Terms & Conditions
IMPORTANT – PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS BEFORE ACCESSING, USING, OR MAKING A PURHCASE OVER WWW.TAXTUTOR.COM. THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITIES AND FORM AN ESSENTIAL BASIS OF OUR AGREEMENT. YOU ARE ENCOURAGED TO PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
WWW.TAXTUTOR.COM (hereafter the “Site”) is owned and operated by Tax Tutor, LLC (“COMPANY,” “we,” or “us”). The use of the Site is governed by the terms and conditions set forth below. All information, products, services, and educational programs available through the Site are available to you, the user, only upon your acceptance of all terms and conditions stated herein. By accessing, using, registering or placing an order over the Site, you agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions in their entirety, you are not authorized to use the Site in any manner.
THIS IS A BINDING AGREEMENT. THESE TERMS AND CONDITIONS (“TERMS”) TOGETHER WITH OUR PRIVACY POLICY FORM A LEGALLY BINDING AGREEMENT (“AGREEMENT”) BETWEEN YOU AND YOUR BUSINESS (collectively “YOU”) AND THE COMPANY. THIS AGREEMENT GOVERNS YOUR ACCESS TO AND USE OF THE SITE AND THE PRODUCTS, SERVICES, AND EDUCATIONAL PROGRAMS AND INFORMATION PROVIDED BY THE COMPANY, ANY ORDER YOU PLACE THROUGH THE SITE, BY TELEPHONE, OR OTHER ACCEPTED METHOD OF PURCHASE, AND YOUR USE OR ATTEMPTED USE OF THE PRODUCTS, SERVICES, AND EDUCATIONAL PROGRAMS AND INFORMATION OFFERED BY THE COMPANY.
THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL, AND RIGHT TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES.
We reserve the right to change these Terms or to impose new conditions on use of the Site. We will post any revised Terms on the Site at www.taxtutor.com/terms. Your continued use of the Site after we post any such changes shall be deemed an acceptance of the Terms, as modified.
Additional terms may apply for specific products, services, or educational programs you purchase. Such additional terms, if any, will be provided to you at the time of your purchase.
Table of Contents:
1. Use of the Site
2. Intellectual Property Rights and License Terms
3. Our Privacy Policy and Your Personal Information
4. Information You Provide, Registration, and Passwords
5. Order Placement and Acceptance
6. Refund Policy
7. Shipping Fees
8. Services, Products, and Prices Available on the Site
9. DISCLAIMER ABOUT CONTENT PROVIDED
10. Your Responsibilities
11. Testimonials, Reviews, and Pictures/Videos
12. DISCLAIMERS OF OTHER WARRANTIES
13. LIMITATIONS OF LIABILITIES
14. DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER
15. COMPANY’s Additional Remedies
16. Interactive Features
17. Indemnification
18. Third-Party Links and Your Third-Party Transactions
19. Termination
20. DMCA Notice
21. No Waiver
22. Assignment
23. Electronic Signature
24. Changes to the Agreement
25. Force Majeure
26. Your Additional Representations and Warranties
27. Severability
28. Entire Agreement
29. Contacting Us
1. Use of the Site
The Site was created and intended for businesses operated by adults and independent professionals. By using the Site, you affirm you (i) are an adult, (ii) operate a business or are an independent professional, (iii) have the legal capacity to enter into this binding contract with us, and (iv) have read and understand this Agreement and agree to be bound by its terms.
2. Intellectual Property Rights and License Terms
Our Limited License to You. This Site, including all content and materials available on the Site, are the property of COMPANY and/or its affiliates or licensors, and are protected by intellectual property laws (copyright, trademark, etc.) and all other applicable laws. The Site is provided solely for personal noncommercial use. The use of the Site, including its content and any materials available on the Site, in any manner that infringes upon COMPANY’s rights or that has not been authorized by COMPANY is expressly prohibited. More specifically, unless explicitly authorized in these Terms or by the owner of the content or materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works from, exploit, or distribute in any manner or medium (including by email or other electronic means) any content or material from the Site. Subject to your continued adherence to and compliance with all Terms, COMPANY provides to you a revocable, limited, non-exclusive, royalty-free, non-sublicensable, non-transferrable license to use the Site. You acknowledge and agree that you do not acquire any ownership rights in any content or material protected by intellectual property laws. You also agree that you will only use COMPANY’S services and products for lawful purposes and that you shall not use such services or products, whether alone or in connection with other software, hardware, or services, for any unlawful or harmful purpose.
