TERMS OF SERVICE AGREEMENT
PLEASE READ THE FOLLOWING TERMS OF USE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF 03/22/2018.
ACCEPTANCE OF TERMS
The following Terms of Service Agreement (the “TOS”) is a legally binding agreement that shall
govern
the relationship with our users and others which may interact or interface with America's Tax
Choice,
also known as TaxHelpNow.net, located at 200 New Stine Road #229, Bakersfield, California
93309, and our subsidiaries and affiliates, in association with the use of the America's Tax
Choice
website, which includes http://taxhelpnow.net/ (the “Site”) and its Services, which shall
be
defined below.
DESCRIPTION OF WEBSITE SERVICES OFFERED
The Site is services website which has the following description:
To provide fair consumer solutions for the resolution of IRS Tax situations.
Any and all visitors to our site shall be deemed as “users” of the herein contained Services
provided for the
purpose of this TOS.
The user acknowledges and agrees that the Services provided and made available through our
website and
applications, which may include some mobile applications and that those applications may be made
available on various social media networking sites and numerous other platforms and downloadable
programs, are the sole property of TaxHelpNow.net. At its discretion, TaxHelpNow.net
may
offer additional website Services and/or products, or update, modify or revise any current
content and
Services, and this Agreement shall apply to any and all additional Services and/or products and
any and all
updated, modified or revised Services unless otherwise stipulated. TaxHelpNow.net does
hereby
reserve the right to cancel and cease offering any of the aforementioned Services and/or
products. You, as
the end user , acknowledge, accept and agree that TaxHelpNow.net shall not be held liable
for any
such updates, modifications, revisions, suspensions or discontinuance of any of our Services
and/or
products. Your continued use of the Services provided, after such posting of any updates,
changes, and/or
modifications shall constitute your acceptance of such updates, changes and/or modifications,
and as such,
frequent review of this Agreement and any and all applicable terms and policies should be made
by you to
ensure you are aware of all terms and policies currently in effect. Should you not agree to the
updated,
modified, revised or modified terms, you must stop using the provided Services.
Furthermore, the user understands, acknowledges and agrees that the Services offered shall be
provided
“AS IS” and as such TaxHelpNow.net shall not assume any responsibility or obligation for
the
timeliness, missed delivery, deletion and/or any failure to store user content, communication or
personalization settings.
PRIVACY POLICY
Every member’s registration data and various other personal information are strictly protected
by the
TaxHelpNow.net Online Privacy Policy (see the full Privacy Policy at
http://taxhelpnow.net/privacy.php). As a member, you herein consent to the collection and
use
of the information provided, including the transfer of information within the United States
and/or other
countries for storage, processing or use by TaxHelpNow.net and/or our subsidiaries and
affiliates.
CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE
Due to the global nature of the internet, through the use of our network you hereby agree to
comply with all
local rules relating to online conduct and that which is considered acceptable Content.
Uploading, posting
and/or transferring of software, technology and other technical data may be subject to the
export and import
laws of the United States and possibly other countries. Through the use of our network, you thus
agree to
comply with all applicable export and import laws, statutes and regulations, including, but not
limited to,
the Export Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well
as the
sanctions control program of the United States (http://www.treasury.gov/resourcecenter/
sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you:
a) are not on the list of prohibited individuals which may be identified on any government
export
exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member
of
any other government which may be part of an export-prohibited country identified in applicable
export and import laws and regulations;
b) agree not to transfer any software, technology or any other technical data through the use of
our
network Services to any export-prohibited country;
c) agree not to use our website network Services for any military, nuclear, missile, chemical or
biological weaponry end uses that would be a violation of the U.S. export laws; and
d) agree not to post, transfer nor upload any software, technology or any other technical data
which
would be in violation of the U.S. or other applicable export and/or import laws.
CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES
TaxHelpNow.net shall not lay claim to ownership of any content submitted by any visitor or
user, or
make such content available for inclusion on our website Services. Therefore, you hereby grant
and allow
for TaxHelpNow.net the below listed worldwide, royalty-free and non-exclusive licenses, as
applicable:
a) The content submitted or made available for inclusion on the publicly accessible areas of
TaxHelpNow.net’s sites, the license provided to permit to use, distribute, reproduce,
modify, adapt,
publicly perform and/or publicly display said Content on our network Services is for the sole
purpose of providing and promoting the specific area to which this content was placed and/or
made
available for viewing. This license shall be available so long as you are a member of America's
Tax Choice’s sites, and shall terminate at such time when you elect to discontinue your
membership.
