The “Company” consists of National Tax Experts, Inc. all related companies, its parents, subsidiaries, publisher sites, respective directors, officers, shareholders, employees, affiliates, assigns, consultants and agents.
The “Website” consists of National Tax Experts, all websites owned and operated by National Tax Experts and its subsidiaries, related companies, publishers, affiliates, assigns, and agents.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE WEBSITE. YOUR ACCESS AND/OR USE OF THE WEBSITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS. IF YOU DO NOT FULLY ACCEPT THESE TERMS, DO NOT USE OR ACCESS THE WEBSITE.
Notice Regarding Dispute Resolution: These Terms contain provisions that govern how claims you and the Company may have against each other are resolved (see the Section on “Arbitration” below), including a class action waiver and an obligation to arbitrate disputes, which will, subject to limited exceptions, require you to submit claims you have against us to binding arbitration, unless you opt-out in accordance with the Section on “Arbitration,” below.
The Website is comprised of various Web pages owned and operated by National Tax Services and its subsidiaries (together, “Company”).
The Website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Website constitutes your agreement to all such terms, conditions, and notices.
Conditions of Use
THESE TERMS AND CONDITIONS OF USE APPLY TO ALL MATERIALS, ONLINE COMMUNICATIONS AND OTHER INFORMATION AND MATERIALS THAT ARE OR BECOME AVAILABLE ON OR THROUGH THE WEBSITE (COLLECTIVELY, THE “MATERIAL”). PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING THE WEBSITE YOU SPECIFICALLY ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS OF USE AND YOU SPECIFICALLY AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO EACH OF THE PROVISIONS CONTAINED HEREIN. THESE TERMS AND CONDITIONS MAY BE REVISED AT ANY TIME BY UPDATING THIS POSTING. YOU ARE BOUND BY ANY SUCH REVISIONS AND SHOULD THEREFORE PERIODICALLY VISIT THIS PAGE TO REVIEW THE THEN CURRENT TERMS AND CONDITIONS TO WHICH YOU ARE BOUND.
THESE TERMS AND CONDITIONS OF USE FORM A LEGALLY BINDING AGREEMENT. IF YOU DO NOT AGREE TO ANY OR ALL OF THE PROVISIONS FOUND IN THESE TERMS AND CONDITIONS OF USE, PLEASE IMMEDIATELY EXIT THE WEBSITE. WE RESERVE THE RIGHT TO TERMINATE YOUR USE OF OR ACCESS TO THE WEBSITE OR YOUR ACCOUNT AT ANY TIME FOR ANY REASON, INCLUDING, WITHOUT LIMITATION, IF WE LEARN THAT YOU HAVE VIOLATED THESE TERMS AND CONDITIONS OF USE.
Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE MATERIAL PROVIDED ON THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, NONINFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE WEBSITE, ANY USE OF THE WEBSITE AND ANY WEBSITE TO WHICH THE WEBSITE IS LINKED. COMPANY DOES NOT WARRANT THAT THE MATERIAL ON THE WEBSITE IS COMPLETE OR ACCURATE, THAT USE OF THIS WEBSITE WILL BE UNINTERRUPTED OR
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SERVICES OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL.
A “DISABLING DEVICE” IS DEFINED AS ANY SOFTWARE, DOCUMENT, MESSAGE OR OTHER MATERIAL WHICH CONTAINS A COMPUTER VIRUS, WORM, TROJAN HORSE, TIME-BOMB OR OTHER HARMFUL DEVICE WHICH MAY ERASE, SCRAMBLE, LOCK OR DISABLE COMPUTER SOFTWARE OR EQUIPMENT OR MAY PREVENT USERS FROM USING A WEBSITE OR ANY OTHER ITEM OF HARDWARE OR SOFTWARE.
Limitations on Authority
WHILE COMPANY USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON THE WEBSITE, ERRORS OR OMISSIONS SOMETIMES OCCUR.
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL COMPANY, OR ITS OFFICERS, EMPLOYEES, DIRECTORS, MANAGERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM THE USE OR INABILITY TO USE THIS WEBSITE, OR THE MATERIAL, INCLUDING WITHOUT LIMITATION, USE OF OR RELIANCE ON THE MATERIAL, INTERRUPTIONS, ERRORS, DEFECTS, MISTAKES, OMISSIONS, DELETION OF FILES, DISABLING DEVICES, DELAYS IN OPERATION OR TRANSMISSION, NONDELIVERY OF INFORMATION, DISCLOSURE OF COMMUNICATIONS, OR ANY OTHER FAILURE OF PERFORMANCE, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE WEBSITE.
YOU (AND NOT COMPANY OR ITS PARENTS OR AFFILIATES) SOLELY ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION RELATED TO ANY DAMAGE, HARM, INJURY OR MALFUNCTION ASSOCIATED WITH YOUR USE OF THE WEBSITE AND/OR ITS CONTENTS.
