commerce graduates, post-graduates and professionals, (hereinafter referred as 'you'). The clauses under this Terms and Use agreement (hereinafter referred as Agreement) shall govern your use of our website and other products and services. Please read these terms carefully before registering.

WHEREAS,

A. THIS AGREEMENT INCLUDES YOUR CONSENT TO ELECTRONIC COMMUNICATIONS AS PROVIDED IN SECTION 12.

B. Definitions of key terms are provided in Section 15 below.

1. YOUR USE OF THE SERVICES

1.1. YOUR LICENSED AND PERMITTED USE

SPECIAL40 grants you a non-exclusive, non-transferrable, non-sublicensable, and limited license to access and use the Services for your individual personal and/or internal business purposes under the terms, conditions, and limitations set forth in this Agreement and payment of all applicable fees. SPECIAL40 reserves any and all rights not expressly granted to you in this Agreement.

1.2. YOUR ELIGIBILITY

For availing services by use of www.special40.com, either by registration or by any other means, the person shall be a citizen of India or person holds Person of Indian Origin or Overseas Citizenship of India Cards, who are 18 years of age and above and who can enter a legally binding contract, and / are not barred by any law for the time being in force.

1.3. YOUR ACCOUNT

(A) Initial Information

You will provide us with initial personal information about you and including but not limited to your Name, Birth date, Phone number, Educational Qualification and E-mail address.

(B) Creating your account

You may be required to register and create an account with us to access certain features of the Services. You will be assigned or will select a username and password through the registration process. By creating an account, you consent to receive email correspondence from SPECIAL40 regarding your account or your use of the Services.

(C) Mode of training

The mode of services provided by SPECIAL40 shall be both offline and online. However, SPECIAL40 reserve the complete right to switch the modes in the future with due notifications provided to its registered users.

(D) Accurate information

By registering or creating an account to use the Services, you represent and warrant that your information under your account as stated in clause 2 of this Agreement is true and accurate to the best of your knowledge. You agree not to submit false information such as name, email, educational qualification or telephone number, when filling the form or registering for an account to use the Services. Any inaccurate information provided to us may result in delays or failure to attain the objectives of our engagement. SPECIAL40 shall not be held responsible for any delays or losses arising due to inaccurate data or information provided by You.

1.4. MAINTAINING THE SECURITY OF YOUR ACCOUNT

You are responsible for all use of the Services under your account.

(A)Account protection

You are responsible for setting up and keeping confidential your account, username, password, and other sensitive information. You must take security precautions with at least reasonable and prudent care. You agree that you will be solely responsible to SPECIAL40 for all activities that carried out in your Account.

(B)Unauthorized use of the Services

You will notify us immediately of any unauthorized use of the Services including use of your account, username, password, or any other security breach of which you are aware.

(a)Notification of unauthorized use

We will have no liability to you for any unauthorized access or transaction made using your account, username, or password that occurs before you have notified us of possible unauthorized use, and we have had a reasonable opportunity to act on that notice.

(b)Suspension of your account in case of Unauthorized use

If we suspect any unauthorized or fraudulent use, we may suspend or cancel your account, username, or password even without receiving notice from you.

(C)Your equipment

You are solely responsible for all device and network security for devices used to access and register the Services, including but not limited to any active firewall, anti-virus software, and anti-spyware software necessary to secure and protect any proprietary or confidential information that you provide, store, submit, send, or disclose directly or indirectly with your use of the Services.

1.5. CONDITIONS OF USE

(A) Minimum Age

You must be 18 years of age or older to use the Services. You represent you are 18 years of age or older.

(B) Payment of Applicable Fee

Your use of the Services may require you to pay a fee to SPECIAL40, and your use of certain Services may be conditioned upon paying the applicable fee for such Services. SPECIAL40 offers no subscription plans for multiple session. If SPECIAL40 processes your payments using a third-party payment processor, such payments will be governed by the third-party payment processor’s terms of use and privacy policy. By choosing the payment options you agree to pay any transactions fees and levies applicable at the payment gateway.