b) Photos, audio, video and/or graphics submitted or made available for inclusion on the
publicly
accessible areas of TaxHelpNow.net’s sites, the license provided to permit to use,
distribute,
reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network
Services are for the sole purpose of providing and promoting the specific area in which this
content
was placed and/or made available for viewing. This license shall be available so long as you are
a
member of TaxHelpNow.net’s sites and shall terminate at such time when you elect to
discontinue your membership.
c) For any other content submitted or made available for inclusion on the publicly accessible
areas of
TaxHelpNow.net’s sites, the continuous, binding and completely sub-licensable license
which is meant to permit to use, distribute, reproduce, modify, adapt, publish, translate,
publicly
perform and/or publicly display said content, whether in whole or in part, and the incorporation
of
any such Content into other works in any arrangement or medium current used or later
developed.
Those areas which may be deemed “publicly accessible” areas of TaxHelpNow.net’s sites are
those
such areas of our network properties which are meant to be available to the general public, and
which
would include message boards and groups that are openly available to visitors .
CONTRIBUTIONS TO COMPANY WEBSITE
TaxHelpNow.net provides an area for our users to contribute feedback to our website. When
you
submit ideas, documents, suggestions and/or proposals (“Contributions”) to our site, you
acknowledge and
agree that:
a) your Contributions do not contain any type of confidential or proprietary information;
b) TaxHelpNow.net shall not be liable or under any obligation to ensure or maintain
confidentiality, expressed or implied, related to any Contributions;
c) TaxHelpNow.net shall be entitled to make use of and/or disclose any such Contributions
in
any such manner as they may see fit;
d) the contributor’s Contributions shall automatically become the sole property of America's Tax
Choice; and
e) TaxHelpNow.net is under no obligation to either compensate or provide any form of
reimbursement in any manner or nature.
INDEMNITY
All users herein agree to insure and hold TaxHelpNow.net, our subsidiaries, affiliates,
agents,
employees, officers, partners and/or licensors blameless or not liable for any claim or demand,
which may
include, but is not limited to, reasonable attorney fees made by any third party, which may
arise from any
content a user of our site may submit, post, modify, transmit or otherwise make available
through our
Services, the use of TaxHelpNow.net Services or your connection with these Services, your
violations of the Terms of Service and/or your violation of any such rights of another person.
COMMERCIAL REUSE OF SERVICES
The user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for
any commercial
reason any part, use of, or access to TaxHelpNow.net’s sites.
MODIFICATIONS
TaxHelpNow.net shall reserve the right at any time it may deem fit, to modify, alter and
or
discontinue, whether temporarily or permanently, our service, or any part thereof, with or
without prior
notice. In addition, we shall not be held liable to you or to any third party for any such
alteration,
modification, suspension and/or discontinuance of our Services, or any part thereof.
ADVERTISERS
Any correspondence or business dealings with, or the participation in any promotions of,
advertisers located
on or through our Services, which may include the payment and/or delivery of such related goods
and/or
Services, and any such other term, condition, warranty and/or representation associated with
such dealings,
are and shall be solely between you and any such advertiser. Moreover, you herein agree that
TaxHelpNow.net shall not be held responsible or liable for any loss or damage of any
nature or manner
incurred as a direct result of any such dealings or as a result of the presence of such
advertisers on our
website.
LINKS
Either TaxHelpNow.net or any third parties may provide links to other websites and/or
resources.
Thus, you acknowledge and agree that we are not responsible for the availability of any such
external sites
or resources, and as such, we do not endorse nor are we responsible or liable for any content,
products,
advertising or any other materials, on or available from such third party sites or resources.
Furthermore, you
acknowledge and agree that TaxHelpNow.net shall not be responsible or liable, directly or
indirectly, for any such damage or loss which may be a result of, caused or allegedly to be
caused by or in
connection with the use of or the reliance on any such content, goods or Services made available
on or
through any such site or resource.
PROPRIETARY RIGHTS
You do hereby acknowledge and agree that TaxHelpNow.net’s Services and any essential
software
that may be used in connection with our Services (“Software”) shall contain proprietary and
confidential
material that is protected by applicable intellectual property rights and other laws.
Furthermore, you herein
acknowledge and agree that any Content which may be contained in any advertisements or
information
presented by and through our Services or by advertisers is protected by copyrights, trademarks,
patents or
other proprietary rights and laws. Therefore, except for that which is expressly permitted by
applicable law
or as authorized by TaxHelpNow.net or such applicable licensor, you agree not to alter,
modify,
lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any
plagiaristic works
which are based on TaxHelpNow.net Services (e.g. Content or Software), in whole or
part.
