Silvermine Group LLC Terms of Use Agreement

By using any Silvermine Group, LLC websites or services, you are becoming a party to this agreement (the “Agreement”) and are consenting to its terms and conditions. If you do not agree with all of the terms and conditions of this Agreement, do not use the website and services. If you have any questions about these terms and conditions, please contact: Silvermine Group, LLC at support@silverminegroup.com.

This Agreement sets forth the terms and conditions of your use of Silvermine Group, LLC (“Silvermine Group”) and its https://www.eform2290.com/ and https://www.emcs150.com/ websites and related services (collectively, the “Software”).

Please read this Agreement carefully. They cover important information about Services provided to you and any charges, taxes, and fees we bill you. This Agreement includes information about future changes to this Agreement, limitations of liability, a class action waiver and resolution of disputes by arbitration instead of in court. PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SOFTWARE IN ANY MANNER.

ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION AGREEMENT SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

Will these Terms ever change?

We are constantly trying to improve our Software, so this Agreement may need to change along with our Software. We reserve the right to change this Agreement at any time, but if we do, we will place a notice on our sites located at https://www.eform2290.com/ and https://www.emcs150.com/, send you an email, and/or notify you by some other means.

If you don’t agree with this Agreement, you are free to reject it; unfortunately, that means you will no longer be able to use the Software. If you use the Software in any way after a change to this Agreement is effective, that means you agree to all of the changes.

Except for changes by us as described here, no other amendment or modification of this Agreement will be effective unless in writing and signed by both you and us.

License

Silvermine Group hereby grants to you, and you hereby accept, subject to the terms and conditions set forth herein, a temporary, non-exclusive, non-transferable license, without the right to sublicense, to use the computer-executable object code of the Software solely as needed to use the Software for your own personal use.

Restrictions on Copying and Modification

You represent, warrant, and agree that you will not provide or contribute anything, including any content you submit to the Software, or otherwise use or interact with the Software, in a manner that:

(a) infringes or violates the intellectual property rights or any other rights of anyone else (including Silvermine Group);
(b) violates any law or regulation, including, without limitation, any applicable export control laws, privacy laws, or any other purpose not reasonably intended by Silvermine Group;
(c) is dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
(d) jeopardizes the security of your Silvermine Group User ID, account, or anyone else’s (such as allowing someone else to log in to the Software as you);
(e) attempts, in any manner, to obtain the password, account, or other security information from any other user;
(f) violates the security of any computer network, or cracks any passwords or security encryption codes;
(g) runs Maillist, Listserv, any form of auto-responder or “spam” on the Software, or any processes that run or are activated while you are not logged into the Software, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Software’s infrastructure);
(h) “crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Software or any content made available by or accessible through the Software (through use of manual or automated means);
(i) copies or stores any significant portion of any content made available by or accessible through the Software; or
(j) decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Software.

A violation of any of the foregoing is grounds for termination of your right to use or access the Software.

Ownership

You may not rent, sell, transfer, lend, redistribute or sublicense the Software to any other person or entity. You may not remove or alter any copyright or other proprietary notice contained in the Software. Title to, and ownership of, and all proprietary rights in, the Software and each copy thereof shall remain at all times with Silvermine Group or its third-party licensors.

Consent to Use of Data

You agree that Silvermine Group may collect and use information that is provided by you when you use the Software to facilitate the provision of updates, product support, and other services to you (if any) related to the Software. Your use of the Software is subject to Silvermine Group’s Privacy Policy located at www.silverminegroup.com/privacy, which is expressly made a part of this Agreement.

Term

Your license shall become effective when you first use a Silvermine Group website or service, including www.eform2290.com or www.emcs150.com. You may terminate your license at any time by ceasing to use Silvermine Group websites and services. Silvermine Group or its licensed third party distributor or licensor of the Software may terminate your license to use the Software at any time in the event that you fail to comply with any of the terms and conditions set forth in this Agreement or such third party distributor’s terms and conditions. Upon termination of your license, you shall immediately cease using the Software and you shall un-install the Software, if applicable.