Your License to COMPANY. By posting or submitting any content or material (including, without limitation, comments, blog entries, Facebook postings, photos and videos) to or about us via the Site, internet groups, social media venues, or to any of our staff via email, text or otherwise, you are represent you are an adult and that you own the content and material, or are making your posting or submission with the express consent of the owner of the content and material. You hereby grant to COMPANY, and anyone authorized by COMPANY, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, sub-licensable, transferrable, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such content and material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. This grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. In connection with the exercise of such rights, you grant COMPANY, and anyone authorized by COMPANY, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate in our sole discretion.
You acknowledge that COMPANY has the sole right but not the obligation to use and display any submissions, postings or contributions of any kind and that COMPANY may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.
Limitations on Linking and Framing. You may not, without our prior written permission, link, frame or inline link any of the content of the Site, or incorporate into another website or other service any of our material, content or intellectual property. Any attempts to access or disrupt any portion of the Site through any unlawful means is expressly prohibited.
3. Our Privacy Policy and Your Personal Information
We respect your privacy including the use and protection of your non-public, personal information. Your submission of personal information through the Site is governed by our Privacy Policy. Our Privacy Policy may be viewed at www.taxtutor.com/privacypolicy. COMPANY may, in its sole and absolute discretion, modify its Privacy Policy from time-to-time. Our Privacy Policy is incorporated by reference into this Agreement.
4. Information You Provide, Registration, and Passwords
To access certain features of the Site, we may ask you to provide information including, but not limited to, your gender, year of birth, zip code and country. Other features of the Site, such as chat rooms, web logs, or bulletin boards, may require you to provide personally identifiable information such as your name, address and email address. You agree to provide true, accurate, current and complete information about yourself, and you certify that you are not impersonating any other person or entity. If we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we reserve the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). Our use of any personally identifiable information you provide to us as part of the registration process is governed by the terms of our Privacy Policy, identified and incorporated by reference in Section 3 of this Agreement.
You may be required to establish a username and password to access certain features of the Site. You are responsible for all activities (whether by you or by others) that occur under your account. As such, you are responsible for safeguarding your password and account information. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. You agree to and do hold COMPANY harmless and free from liability, for any loss or damage arising from your failure to comply with any of the foregoing obligations.
5. Order Placement and Acceptance
Payment must be received by us for any products or services ordered before your order is accepted. We may require additional information after your ordered has been placed to complete your order. Your electronic order confirmation, or any form of confirmation, does not signify our acceptance of your order. You must contact us immediately at 801-674-0260 or at team@taxtutor.com to modify or cancel your pending order. While make every reasonable effort to modify or cancel pending orders, we cannot guarantee that we will be able to amend your order in accordance with your instructions.
All items are subject to availability. We reserve the right to limit the sales of our products and services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis at our sole and exclusive discretion.
All purchases or orders of services and products are conditioned upon your continued acceptance of this Agreement.
6. Refund Policy
We do not offer refunds for any of our products or services, unless specified at the time of purchase. As such, all sales are final and non-refundable. We strive to provide products of the highest quality. If you receive a defective product, us immediately at 801-674-0260 or at team@taxtutor.com to have a replacement product sent.
7. Shipping Fees
We reserve the right to add applicable shipping and handling fees to all orders. We use commercially reasonable efforts to fulfill orders within a reasonable time after we have accepted your order. You are responsible for providing an accurate shipping address and phone number. Failure to provide complete and accurate information will result in your order being delayed. All delivery or shipment timeframes or dates provided at the time your order is submitted are good-faith estimates and are subject to change. We will contact you at the e-mail address you provided when placing your order to notify you of any delay in processing your order. If we are unable to contact you or you would like to cancel your order, we will cancel the order and refund the full amount charged. We shall not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery caused by any third-party carrier or other delivery service not owned or controlled by us. The risk of loss and title for such items pass to you upon our delivery to any third-party carrier.