TaxHelpNow.net herein has granted you personal, non-transferable and non-exclusive rights
and/or
license to make use of the object code or our Software on a single computer, as long as you do
not, and shall
not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse
engineer,
reverse assemble or otherwise make an attempt to locate or discern any source code, sell,
assign, sublicense,
grant a security interest in and/or otherwise transfer any such right in the Software.
Furthermore, you do
herein agree not to alter or change the Software in any manner, nature or form, and as such, not
to use any
modified versions of the Software, including and without limitation, for the purpose of
obtaining
unauthorized access to our Services. Lastly, you also agree not to access or attempt to access
our Services
through any means other than through the interface which is provided by TaxHelpNow.net for
use
in accessing our Services.
WARRANTY DISCLAIMERS
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
a) THE USE OF TaxHelpNow.net SERVICES AND SOFTWARE ARE AT THE
SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN
“AS IS” AND/OR “AS AVAILABLE” BASIS. TaxHelpNow.net AND OUR
SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND
LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND
WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY
IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT.
b) TaxHelpNow.net AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES,
AGENTS, PARTNERS AND LICESNSORS MAKE NO SUCH WARRANTIES THAT
(i)
TaxHelpNow.net SERVICES OR SOFTWARE WILL MEET YOUR
REQUIREMENTS;
(ii) TaxHelpNow.net SERVICES OR SOFTWARE SHALL
BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;
(iii) THAT SUCH RESULTS
WHICH MAY BE OBTAINED FROM THE USE OF THE TaxHelpNow.net
SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE;
(iv) QUALITY OF ANY
PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE
PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL
MEET YOUR EXPECTATIONS; AND
(v) THAT ANY SUCH ERRORS CONTAINED IN THE
SOFTWARE SHALL BE CORRECTED.
c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAIN BY WAY
OF TaxHelpNow.net SERVICES OR SOFTWARE SHALL BE ACCESSED BY
YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY
RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF
ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET
ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT
COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR
MATERIAL.
d) NO ADVICE AND/OR INFORMATION, DESPITE WETHER WRITTEN OR ORAL, THAT
MAY BE OBTAINED BY YOU FROM TaxHelpNow.net OR BY WAY OF OR
FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THE TOS.
e) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF
EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR
BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE
USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY
UNKNOWN CONDITION OR NDETECTED ELILEPTIC SYMPTOM IN USERS WHO
HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU,
ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC
CONDITION, PLEASE CONSULT A PHYSICAN IF YOU EXPERIENCE ANY OF THE
FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISON,
EYE OR MUSCLE TWITCHES, LOSS OF AWARNESS, DISORIENTATION, ANY
INVOLUNTARY MOVEMENT, OR CONVULSIONS.
LIMITATION OF LIABILITY
YOU EXPLICITY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT TaxHelpNow.net AND OUR SUBISDIARIES,
AFFILIATES, OFFICERS, EMPLOYEES, AGENTS,
PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE,
INDIRECT, INCIDENTIAL, SPECIAL, CONSEQUENIAL OR EXEMPLARY DAMAGES,
INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF
ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGILBE LOSSES, EVEN
THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY
OCCUR, AND RESULT FROM:
a) THE USE OR INABILITY TO USE OUR SERVICE;
b) THE COST OF PRECURING SUBSTITUTE GOODS AND SERVICES;
c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS
AND/OR DATA;
d) STATEMENTS OR CONDUCT OF ANY SUCH THRID PARTY ON OUR SERVICE;
e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
SPECIAL ADMONITION RELATED TO FINANCIAL MATTERS
Should you intend to create or to join any service, receive or request any such news, messages,
alerts or
other information from our Services concerning companies, stock quotes, investments or
securities, please
review the above Sections Warranty Disclaimers and Limitations of Liability again. In addition,
for this
particular type of information, the phrase “Let the investor beware” is appropriate. America's
Tax Choice’s content is provided primarily for informational purposes, and no content that shall
be provided or
included in our Services is intended for trading or investing purposes. TaxHelpNow.net and
our
licensors shall not be responsible or liable for the accuracy, usefulness or availability of any
information
transmitted and/or made available by way of our Services, and shall not be responsible or liable
for any
trading and/or investment decisions based on any such information.