(C) Prohibited Use

You must not, directly, or indirectly use the Services in a way that is a Prohibited Use (as defined in Section 15.4). SPECIAL40 website is from India and by using the website you agree to comply with the prevailing laws in India.

(D) Additional Limitations

Specific limitations to each of the Services are explained further in Section 6.

1.6. YOU ARE RESPONSIBLE FOR THE ACCURACY AND COMPLETENESS OF INFORMATION

(A) Information you provide

You represent that all information you provide is true and accurate and that you have the right to provide the information to us. You will review and verify all information you provide for completeness and accuracy. SPECIAL40 maintains appropriate security and confidentiality of the information provided by you in accordance with its Privacy Policy. You grant SPECIAL40 a license to reproduce, use, store, and process any information that you provide as necessary for SPECIAL40 to provide the Services. If you provide, or we reasonably believe you have provided, information that is false, incorrect, incomplete, pornographic, or improper, we have the right to delete the information, suspend any of your accounts, and refuse all current or future use of the Services.

1.7. UNAUTHORIZED USE OF THE SERVICES

You are responsible for all use of the Services and compliance with this Agreement. You have all responsibility and liability for any breach of this Agreement by you or any user under your account.

2. INTELLECTUAL PROPERTY RIGHTS

The Services, modifications, copyrights, patents, trade secrets, trademarks, and other intellectual property rights pertaining to any aspect of the Services are our exclusive property. You acquire no ownership interest, derivative work, or component of the Products and/or Services through your use of the Services. You are not granted right, title, or interest to any trademark, service mark, logo, or trade name of SPECIAL40 under this Agreement. All intellectual property right in all contents and information presented on the website including text, design, logo and its arrangement and classification and all software compilations, underlying source code and software including but not limited to text, audio, video or graphical images, trademarks and logos appearing on the website belongings to SPECIAL40 and are protected under applicable Indian Laws.

3. COPYRIGHT OF INFORMATION ON THE WEBSITE

Ownership rights on any technical information, contained in this website is exclusive property of SPECIAL40 and nothing in this Terms and Conditions of Use shall be construed as transferring or assigning any such ownership rights to You or any other person or entity.

You may not resell, redistribute, broadcast or transfer the information or use the information in a searchable, machine-readable database unless separately and specifically authorized in writing by SPECIAL40 prior to such use. You may not rent, lease, sublicense, distribute, transfer, copy, reproduce, publicly display, publish, adapt, store or time-share SPECIAL40 or its Products/Services, any part thereof, or any of the information received or accessed therefrom to or through any other person or entity unless separately and specifically authorized in writing by SPECIAL40 prior to such use.

4. YOUR PRIVACY

4.1. OUR PRIVACY POLICY

Your use of the Services is subject to our Privacy Policy, available at Privacy Policy. This policy explains how SPECIAL40 treats your personal information, and protects your Privacy, when you use the services. You agree to the use of your data in accordance with SPECIAL40’s Privacy Policy.

4.2. CHANGES TO OUR PRIVACY NOTICE

Consistent with applicable law, we reserve the right to change the Privacy Policy at any time. If we make a material change to the Privacy Policy, we will;

(i) post a notice on our web site describing the change, or

(ii)send you electronic notification of the change.

4.3. SHARING OF INFORMATION

SPECIAL40 shall not share any of the personal information or tax information with any other person other than Authorized Person to perform its obligations under this Agreement.

5. YOUR ACCESS TO SERVICES

5.1. CANCELLATION OR MODIFICATION OF SERVICES

We reserve the right to: change the Services at any time, without notice, and for any reason; or cancel or terminate your use of the Services if you violate this Agreement. We will not be liable to you or any third party for any modification or discontinuance of Services.

For cancellation of your purchased training or for request for a refund before SPECIAL40 assign its person to commence the work on your opted course subject to providing a Notice to SPECIAL40 under Clause 14.5 to this Agreement.

