User Terms and Conditions

Last updated: August 31, 2009

THESE USER TERMS AND CONDITIONS (THIS "AGREEMENT") GOVERNS YOUR USE OF THE SITE (AS DEFINED BELOW) AND THE SERVICES (AS DEFINED BELOW).  IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THE SITE.

Acceptance of Agreement.   This Agreement states the terms and conditions under which you may use the website located at www.taxanswers4u.com (the "Site"), all data, text, graphics, news, reports, code, software and other materials as well as third party content available through the Site (collectively, the "Content") and all Services available through the Site, as described in more detail below (the "Services"). Please read this Agreement carefully.  By using the Site and the Services you acknowledge that you have read, understood and agree to be legally bound by this Agreement.  
Tax Answers For You, LLC. ("TaxAnswers4U.com," or "We") reserve the right to update or modify this Agreement at any time and from time to time.  When we make changes to this Agreement, we will revise the "last updated" date at the top of this Agreement.  If there are material changes to this Agreement, we will notify you of any such modifications by posting a message on the Site.  We encourage you to periodically review this Agreement.  Your continued use of the Site after any changes or revisions to this Agreement shall indicate your agreement with the terms of this Agreement.  

The Services.   

           Description of the Site and Services; No Relationship With Users.The Site acts as an online CPA firm to allow you (“Client”) to post tax questions to certain accounting professionals (“CPA’s”) who are partners with TaxAnswers4U.com to provide answers to such questions.   We are providing these Services solely for your use and benefit and pursuant to a client relationship exclusively with you.  We disclaim any contractual or other responsibility to others based upon these Services or upon any advice we provide.  You acknowledge that no other relationship (such as partnership, agent, joint venturer, or employee) is created between you and TaxAnswers4U.com by formation of this Agreement or by your use of the Site or Services. 

          Restrictions on Use.  You must be at least eighteen (18) years of age to register for the Services.  You are only permitted to post questions related to tax; any questions or content that you post that is unrelated to these subject matters may be removed at our sole discretion.  You shall not post any question or content that is fraudulent, inaccurate, misleading, infringes on any third party rights or violates any laws, rules or regulations.  You are prohibited from (i) soliciting other users of the Site or Services to use competing sites or services, and (ii) attempting to contact a CPA outside of the Site, without our express written consent.    We may modify the Site and/or Services at any time in our sole discretion without notice to you.

          Registration.  In order to use the Services, registration is required.  During the registration process for the Services, you will select a unique sign-in name ("Sign-In Name") and a password ("Password”). Each Sign-In Name and corresponding Password can only be used by one Customer.  You are solely responsible for the confidentiality and use of your Sign-In Name and Password, as well as for any use, misuse or communications entered through the Site using one or more of them. You will promptly inform us of any need to deactivate a Password or Sign-In Name. We reserve the right to delete or change your Password or Sign-In Name at any time and for any reason.

Our Responsibilities.  We will perform the Services in accordance with the Statements on Standards for Tax Services established by the American Institute of Certified Public Accountants.  Accordingly, we will not provide an audit or attest opinion or other form of assurance, and we will not verify or audit any information provided to us.  Any spreadsheets or software tools that TaxAnswers4U.com provides to Client are for Client’s convenience and are provided as is. TaxAnswers4U.com will not be responsible for results obtained by anyone other than TaxAnswers4U.com from the use of those items.

 

Your Responsibilities.  To facilitate our work, you will need to provide information requested in a timely manner.  You are responsible for all management functions and decisions relating to this engagement, including evaluating and accepting the adequacy of the scope of the Services in addressing your needs.  You are also responsible for the results achieved from using our Site and Services, and it is your responsibility to establish and maintain internal controls.  We expect that you will provide timely, accurate and complete information and reasonable assistance, and we will perform the engagement on that basis.

Fees; Billing.  To obtain the Services, you will be responsible for providing a valid credit card number. You represent and warrant that you are an authorized user of such credit card, and you agree to pay all charges resulting from your use of the Site and the Services, including any unauthorized charges incurred prior to your notifying us of such charges. You agree that we may pass your credit card information and related personally identifiable information to our designated service provider(s) for their use in charging you for the Services. All charges are exclusive of sales or other taxes, and you are responsible for payment of any applicable state, local and city taxes. The CPA’s set the prices for the Services, and such fees are ultimately received by TaxAnswers4U.com.  Once paid, all fees are non-refundable.   