EXCLUSION AND LIMITATIONS
THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES OR THE LIMITATION OF EXCLUSION OF LAIBILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF
SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
THIRD PARTY BENEFICIARIES
You herein acknowledge, understand and agree, unless otherwise expressly provided in this TOS,
that there
shall be third-party beneficiaries to this agreement.
NOTICE
TaxHelpNow.net may furnish you with notices, including those with regards to any changes
to the
TOS, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on
our
website Services, or other reasonable means currently known or any which may be herein after
developed.
Any such notices may not be received if you violate any aspects of the TOS by accessing our
Services in an
unauthorized manner. Your acceptance of this TOS constitutes your agreement that you are deemed
to have
received any and all notices that would have been delivered had you accessed our Services in an
authorized
manner.
TRADEMARK INFORMATION
You herein acknowledge, understand and agree that all of the TaxHelpNow.net trademarks,
copyright, trade name, service marks, and other TaxHelpNow.net logos and any brand
features,
and/or product and service names are trademarks and as such, are and shall remain the property
of
TaxHelpNow.net. You herein agree not to display and/or use in any manner the America's Tax
Choice logo or marks.
COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE &
PROCEDURES
TaxHelpNow.net will always respect the intellectual property of others, and we ask that
all of our
users to the same. With regards to appropriate circumstances and at its sole discretion,
TaxHelpNow.net may disable and/or terminate the accounts of any user who repeatedly
violates our TOS and/or
infringes the rights of others. If you feel that your work has been duplicated in such a way
that would
constitute copyright infringement, or if you believe your intellectual property rights have been
otherwise
violated, you should provide to us the following information:
a) The electronic or the physical signature of the individual that is authorized on behalf of
the owner of
the copyright or other intellectual property interest;
b) A description of the copyrighted work or other intellectual property that you believe has
been
infringed upon;
c) A description of the location of the site which you allege has been infringing upon your
work;
d) The physical address, telephone number, and email address;
e) A statement, in which you state that the alleged and disputed use of your work is not
authorized by
the copyright owner, its agents or the law;
f) And finally, a statement, made under penalty of perjury, that the aforementioned information
in your
notice is the truth and accurate, and that you are the copyright or intellectual property owner,
representative or agent authorized to act on the copyright or intellectual property owner’s
behalf.
The TaxHelpNow.net Agent for notice of claims of copyright or other intellectual property
infringement can be contacted as follows:
Mailing Address:
TaxHelpNow.net
Attn: Copyright Agent
PO Box 147
Whittier, CA 90608
CLOSED CAPTIONING
BE IT KNOWN, that TaxHelpNow.net complies with all applicable Federal Communications
Commission rules and regulations regarding the closed captioning of video content. For more
information,
please visit our website at http://taxhelpnow.net/.
ENTIRE AGREEMENT
This TOS constitutes the entire agreement between you and TaxHelpNow.net and shall govern
the
use of our Services, superseding any prior version of this TOS between you and us with respect
to TaxHelpNow.net Services. You may also be subject to additional terms and conditions
that may apply when
you use or purchase certain other TaxHelpNow.net Services, affiliate Services, third-party
content
or third-party software.
CHOICE OF LAW AND FORUM
It is at the mutual agreement of both you and TaxHelpNow.net with regard to the TOS that
the
relationship between the parties shall be governed by the laws of the state of California
without regard to its
conflict of law provisions and that any and all claims, causes of action and/or disputes,
arising out of or
relating to the TOS, or the relationship between you and TaxHelpNow.net, shall be filed
within the
courts having jurisdiction within the County of Kern County, California or the U.S. District
Court located
in said state. You and TaxHelpNow.net agree to submit to the jurisdiction of the courts as
previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction
over the
parties by such courts and to venue in such courts.
WAIVER AND SEVERABILITY OF TERMS
At any time, should TaxHelpNow.net fail to exercise or enforce any right or provision of
the TOS,
such failure shall not constitute a waiver of such right or provision. If any provision of this
TOS is found by
a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court
should endeavor
to give effect to the parties’ intentions as reflected in the provision, and the other
provisions of the TOS
remain in full force and effect.
STATUTE OF LIMITATIONS
You acknowledge, understand and agree that regardless of any statute or law to the contrary, any
claim or
action arising out of or related to the use of our Services or the TOS must be filed within 1
year(s) after said
claim or cause of action arose or shall be forever barred.
VIOLATIONS
Please report any and all violations of this TOS to TaxHelpNow.net as follows:
Mailing Address:
TaxHelpNow.net
PO Box 10728
Wilmington, NC 28404