8. Services, Products, and Prices Available on the Site
We take reasonable steps in an effort to insure that the prices set forth on the Site are correct. If the correct price of our service or product is higher than its stated price, we will, at our discretion, either contact you for instructions before beginning fulfillment or cancel your order and notify you of such cancellation.
COMPANY reserves the right, without notice, to discontinue services or products, or modify specifications and prices on products and services without incurring any obligation to you. Except as otherwise expressly provided for in these Terms, any price changes to your purchase of services or products will take effect following email notice to you.
9. Disclaimer About Content Provided
COMPANY AND THE SITE EXIST FOR EDUCATIONAL PURPOSES ONLY, AND THE MATERIALS AND INFORMATION CONTAINED HEREIN ARE FOR GENERAL INFORMATIONAL PURPOSES ONLY. NEITHER COMPANY NOR ITS OWNERS, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS OR AGENTS ARE FINANCIAL ADVISORS, AND NOTHING CONTAINED ON THE SITE IS INTENDED TO BE OR TO BE CONSTRUED AS FINANCIAL ADVICE.
The information contained on the Site and in any service, product, or program is based on sources and information reasonably believed to be accurate as of the time it was recorded or created. However, the information and content involves topics that are constantly changing, including changes caused by technology, market forces, legislation, as well as legal and related compliance issues. As such, the completeness and current accuracy of the information and content cannot be and is not guaranteed. The information and content do not constitute legal, compliance, financial, tax, accounting, or related advice. You are encouraged at all times to seek and consult your own advisors (legal, financial, tax, etc.) with respect to any products and information on the Site.
10. Your Responsibilities
You agree that you will only use COMPANY’S services and products for lawful purposes and that you shall not use such services or products, whether alone or in connection with other software, hardware, or services, for any unlawful or harmful purpose. You are solely and exclusively responsible for complying with any and all applicable laws and regulations in running your business, including, but not limited to, all laws governing advertising and marketing claims, accountancy laws, employment laws, tax laws, and all additional laws applicable to your business. COMPANY shall have no liability for your violation of any laws. You agree to indemnify COMPANY as set out in Section 17 below in the event that you and/or your business violates any law and a claim is threatened or asserted against COMPANY as a result.
11. Testimonials, Reviews, and Pictures/Videos
We are pleased to hear from users and customers and welcome your comments regarding our services and products. As provided in more detail above in Section 2, COMPANY may use testimonials, reviews, or other content in whole or in part together with the name, city, and state of the person submitting it. Testimonials may be used for any form of activity relating to COMPANY’S services or products, in printed and online media, as COMPANY determines in its sole and exclusive discretion. Testimonials represent the unique experience of the participants and customers submitting the testimonial, and do not necessarily reflect the experience that you and your business may have using our services or products.
Please also note that certain testimonial videos which appear on our Site or in our services or programs were created and produced by actual COMPANY customers who were compensated for their respective testimonial.
12. Disclaimers of Other Warranties
EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW:
THE SITE AND ALL PRODUCTS, SERVICES, AND CONTENT ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO, AND EXPRESSLY DISCLAIM ANY AND ALL, REPRESENTATIONS AND WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY, AND/OR COMPLETENESS OF ANY INFORMATION ON THIS SITE. WE DO NOT REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIM THAT: (A) THE USE OF THE SITE OR ANY SOFTWARE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE, OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SITE, SOFTWARE, OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, SOFTWARE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE SITE WILL BE CORRECTED, OR (F) THE SITE OR THE SERVER(S) THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
13. Limitations of Liabilities
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES, OR ANY OF OUR MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, SERVICE PROVIDERS, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, FEES, COSTS OR CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT, THE PRIVACY POLICY, THE USE OF, OR THE INABILITY TO USE, THE SITE, THE SERVICES OR PRODUCTS, INCLUDING, BUT NOT LIMITED TO, MESSAGING FUNCTIONS, BLOGS, COMMENTS, EDUCATIONAL MATERIALS, TRAINING PROGRAMS, STRATEGIES, BOOKS, EMAILS, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE OR BY US IN ANY WAY, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES, FEES, COSTS OR CLAIMS. THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE ALLEGEDLY CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, OR OTHERWISE. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES OR ANY OF OUR MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, SERVICE PROVIDERS, OR AGENTS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER.