5.2. TECHNICAL DIFFICULTIES

We cannot always anticipate technical or other difficulties. These difficulties may result in loss of your data, personal settings, or other interruptions to the Services. We have no responsibility for the timeliness, deletion, mis-delivery, or failure to store any user data, communications, or personal settings with the Services.

6. THE SERVICES

SPECIAL40 will undertake a series of upskilling courses and modules, offline and online, for commerce graduates, post-graduates and professionals that is expected to enable them to achieve better performance and growth in their careers.

7. LIMITED GUARANTEE

SPECIAL40 shall strive to provide accurate information and efficient training based on the information and knowledge acquired by our trainers through valid sources and in depth multi-disciplinary, professional practical expertise that he possess in the field.
SPECIAL40 shall reimburse you any penalties or interests levied on you as a result of error attributable to SPECIAL40.
The amount of the reimbursement shall be at actuals and shall not exceed the fee paid to SPECIAL40 for the respective services. Any such claims for refund shall be raised within the period of training of the particular session.

8. LIABILITY OF SPECIAL40

THE CONTENTS, INFORMATION, SOFTWARE, PRODUCTS, FEATURES AND SERVICES PUBLISHED ON THIS WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE CONTENTS HEREIN. SPECIAL40 AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS WEB SITE AT ANY TIME. THIS WEB SITE MAY BE TEMPORARILY UNAVAILABLE FROM TIME TO TIME DUE TO REQUIRED MAINTENANCE, TELECOMMUNICATIONS INTERRUPTIONS, OR OTHER DISRUPTIONS. SPECIAL40 AND/OR ITS RESPECTIVE ASSOCIATED ENTITIES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE CONTENTS, INFORMATION, SOFTWARE, PRODUCTS, FEATURES AND SERVICES CONTAINED ON THIS WEB SITE. SPECIAL40 AND/OR ITS ASSOCIATED ENTITIES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THESE CONTENTS, INFORMATION, SOFTWARE, PRODUCTS, FEATURES AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND AVAILABILITY.

SPECIAL40 SHALL NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE OR WITH THE DELAY OR INABILITY TO USE THIS WEBSITE, OR FOR ANY CONTENTS, INFORMATION, SOFTWARE, PRODUCTS, FEATURES AND SERVICES OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF SPECIAL40 OR ANY OF ITS ASSOCIATED ENTITIES HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE AND THE PRODUCTS/SERVICES IS AT YOUR SOLE RISK.

9. DISCLAIMER OF WARRANTIES

9.1. GENERAL DISCLAIMER

OTHER THAN THOSE EXPRESS WARRANTIES AND GUARANTEES SET FORTH IN THIS AGREEMENT, SPECIAL40 AND ITS AFFILIATES, MAKE NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICES.

(A)DISCLAIMER OF IMPLIED WARRANTY

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 NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE EXCLUDED FROM YOUR USE OF THE SERVICES.

(B) DISCLAIMER OF EXPRESS WARRANTY

OTHER THAN EXPRESSLY PROVIDED IN THIS AGREEMENT, SPECIAL40 AND ITS AFFILIATES DO NOT WARRANT OR PROMISE THAT THE OPERATION OF SERVICES WILL BE UNINTERRUPTED, OR THAT THE SERVICES ARE FREE FROM BUGS OR ERRORS. OTHER THAN EXPRESSLY PROVIDED IN THIS AGREEMENT, SPECIAL40 AND ITS AFFILIATES MAKE NO OTHER PROMISES ABOUT THE PERFORMANCE, ACCURACY, OR RELIABILITY OF THE SERVICES OR THEIR ABILITY TO MEET YOUR REQUIREMENTS. OTHER THAN EXPRESSLY PROVIDED IN THIS AGREEMENT, SPECIAL40 DOES NOT WARRANT ANY PARTICULAR RESULTS THAT YOU MAY OBTAIN IN USING THE SERVICES.