Third Party Materials

The Software may display or enable access to content, data, information, applications, or materials from third parties or provide links to certain third-party websites (“Third Party Materials”). By using the Software, you acknowledge and agree that Silvermine Group is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect of such Third Party Materials. Silvermine Group does not warrant or endorse, and does not assume and will not have any liability or responsibility to you or any other person, for any Third Party Materials. Third Party Materials and links to other websites are provided solely as a convenience to you. To the extent you choose to access such Third Party Materials, you do so at your own initiative and risk, and are responsible for compliance with any applicable laws, including but not limited to applicable local laws.

Silvermine Group Software, including eform2290.com and emcs150.com, is provided solely for the use of current eform2290.com and emcs150.com customers to assist them in the collection of data, preparation of tax returns, DOT forms, and e-filing of certain taxes or DOT updates exclusively for and with eform2290.com and emcs150.com may not be used by any other persons or entity, or for any other purpose. Silvermine Group provides its customers with proprietary tools, including spreadsheets, to assist them in preparation and e-file of Heavy Highway Vehicle Use Taxes and related credits, prepare customer data for bulk upload to eform2290.com, and to e-file that information with the Internal Revenue Service. Customers are defined as those entities with a valid Employer Identification Number (EIN #) or Preparer Identification Number (PTIN #) issued by the Internal Revenue Service and registered with eform2290.com. Use of eform2290.com and its information and services for the benefit of third-party customers is expressly prohibited. Silvermine Group provides its customers with proprietary tools, including spreadsheets, to assist them in preparation and e-file of MCS-150 form, prepare customer data for bulk upload to emcs150.com, and to e-file that information with Federal Motor Carrier Safety Administration (FMCSA). Customers are defined as those entities with a valid US Department of Transportation Number (DOT #) or Personal Identification Number (US DOT PIN #) issued by the Federal Motor Carrier Safety Administration (FMCSA) and registered with emcs150.com. Use of emcs150.com and its information and services for the benefit of third-party customers is expressly prohibited.

It is the nature of tax filings that rates and forms are changed by the taxing entity from time to time. It is the responsibility of the taxpayer to cooperate with and respond promptly to any communications from Silvermine Group or eform2290.com or emcs150.com regarding such changes.

Silvermine Group does not accept ideas, concepts, or techniques for new services or products. If such information is received, it will not be considered confidential and Silvermine Group will be deemed free to use, communicate, and exploit such information in any manner it chooses.

Login Registration

By registering on eform2290.com or emcs150.com, you agree to provide accurate and current information about yourself as prompted and to maintain and promptly update your online profile information to keep it accurate and current.

To the extent you register using eform2290.com's or emcs150.com's "Getting Started" or similar registration process, your email will become your user ID and you will be asked to provide a password. A confirmation email will be sent to your email address. You are responsible for maintaining the confidentiality of the password and user ID, and you are responsible for all activities that occur under your password and User ID. You agree to (a) immediately notify eform2290.com or emcs150.com of any unauthorized use of your user ID and password, and (b) to ensure that you exit from your eform2290.com or emcs150.com session at the end of each visit.

Taxpayers, and their designee, are responsible for accuracy and timeliness of Taxpayer filing data is the responsibility of the Taxpayer.

You are responsible for the accuracy of the information you submit. In the event your data does not meet IRS or FMCSA criteria, eform2290.com or emcs150.com as applicable will make reasonable efforts to contact you so that corrections can be made by you prior to filing. Eform2290.com or emcs150.com assumes no responsibility or liability for data errors that cause late or incorrect filing penalties. In the event a filing is completed, and you discover changes or corrections need to be made, an amendment will be filed, for which there may be an additional fee.

Taxpayers, and their designee, are responsible for meeting all filing deadlines.

Changes to eform2290.com or emcs150.com

Eform2290.com or emcs150.com and its content may be changed, deleted, or updated at any time without notice.