IF, NOTWITHSTANDING THE ABOVE LIMITATIONS OF LIABILITIES, COMPANY IS FOUND LIABLE UNDER ANY THEORY, IN NO EVENT SHALL COMPANY’S LIABILITY TO YOU OR YOUR BUSINESS EXCEED THE AMOUNT OF THREE (3) TIMES THE PAYMENTS PAID BY YOU TO COMPANY FOR THE MONTH PRECEDING THE DATE ON WHICH THE FACTS GIVING RISE TO A CLAIM AGAINST COMPANY OCCURRED OR TWO-THOUSAND DOLLARS ($2,000), WHICHEVER IS GREATER.
14. Dispute Resolution by Mandatory Binding Arbitration and Class Action Waiver
EXCEPT WHERE PROHIBITED BY LAW, YOU AGREE THAT ANY AND ALL CLAIMS AGAINST COMPANY MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. FURTHERMORE, YOU UNDERSTAND RIGHTS YOU MAY HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES), AND MUST FOLLOW THESE TERMS AS A COURT WOULD.
If you have a complaint, dispute, or controversy, you agree to first contact us at team@taxtutor.com to attempt to resolve the dispute or controversy informally. Any controversy or claim between us, including, but not limited to, a controversy or claim arising out of or related to the use of the Site, any service, product or program, these Terms, the Privacy Policy, your relationship with us, or COMPANY’S communications with you, that cannot be resolved through such informal process or through negotiation within 120 days shall be resolved by binding, confidential arbitration administered by the American Arbitration Association (“AAA”), and judgment on the award rendered may be entered in any court having jurisdiction thereof. We agree that any claim we may have against you or your business will also be subject to this arbitration provision, except as provided in Section 15 below. The arbitration will be conducted by a single neutral arbitrator in the English language in Salt Lake County, Utah, unless we both agree to conduct the arbitration by telephone or written submissions. The arbitrator shall be selected by agreement of the parties or, if the parties cannot agree, chosen in accordance with Rules of the AAA. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Arbitration Rules and Procedures, in effect at the time of submission of the demand for arbitration. The AAA’s Rules are available at www.adr.org or by calling 1-800-778-7879. The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of these Terms and Conditions, the Privacy Policy, this arbitration provision, any other terms incorporated by reference into these Terms and Conditions, and any other agreements between you and COMPANY. The arbitrator shall have the exclusive and sole authority to determine whether any dispute is arbitrable. The arbitrator shall have the exclusive and sole authority to determine whether this arbitration agreement can be enforced against a non-signatory to this agreement and whether a non-signatory to this agreement can enforce this provision against you or COMPANY.
Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s Rules. In all other respects, the parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses.
The arbitrator shall follow the substantive law of the State of Utah without regard to its conflicts of laws principles. Any award rendered shall include a confidential written opinion and shall be final, subject to appeal under the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
You and COMPANY agree that disputes will only be arbitrated on an individual basis and shall not be consolidated, on a class wide, representative basis, or with any other arbitration(s) or other proceedings that involve any claim or controversy of any other party. You and COMPANY expressly waive any right to pursue any class or other representative action against each other.
Failure or any delay in enforcing this arbitration provision in connection with any particular claim will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other claims except that all claims must be brought within 1 year after the claim arises (the 1-year period includes the 120-day informal resolution procedures described above).
This arbitration provision sets forth the terms and conditions of our agreement to final and binding confidential arbitration and is governed by and enforceable under the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended.
This provision survives termination of your account or relationship with COMPANY, bankruptcy, assignment, or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.
YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE, AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION IN ACCORDANCE WITH THIS ARBITRATION PROVISION.