9.2. THE SERVICES ARE NOT EXPERT LEGAL/TECHNICAL ADVICE

YOU ACKNOWLEDGE THAT SPECIAL40 AND ITS AFFILIATES DO NOT PRACTICE LAW OR PROVIDE LEGAL ADVICE TO YOU. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES ARE NOT SUBSTITUTES FOR THE ADVICE OF AN ADVOCATE. THE TRAINING SERVICES PROVIDED BY SPECIAL40 IS FOR IMPARTING KNOWLEDGE. NO ACCOLADES PROVIDED BY SPECIAL40 SHALL ENSURE ANY AUTHORITY ON THE SUBJECT.

10. ANTI SPAM POLICY

For minimising the spam emails, SPECIAL40 ensures to take all reasonable measures to reduce the impact of spam emails. All emails received by SPECIAL40 are subject to spam check and if an email identified as spam will be rejected with sufficient information to the sender for taking necessary action. SPECIAL40 reserves the right to reject and/or report any suspicious spam emails, to the authorities concerned, for necessary action, from time to time.

11. FORCE MAJEURE

Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprisings, earthquakes, pandemic situation, floods or any other natural or manmade eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.

12. THIRD PARTY WEBSITES

SPECIAL40 Website may have certain links, which lead to resources located on servers maintained by third parties over whom SPECIAL40 has no control. SPECIAL40 is not responsible for the contents or omissions of any linked site or any links contained in a linked site. Any transactions relating to services not directly offered by SPECIAL40 are to be settled inter-se between the parties and all warranties express or implied of any kind, regarding any matter pertaining thereto, including without limitation the implied warranties of merchantability, fitness for a particular purpose, and non-infringement are disclaimed by this Website.

13. LIMITATIONS OF LIABILITY AND DAMAGES

13.1. EXCLUSIVE REMEDY

EXCEPT AS EXPRESSLY PERMITTED BY SECTION 7, YOUR EXCLUSIVE REMEDY AND THE ENTIRE LIABILITY OF SPECIAL40 AND ITS AFFILIATES WITH RESPECT TO YOUR USE OF THE SERVICES WILL BE LIMITED TO THE AMOUNT PAID BY YOU TO SPECIAL40 FOR THE SERVICES. IN NO EVENT WILL SPECIAL40 AND ITS AFFILIATES BE LIABLE TO YOU, REGARDLESS OF THE FORM OF ACTION, INCLUDING NEGLIGENCE, OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOST DATA, LOST PROFITS OR BUSINESS, LOSS OF GOODWILL OR BUSINESS REPUTATION, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR OTHER INTANGIBLES, LOSS OF USE, OR FOR ANY CLAIM OR DEMAND AGAINST YOU BY ANY OTHER PARTY, EVEN IF SPECIAL40 OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

13.2. NO ADDITIONAL LIABILITY

You agree that SPECIAL40 and its Affiliates 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 Services; (4) connection or toll charges for using the Services or obtaining updates for the Services; or (5) any fees, costs or expenses arising out of troubleshooting or technical support for the Services.

13.3. ESSENTIAL PURPOSE OF THIS AGREEMENT

You agree that the essential purposes of this Agreement may be fulfilled even with these limitations on liabilities. You acknowledge that SPECIAL40 would not be able to offer the Services on an economical basis without these limitations.

13.4. OUR EMPLOYEES

ou agree that, having regard to our interest in limiting the personal liability and exposure to litigation of employees, you will not bring any claim in respect of any damage against any of our employees personally.

14. INDEMNIFIACTION

You agree to indemnify and hold harmless SPECIAL40 and its Affiliates, Parents, Subsidiaries, other Partners and their respective current and former successors, assigns, officers, directors, representatives, employees, and agents from and against any and all claims, suits, settlements, losses, liabilities, penalties, damages (including incidental and consequential damages), costs, and expenses resulting from or arising out of your breach or violation of this Agreement or arising out of your use of SPECIAL40 website including your use of the website which provides a link to another website or arising out of any uploading of any content or data by You.

15. ARBITRATION OF DISPUTES

Any controversy or claim arising out of or relating to this contract, or the breach of this contract, shall be settled by sole arbitrator appointed by SPECIAL40 in accordance with the Arbitration and Conciliation Act, 1996. The terms of the agreement are exclusively based and subject to Indian Laws. You hereby consent to the exclusive jurisdiction and venue of courts in Cochin, Kerala, India in all disputes arising out of or relating to the use of this website or services.