 

United States Use Only.  The Site is intended to be used only by users who are residents of the United States. Users who access the Site from outside the United States do so at their own initiative and risk and are responsible for compliance with all applicable laws.

Intellectual Property Rights.    
    
        General.  You acknowledge that the Site and various elements contained therein are protected by copyrights, trademarks, trade secrets, patents, or other proprietary rights, and that these worldwide rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. You also acknowledge that the Content is and shall remain the property of TaxAnswers4U.com or its licensors. You agree to comply with all intellectual property laws and you shall not encumber any interest in, or assert any rights to, the Content.  You may not modify, transmit, distribute, participate in the sale or transfer of, or create derivative works based on any Content, in whole or in part.  

         TaxAnswers4U.com Marks  are trademarks and service marks of TaxAnswers4U.com (the "TaxAnswers4U.com Trademarks").  Other company, product, and service names and logos used and displayed on the Site may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to TaxAnswers4U.com.  Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the TaxAnswers4U.com Trademarks displayed on the Site, without our prior written permission in each instance. All goodwill generated from the use of the TaxAnswers4U.com Trademarks will inure to our benefit. 

        Copyright Complaints.   If you believe the Site contains Content that infringes your copyright, please contact us at email: customerservice@taxanswers4u.com:

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed;
• A description of where the material that you claim is infringing is located on the Site;
• Your address, telephone number and email address;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner's behalf.

Unsolicited Information.   By submitting any unsolicited information and materials, including comments, ideas, questions, designs, and other similar communications (collectively, "Unsolicited Information") to us through the Site, you agree to be bound by the following terms and conditions. If you do not agree with these terms and conditions, you should not provide any Unsolicited Information through the Site. All Unsolicited Information will be considered non-confidential and non-proprietary. We, or any of our affiliates, may use such communication or material for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and further posting. Further, we and our affiliates are free to use any ideas, concepts, know-how, or techniques contained in any communication or material you send to the site for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products. By submitting any Unsolicited Information, you are granting us a perpetual, royalty-free and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer and sell such Unsolicited Information and to use your name and other identifying information in connection with such Unsolicited Information. 

Links to Other Web Sites.   The Site may periodically provide links to third party websites ("Third-Party Sites"). This Agreement governs only the Site and not any Third Party Sites.  Our decision to link to a Third-Party Site is not an endorsement of the content or services in that linked Third Party Site. If you decide to access linked Third-Party Sites, you do so at your own risk.  You should direct any concerns regarding any Third-Party Sites to the administrator of the applicable Third-Party Site. We also prohibit the use of any links to the Site from any other websites unless establishment of such a link is approved in advance by us in writing.  You may not frame any elements of this Site with any other website.

Advertisements on this Site.   We, in our sole discretion, may post the advertisements of third parties on the Site. The display of advertisements on the Site is not intended as and does not in any manner constitute a recommendation, endorsement, or approval of the advertiser or its services by us. Your correspondence or any other dealings with advertisers found on the Site are solely between you and such advertiser and we are not responsible or liable for the statements or conduct of any third party, nor for any loss or damage incurred as a result of any such dealings or as the result of the presence of such advertisers on the Site. 

No Responsibility for Connectivity.  You agree that you are responsible for the means you use to access the Site and all costs associated therewith. You understand that we are not responsible for the performance of your hardware, software, the Internet, your Internet service provider and other third parties involved in connecting you to the Site.