15. COMPANY’s Additional Remedies
Notwithstanding anything to the contrary in this Agreement, to prevent or limit irreparable injury to COMPANY, in the event of any breach or threatened breach by you of the provisions of this Agreement or any infringement or threatened infringement by you of the intellectual property of COMPANY or a third-party, COMPANY shall be entitled to seek a temporary restraining order and preliminary and permanent injunctions or other equitable relief from a court of competent jurisdiction located in Salt Lake County, Utah restraining such breach, threatened breach, infringement, or threatened infringement. Nothing in this Agreement shall be construed as prohibiting COMPANY from pursuing in court any other remedies available to it for such breach, threatened breach, infringement, or threatened infringement, including the recovery of monetary damages from you and your business. You and your business hereby irrevocably consent to the exclusive personal jurisdiction of, and exclusive venue in, the courts of Salt Lake County, Utah for all such claims, and forever waive any challenge to said courts’ exclusive jurisdiction or venue.
16. Interactive Features
This Site may include a variety of features, such as bulletin boards, web logs, chat rooms, and email services, which allow feedback to us and real-time interaction between users, and other features which allow users to communicate with others. Responsibility for what is posted on bulletin boards, web logs, chat rooms, and other public posting areas on the Site, or sent via any email services on the Site, lies with each user
– you alone are responsible for the material you post or send. We do not control the messages, information or files that you or others may provide through the Site. It is a condition of your use of the Site that you do not, and you hereby represent and warrant that you will not:
-Restrict or inhibit any other user from using and enjoying the Site;
-Use the Site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
-Interfere with or disrupt any servers or networks used to provide the Site or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Site;
-Use the Site to instigate or encourage others to commit illegal activities or cause injury or property damage to any person;
-Gain unauthorized access to the Site, or any account, computer system, or network connected to this Site, by means such as hacking, password mining or other illicit means;
-Obtain or attempt to obtain n any materials or information through any means not intentionally made available through this Site;
-Use the Site to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law;
-Use the Site to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder;
-Use the Site to post or transmit any information, software or other material that contains a virus or other harmful component;
-Use the Site to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising;
-Use the Site to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval;
-Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Site; and
-Provide any false, inaccurate, or misleading information.
Any user failing to comply with the Terms may be expelled from and refused continued access to the Site, or any portion of it, in the future. COMPANY or its designated agents may remove or alter any user-created content at any time for any reason. Message boards, chats and other public forums are intended to serve as discussion centers for users and subscribers. Information and content posted within these public forums may be provided by COMPANY staff, COMPANY’s outside contributors, or by users not connected with COMPANY, some of whom may employ anonymous usernames. COMPANY expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, our officers, directors, members, managers, employees, contractors, service providers, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of COMPANY or any of its subsidiaries or affiliates.
COMPANY has no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public forums on the Site. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the sole right to alter, edit, refuse to post, or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors.
17. Indemnification
To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless COMPANY, its directors, officers, employees, shareholders, licensors, independent contractors, subcontractors, suppliers, affiliates, parent companies, subsidiaries, and agents from and against any and all claims, actions, loss, liabilities, damages, expenses, demands, and costs of any kind, including, but not limited to attorneys’ fees and costs of any litigation or other dispute resolution, arising out of, resulting from, or in any way connected with or related to (1) your use, misuse, or attempt to use the Site, services, or products (2) information you submit or transmit through the Site, (3) your breach of these Terms, the documents they incorporate by reference, the Agreement, or the representations and warranties provided by you in this Agreement, or (4) your violation of any law or the rights of a third-party.
18. Third-Party Links and Your Third-Party Transactions
Throughout the Site, we may provide links and pointers to Internet sites maintained by third parties. Our linking to such third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. In addition, neither we nor affiliates operate or control in any respect any information, products or services that third parties may provide on or through the Site or on websites linked to by us on the Site. COMPANY expressly disclaims any responsibility or liability for the content or functionality of any non-COMPANY website to which we provide a link.
Certain sections of the Site may also allow you to purchase many different types of products and services online that are provided by third parties. We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. If you make a purchase from a merchant on the Site or on a site linked to by the Site, the information obtained during your visit to that merchant’s online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by both the merchant and us. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies and practices. In addition, when you purchase products or services on or through the Site, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s website and click on its information links or contact the merchant directly. You agree that COMPANY is not liable in any respect for your dealings with third parties through the Site.