16. CONSENT OF ELECTRONIC COMMUNICATION

16.1. CONSENT

This consent to electronic communications your consent to electronic delivery of any Communications relating to your use of the Services or your relationship with us.

16.2. SCOPE OF CONSENT

You agree that any Communication we provide you may be in electronic form, and that all Communications in electronic format from us to you will be considered “in writing.” Your consent to receive Communications electronically applies to all Communications relating to your use of the Products and Services or your relationship with us. You also agree that SPECIAL40 does not need to provide you with an additional paper (non-electronic) copy of the Communications unless specifically requested as described below. You should print or download for your records a copy of this Agreement and any other Communication that is important to you. This consent does not require us to deliver Communications electronically, and we may provide paper copies of Communications at our discretion.

16.3. METHOD OF DELIVERY

We may provide electronic Communications to you in at least one of the following methods:

(i) via e-mail at the e-mail address You designated to us; or

(ii) via SMS at the mobile number You designated to us; or

(iii) via messaging platforms as opted by You provided SPECIAL40 has the access and approval to use such platforms in India

(iv) by access to a designated area of our website; or

(v) during your use of the Products and Services including, without limitation, via a screen or page within the Products and Services or via a link from within the Products and Services to a web page containing the Communications.

16 .4. HARDWARE AND SOFTWARE REQUIREMENTS

(A) To access Communications, you must have the following:

(i) a Current Version (defined below) of Internet Explorer, Chrome, Safari, or Firefox;

(ii) an internet connection;

(iii) an email account and related software for accessing the email account;

(iv) a Current Version of a program that accurately reads and displays PDF, MS Word, MS Excel files; and

(v) a device with an operating system capable of supporting all the above. You will need a printer if you wish to print and retain paper records or electronic storage if you wish to retain records in electronic form.

(B) "Current Version" means a version of the software that is currently being supported by its publisher.

16.5. WITHDRAWING CONSENT AND UPDATING INFORMATION

(A) Withdraw consent or update information

If you want to withdraw your consent to receive Communications electronically or your e-mail address changes, you must notify SPECIAL40 in writing at the following address: SPECIAL40, Second Floor, Imperial Amity, NH Bypass, Chalikkavattom, Vytilla, Kochi, Kerala, India - 682019. Please provide e-mail address to request the change. If you fail to notify SPECIAL40 of a change in e-mail address, any communications sent via e-mail will be deemed to have been provided or made available to you in electronic form.

17. TERMINATION

17.1. TERMINATION OF THIS AGREEMENT

Without prejudice to any other rights, SPECIAL40 may immediately terminate this Agreement if you fail to comply with these terms and conditions. Upon termination of this agreement, you must immediately stop use and access to the Services. All provisions of this Agreement that are intended to survive or that must survive in order to give effect to its meaning (including, but not limited to, the provisions of Sections 3, 8, 9, 10, 11, and 14) will survive the termination or expiration of this Agreement.

18. MISCELLANEOUS PROVISIONS

18.1. 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. A representation or statement of any kind made by any representative of SPECIAL40 and not included in this Agreement, is not binding on SPECIAL40.

18.2. AMENDMENTS

We have the sole discretion to change the terms of this Agreement or make changes related to any aspect of the Services. If this occurs, we will provide notice to you via any means we consider reasonable including, without limitation, email, posting on our website, or updates to the Services. After we provide notice continued use of the Services constitutes your acceptance of the changes and the Agreement (as amended).

18.3. WAIVER

No waiver of any provision or condition herein is valid unless in writing and signed by you and an authorized representative of us. Our failure to insist on or enforce strict performance of any provision of this Agreement or any right is not to be construed as a waiver of any provision or right.

18.4. SEVERABILITY

Except as provided in Section 11, any provision of this Agreement determined to be illegal or unenforceable is automatically reformed and construed to be valid, operative, and enforceable to the maximum extent permitted by law while preserving its original intent. The invalidity of any part of this Agreement will not render invalid the remainder of this Agreement.