Pre-filing of Form2290

Eform2290.com provides an opportunity to the customer to file Form2290 for the upcoming tax year in advance. If the customer opts to pre-file the Form2290 with eform2290.com platform, we ensure that the forms filed are processed with IRS once the IRS starts accepting the Form2290 for the corresponding tax year (generally July 1). We provide an opportunity to all the pre-filers to review, amend, or cancel the pre-filed Form2290 prior to IRS submission (June 30) of the corresponding year. The status of all the forms for the business can be traced under the Filings List section of the website after you login to the service. Once the form is submitted to the IRS for processing, no amendments can be made to the Form2290. In the event you cancel the pre-filed form, the refund of the service fee will be provided through wallet credits only and will be guided by the terms under the Billings & Payments section below.

Termination of Use

Silvermine Group may discontinue, suspend, or modify eform2290.com or emcs150.com at any time without notice, and may block, terminate, or suspend your and any user’s access to its websites and services, including eform2290.com or emcs150.com, at any time for any reason in its sole discretion, even if access continues to be allowed to others.

Billing & Payments

The pricing details for our services are available on www.eform2290.com/pricing or www.emcs150.com/pricing. As a general principle, we do not refund the fees collected. However, in certain special circumstances, solely at our discretion, we sometimes refund the processing fees back to the customer either as a form of credit which can be utilized for subsequent filing or refund the fees back to the original source of payment.

All the credits provided any time prior to February 8, 2024, must be utilized no later than April 7, 2025. Any credits provided after February 8, 2024, must be utilized within a period of fourteen (14) months from the date of credit. In the event that such credits are not utilized within the stipulated time as stated above, the credits shall expire, shall be removed from your account, and shall have no further value.

We use a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your account on the Services (your “Billing Account”) for use of the Paid Services. The processing of payments will be subject to the terms, conditions, and privacy policies of the Payment Processor in addition to this Agreement. Currently, we use Braintree (offered by PayPal, Inc.) to collect payments for the Services. You can access Braintree’s Services Agreement and Privacy Policy at www.braintreepayments.com/legal. We are not responsible for any error by, or other acts or omissions of, the Payment Processor. By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms, and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that the Payment Processor makes even if it has already requested or received payment.

The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer, or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.

Ownership

Silvermine Group owns all right, title, and interest in and to the websites Eform2290.com; emcs150.com and applicable content featured therein, which are protected by United States copyright, trademark, and other laws. All rights reserved. Specifically, Silvermine Group does not convey to anyone, through allowing access to eform2290.com or emcs150.com, any ownership rights in this or any other website or to any content appearing on the Software. Unauthorized persons may not copy, modify, translate, transmit, distribute, adapt, reproduce, decompile, reverse engineer, or disassemble any part of eform2290.com or emcs150.com or the content of the websites.

Third Party Charges; Indemnification

You agree to be responsible for, and to pay, any and all costs and charges incurred by you to third parties, including, without limitation, providers of telecommunications products and services, in connection with your use of the Software. You agree to indemnify and hold Silvermine Group harmless from and against any such costs and charges and from and against any losses or damages suffered by Silvermine Group as a result of your breach of any of the terms and conditions of this Agreement.

Disclaimer of Warranty

Warranty Disclaimer. Silvermine Group and its licensors, suppliers, partners, parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns (Silvermine Group and all such parties together, the “Silvermine Group Parties”) make no representations or warranties concerning the Software, including without limitation regarding any Content contained in or accessed through the Software, and the Silvermine Group Parties will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Software or any claims, actions, suits, procedures, costs, expenses, damages or liabilities arising out of use of, or in any way related to your participation in, the Software. The Silvermine Group Parties make no representations or warranties regarding suggestions or recommendations of Software or products offered or purchased through or in connection with the Software. THE SOFTWARE AND CONTENT ARE PROVIDED BY SILVERMINE GROUP (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ANY OF THE SILVERMINE GROUP PARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY SUBSTITUTE GOODS, SOFTWARE OR TECHNOLOGY, (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) ONE-HUNDRED ($100) DOLLARS OR (II) THE AMOUNTS PAID AND/OR PAYABLE BY YOU TO SILVERMINE GROUP IN CONNECTION WITH THE SOFTWARE IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