19. Termination
This Agreement will take effect (or shall re-take effect) at the time you click “ACTIVATE MY ACCOUNT NOW”, “SUBMIT,” “PAY NOW,” “ORDER NOW”, “BUY NOW”, “PURCHASE”, “I ACCEPT”, “I AGREE”, "I'M READY TO BUY" or similar links or buttons, otherwise submit information through the Site, respond to a request for information, begin installing, accessing, or using the Site, complete a purchase, select a method of payment, and/or enter in payment method information, whichever is earliest. If, in our sole discretion, you fail, or we suspect that you have failed, to comply with any term or provision of the Agreement, we may terminate the Agreement or suspend your access to the Website at any time without notice to you. Sections 2, 6, 9, 10, 12 through 18, and 21 through 28 of this Agreement, as well as any representations, warranties, and other obligations made or undertaken by you, shall survive the termination of this Agreement and/or your account or relationship with COMPANY.
Upon termination, you remain responsible for any outstanding payments to COMPANY.
20. DMCA Notice
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by COMPANY infringe your copyright, you, or your agent may send to COMPANY a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with the requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon COMPANY actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to COMPANY a counter-notice. All notices and counter notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. COMPANY’s Copyright Agent for notice of claims of copyright infringement or counter notices can be reached as follows: admin@crtcpa.com. Please be sure to include “DMCA Notice” or “DMCA Counter-Notice” in the subject line of your e-mail.
21. No Waiver
No failure or delay on the part of COMPANY in exercising any right, power or remedy under this Agreement may operate as a waiver, nor may any single or partial exercise of any such right, power, or remedy preclude any other or further exercise of such right, power, or remedy, or the exercise of any other rights, power, or remedy under this Agreement. A waiver of any right or obligation under this Agreement shall only be effective if in writing and signed by COMPANY.
22. Assignment
COMPANY may assign its rights under this Agreement at any time, without notice to you. Your rights arising under this Agreement cannot be assigned without COMPANY’s (or its assigns’) express written consent.
23. Electronic Signature
All information communicated on the Site is considered an electronic communication. When you communicate with COMPANY through or on the Site or via other forms of electronic media, such as e-mail, you are communicating with COMPANY electronically. You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.
24. Changes to the Agreement
You can review the most current version of the Terms at any time at https://www.taxtutor.com/terms. We reserve the right, at our sole discretion, to update, change or replace any part of the Agreement, including the Privacy Policy by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website following the posting of any changes to the Agreement constitutes acceptance of those changes.
25. Force Majeure
COMPANY will not be responsible to you for any delay, damage, or failure caused or occasioned by any act of nature or other causes beyond our reasonable control.
26. Your Additional Representations and Warranties
You hereby further represent and warrant that: (1) you have read and thoroughly understand and agree to the terms contained in this Agreement; (2) you will not re-sell, re-distribute, or export any service or product that you order from the Site; (3) COMPANY has the right to rely upon all information provided to COMPANY by you; and (4) COMPANY may contact you by email, telephone, or postal mail for any purpose, including but not limited to (i) follow-up calls, (ii) satisfaction surveys, and (iii) inquiries about any orders you placed, or considered placing, on or through the Site.
27. Severability
Except as specifically provided in Section 14 above, in the event that any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.
28. Entire Agreement
These Terms, the Privacy Policy, and any other policies or operating rules posted by us on the Site or in respect to the Site constitutes the entire agreement and understanding between you and COMPANY and governs your access to and use of the Site and your ordering, purchasing, and use and/or attempted use of any service or product, and supersedes and replaces any prior or contemporaneous agreements, representations, communications, and proposals, whether oral or written, between you and COMPANY. We may also, in the future, offer new services and/or features through the Site. Such new features and/or services shall also be subject to these Terms, the Privacy Policy, and any other policies or operating rules posted by us on the Site. Any ambiguities in the interpretation of these Terms, the Privacy Policy, or any other policies or operating rules shall not be construed against the drafting party.
29. Contacting Us
We encourage our customers to contact us with questions or comments about our products and services by sending an e-mail to team@taxtutor.com.
You may also reach us by phone at 801-674-0260 or by mail at:
Tax Tutor, LLC
11075 S State St #32B, Sandy, UT 84070
Copyright 2019 – Tax Tutor, LLC – All Rights Reserved