18.5. NOTICES

Except as otherwise indicated, any notices under this Agreement to us must be personally delivered or sent by certified or registered mail, return receipt requested, or by post, to SPECIAL40, Second Floor, Imperial Amity, NH Bypass, Chalikkavattom, Vyttila, Kochi, Kerala, India – 682019 or sending an e-mail atinfo@special40.com to such other address as SPECIAL40 specifies in writing. Notices will be effective upon receipt that may be shown by confirmation of delivery.

18.6. SPECIAL40 AND SPECIAL40 AFFILIATES

All references in this Agreement to SPECIAL40 and SPECIAL40 Affiliates, where the context permits, includes SPECIAL40’s and SPECIAL40 Affiliates’ respective directors, officers, employees, contractors, and agents.

18.7. AGREEMENT HEADINGS

The headings contained herein are for the convenience of the parties only and are not used to interpret or construe any of the terms of this Agreement.

18.8. TAXATION

The taxability of the Products and Services will be determined and governed by the purchase agreement or invoice for the specific Products and Services used or paid for.

19. DEFINITIONS

19.1. "Authorized Persons" means (i) Authorized Employees; and (ii) Service Provider’s [contractors,] [agents,][outsourcers] [and] [auditors] of SPECIAL40 who have a need to know or otherwise access Personal Information to enable Service Provider to perform its obligations under this Agreement, and who are bound in writing by confidentiality obligations sufficient to protect Personal Information in accordance with the terms and conditions of this Agreement.

19.2. "Communications" means all notices, disclosures (including those required by law), agreements, fee schedules, tax returns, records, documents, or other information we provide to you or that you sign or agree to relating to your use of the Services or your relationship with us.

19.3. "SPECIAL40 Affiliates" includes any entities that directly or indirectly control, are controlled by, or are under common control with SPECIAL40 Private Limited.

19.4. "SPECIAL40 Parties” includes SPECIAL40, as well as any of their direct or indirect parents, subsidiaries, and SPECIAL40 Affiliates, as well as predecessors, successors, officers, directors, agents, employees, and franchisees of any of them.

19.5. "Prohibited Use" includes any of the following activities when using the Services:

(i) re-distribute, sell, rent, loan, or otherwise transfer the Services or any rights or benefits in the Products and Services to any other person or entity;

(ii) share your username or password with any third party;

(iii) use the Services in any unintended manner;

(iv) use the Services for the benefit of any third parties;

(v) make the Services available on a file-sharing service, application service provider, outsourcing basis, or service bureau basis;

(vi) use the Services to provide services for third parties, including but not limited to tax-related advice or consulting services, and preparation of any documents using the Services for a third party;

(vii) duplicate the Services by any means;

(viii) remove any proprietary notice, labels, or marks on the Services, documentation, advice related to the Services, or any work product generated from your use of the Services;

(ix) derive or attempt to derive the presentation of the Services;

(x) disable or circumvent any access control or related device, process, or procedure established with respect to the Services;

(xi) disassemble, modify, or reverse engineer the Services;

(xii) seek to derive the source code from any executable object code provided to you;

(xiii) modify, translate, or otherwise create derivative works based on any part of the Products and Services;

(xiv) use the Services in any unlawful manner or in any other manner that could damage, disable, overburden, or impair the Services;

(xv) upload, post, transmit, share, store, or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically, or otherwise objectionable;

(xvi) upload, post, transmit, share, or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail" , "spam", "chain letters", "pyramid schemes" or any other form of solicitation;

(xvii) upload, post, transmit, share, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; and

(xviii) upload, post, transmit, share, store, or otherwise make available content that would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law.

19.6. "Relative" means the spouse, children, father, mother, father-in-law, mother-in-law, son-in-Law and daughter-in-law of the Account Holder.

19.7. "Services" means the Services listed and described in Section 6, and any other SPECIAL40 product or service that you select, pay for, or use.