Initial Dispute Resolution. The Company is available by email at email@example.com to address any concerns you may have regarding your use of the Website. Most concerns may be quickly resolved in this manner. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations, which shall be a precondition to either party initiating a lawsuit or arbitration. Any matter and/or dispute relating in any way to your visit to or interaction with the Website, including compliance with these Terms, which is not so resolved shall be submitted to binding confidential arbitration as provided in the Section entitled Arbitration below.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
If the parties don’t reach an agreed upon solution pursuant to the Initial Dispute-Resolution contemplated in the Section above, you and the Company each agree that any dispute, claim or controversy arising out of or relating to our products or services or the Website (including, without limitation, National Tax Experts, the products or services offered through the Website, any mobile/tablet sites or social media presence, and any related company), or these Terms or the breach, enforcement, interpretation or validity thereof, shall be determined by binding arbitration before one arbitrator. The arbitration shall be administered by JAMS pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. By agreeing to arbitration, the parties understand and agree that they are waiving their rights to maintain other available resolution processes, such as a court action or administrative proceeding, to settle their disputes. Notwithstanding our right to modify these Terms, the Company agrees that we may not modify these arbitration provisions without notice to you and your agreement to such changes. Further, any such modification to the dispute and/or arbitration requirements shall not apply to claims arising prior to the date of such modification and any such changes shall not affect your prior election to opt out of arbitration as provided below. In connection with these arbitration provisions, the parties agree as follows:
This arbitration agreement is reciprocally binding on all parties such that both you and the Company are required to arbitrate claims;
Remedies that would otherwise be available to the parties under applicable federal, state or local laws, including the recovery of attorney’s fees, remain available under this arbitration clause;
The arbitrator must be neutral and the parties will each have a reasonable opportunity to participate in the process of choosing the arbitrator;
You have a right to an in-person hearing in your hometown area within the United States;
You have the right to the use of counsel of your choosing at your own expense if you so elect, and to recover attorneys’ fees and expenses of arbitration to the extent provided by law;
The parties are permitted the discovery or exchange of non-privileged information relevant to the dispute in accordance with JAMS procedures; and
The arbitrator’s award will consist of a written statement stating the disposition of each claim. The award will also provide a concise written statement of the essential findings and conclusions on which the award is based.
Arbitration Filing Fees. If you initiate the arbitration, to the extent the filing fee for the arbitration exceeds the lesser of $250 or the cost of filing a lawsuit, the Company will pay the additional cost. A request for payment of any such fees should be submitted to JAMS along with your form for initiating the arbitration, and we will make arrangements to pay all necessary fees directly to JAMS. All other costs of the arbitration will be split among the parties including any remaining JAMS Case Management Fee and all professional fees for the arbitrator’s services. You will be responsible for your own attorney fees and expenses unless the arbitration rules or applicable law permit you to recover your attorney’s fees.
Waiver of Certain Rights from Court.
The parties understand
Class Action Waiver.
The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis.
Exception – Small Claims Court Claims.
Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction. Any appeal of the decision in such small claims court shall be subject to these arbitration provisions.
30-Day Right to Opt-Out.
You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in this Section by sending written notice of your decision to opt-out to the following address via certified mail
YOU AGREE THAT BY ENTERING INTO THESE TERMS, IN
Third Party Content
Links to Third Party Sites
The Website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Company and Company is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site.
No Unlawful or Prohibited Use
As a condition of your use of the Website, you warrant to Company that you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of it. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.
Legal Jurisdictions Only
The services described on the Website are only for persons in those states and jurisdictions where such services may legally be sold. Those who choose to access this website do so at their own initiative and are responsible for compliance with local laws. Some services may not be available in all jurisdictions and nothing on the Website shall be considered a solicitation to buy or an offer to sell any services to any person in any jurisdiction where such offer, solicitation, purchase or sale would be unlawful.
Access to Password Protected or Secure Areas
Access to and use of password protected or secure areas of the Website are restricted to authorized persons only. Anyone accessing or who attempts to access such areas without authorization may be subject to prosecution.
Ownership of Information
If you send us any creative materials, such as comments, suggestions, ideas, concepts, drawings, pictures, or other materials (collectively, the “Submissions”), you agree that the Submissions shall be deemed, and shall remain, the property of Company. None of the Submissions shall be subject to any obligation of confidentiality on the part of Company, and Company shall not be liable for any use or disclosure of any of the Submissions. Without limitation of the foregoing, Company shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature throughout the world and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.
These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of the State of California, United States of America, without giving effect to any principles of choice of law or conflicts of law that would require the application of the laws of a jurisdiction other than the State of California.
Copyright and Trademark Notices
All Material included on the Website, except third party content as referenced above, is the property of Company and is protected by
Certain of the names, logos, and other materials displayed on the Website may constitute trademarks,
You agree to indemnify, defend and hold harmless Company, its parents, subsidiaries, affiliates, officers, directors, managers and other partners, employees, consultants and agents, from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) resulting or arising from (1) any information you (or anyone accessing
Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that Company may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable law.
You agree that Company, in its sole discretion, may terminate your access to the Website without prior notice, for any reason, including, without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions of Use. FURTHER, YOU AGREE THAT COMPANY SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE WEBSITE. The provisions of these Terms and Conditions of Use shall survive any termination of your access to the Website, Material or Software.
Violations of Terms and Conditions of Use
Company reserves the right to seek any remedy available at law or in equity for any violation of these Terms and Conditions of Use, including the right to block access from a particular Internet address to the Website, and irreparable harm will be presumed by any violation of these Terms and Conditions of Use.