Silvermine Group, eform2290.com and emcs150.com recognize that filing deadlines for tax returns or FMCSA updates exist and are the sole responsibility of the end user. A filing deadline is met when the customer’s tax return is “ACCEPTED by the IRS” or “ACCEPTED BY FMCSA” as applicable, not when the end user submits information for filing. Eform2290.com and emcs150.com will not be held responsible for penalties, fees or interest that result due to tax returns being accepted by the IRS after the filing deadline or the MCS-150 form accepted by FMCSA after the filing deadline.

Eform2290.com does not warrant nor make any representation regarding the results of your use of the tools or calculator on eform2290.com web site in terms of capability, correctness, accuracy, reliability or otherwise. No oral or written information, representation or advice given by eform2290.com or emcs150.com or an authorized representative of eform2290.com or emcs150.com or Silvermine Group shall create a warranty.

Arbitration Agreement. Please read the following ARBITRATION AGREEMENT carefully because it requires you to arbitrate certain disputes and claims with Silvermine Group and limits the manner in which you can seek relief from Silvermine Group. Both you and Silvermine Group acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of this Agreement, Silvermine Group’s officers, directors, employees and independent contractors (“Personnel”) are third-party beneficiaries of this Agreement, and that upon your acceptance of this Agreement, Personnel will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as the third-party beneficiary hereof.

(a) Arbitration Rules; Applicability of Arbitration Agreement. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement arising out of or relating to the subject matter of this Agreement directly through good-faith negotiations, which shall be a precondition to either party initiating arbitration. If such negotiations do not resolve the dispute, it shall be finally settled by binding arbitration in New Castle County, Delaware. The arbitration will proceed in the English language, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “Rules”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The arbitrator shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.

(b) Small Claims Court; Infringement. Either you or Silvermine Group may assert claims, if they qualify, in small claims court in New Castle County, Delaware or any United States county where you live or work. Furthermore, notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction, to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.

(c) Waiver of Jury Trial. YOU AND SILVERMINE GROUP WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and Silvermine Group are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Silvermine Group over whether to vacate or enforce an arbitration award, YOU AND SILVERMINE GROUP WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.

(d) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor Silvermine Group is entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in (g) below.

(e) Opt-out. You have the right to opt out of the provisions of this Section by sending written notice of your decision to opt out to the following address: 1230 Rosecrans Avenue, Suite 300, Manhattan Beach, CA 90266 postmarked within thirty (30) days of first accepting this Agreement. You must include (i) your name and residence address, (ii) the email address and/or telephone number associated with your account, and (iii) a clear statement that you want to opt out of this Agreement’ arbitration agreement.

(f) Exclusive Venue. If you send the opt-out notice in (f), and/or in any circumstances where the foregoing arbitration agreement permits either you or Silvermine Group to litigate any dispute arising out of or relating to the subject matter of this Agreement in court, then the foregoing arbitration agreement will not apply to either party, and both you and Silvermine Group agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in, respectively, New Castle County, Delaware, or the federal district in which that county falls.

(g) Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration Agreement section will be null and void. This arbitration agreement will survive the termination of your relationship with Silvermine Group.

Miscellaneous. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that the Silvermine Group may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of this Agreement are found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that this Agreement shall otherwise remain in full force and effect and enforceable. You and Silvermine Group agree that this Agreement is the complete and exclusive statement of the mutual understanding between you and Silvermine Group, and that this Agreement supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of this Agreement. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Silvermine Group, and you do not have any authority of any kind to bind Silvermine Group in any respect whatsoever.

Except as expressly set forth in the section above regarding the arbitration agreement, you and Silvermine Group agree there are no third-party beneficiaries intended under this Agreement.

Successors and Assigns

This Agreement is binding upon and inures to the benefit of the parties hereto and their respective successors and assigns, but you may not assign or otherwise transfer this Agreement or your rights and duties without the prior written consent of Silvermine Group.