SECURITY OF THE SITE.  ACTUAL OR ATTEMPTED UNAUTHORIZED USE OF THE SITE MAY RESULT IN CRIMINAL AND/OR CIVIL PROSECUTION. WE RESERVE THE RIGHT TO VIEW, MONITOR, AND RECORD ACTIVITY ON THE SITE WITHOUT NOTICE OR PERMISSION FROM YOU. ANY INFORMATION OBTAINED BY MONITORING, REVIEWING, OR RECORDING IS SUBJECT TO REVIEW BY LAW ENFORCEMENT ORGANIZATIONS IN CONNECTION WITH INVESTIGATION OR PROSECUTION OF POSSIBLE ILLEGAL ACTIVITY ON THE SITE.  WE WILL ALSO COMPLY WITH ALL COURT ORDERS AS WELL AS ALL LAW ENFORCEMENT AND REGULATORY INQUIRIES INVOLVING REQUESTS FOR SUCH INFORMATION.  YOU WARRANT AND REPRESENT THAT YOU SHALL NOT INTRODUCE ANY MALICIOUS CODE, COMMANDS, INSTRUCTIONS, PROGRAMS OR OTHER INTERNAL COMPONENTS (E.G., A VIRUS, WORM, TIME BOMB, TROJAN HORSE, BACK DOOR OR SIMILAR COMPONENT) WHICH MAY BE USED TO ACCESS, ALTER, DELETE, DESTROY, DAMAGE, DISABLE OR RESTRICT USE OF THE SITE, THE SERVICES OR ANY OF OUR SYSTEMS.  
 
DISCLAIMER OF WARRANTIES.  YOU ACKNOWLEDGE AND AGREE THAT THIS SITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.  TAXANSWERS4U DOES NOT WARRANT THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE SITE, ITS SERVER OR ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE SITE ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS.  YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE.

 

Termination and Dissatisfaction Resolution.  Either party may terminate the Services by giving notice to that effect.   YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR SERVICES IS TO STOP USING THE SITE AND/OR SERVICES.  If you do not like any answer for any reason, your sole remedy is to disregard the answer.  

Limitation of Liability.  Except to the extent finally determined to have resulted from our gross negligence or intentional misconduct, our liability to pay damages for any losses incurred by you as a result of breach of contract, negligence or other tort committed by us, regardless of the theory of liability asserted, is limited to no more than the total amount of annual fees paid to TaxAnswers4U.com for the particular service provided under this Agreement.  In addition, TaxAnswers4U.com will not be liable in any event for lost profits or any consequential, indirect, punitive, exemplary or special damages.  Also, TaxAnswers4U.com shall have no liability to you arising from or relating to any third party hardware, software, information or materials selected or supplied by you.

Indemnification. You agree to defend, indemnify and hold TaxAnswers4U.com harmless from and against any and all third party claims, losses, liabilities, and expenses (including attorneys' fees) arising from your use of the Site or Services or breach of any of the terms of this Agreement, except to the extent determined to have resulted from our gross negligence or other intentional misconduct relating to such Services.

 

Regulatory Matters.  Notwithstanding anything to the contrary in this Agreement, you have no obligation of confidentiality with respect to any advice to the extent they concern the tax treatment of any transaction.

 

Other Written Advice.  Based on our communicaions, it is anticipated that the written advice TaxAnswers4U.com provides during the course of this engagement will be Other Written Advice as defined by Circular 230.  Accordingly, unless otherwise prohibited or we agree to issue a Covered Opinion as defined by Circular 230, our written advice may include a disclosure stating that the advice was not intended or written to be used, and it cannot be used, for the purpose of avoiding tax penalties that may be imposed.  Our advice will contain any other disclosures required by Circular 230.

Use of Personal Data.  Your use of the Site may involve the transmission to us of certain personally-identifiable information, such as your first and last name, mailing address, email address, phone number, and fax number (collectively, "Personal Data"). Our policies with respect to the collection and use of Personal Data is governed according to our Privacy Policy, which is hereby incorporated by reference in its entirety. 

Termination.  We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Site or Services, at any time and for any reason without prior notice or liability.  We reserve the right to change, suspend, or discontinue all or any part of this Site at any time without prior notice or liability. You may terminate this Agreement at any time upon the provision of written notice to us by email to: costomerservice@taxanswers4u.com.  Your access to the Site will be terminated within [24 hours] of our receipt of your notice of termination.

Electronic Communications and Contracting. This Site may contain additional agreements and disclosures in electronic form.  By assenting to this Agreement, you agree that a printed version of this Agreement and other agreements entered into by you on the Site in electronic form shall be admissible in judicial or administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.  

Miscellaneous.  In the event that any portion of this Agreement is held to be invalid or unenforceable, then such portion shall be construed in accordance with the applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of this Agreement shall remain in full force and effect. The sections of this Agreement entitled limitation of liability, indemnification, miscellaneous shall survive the termination of this Agreement. The paragraph headings herein are provided only for reference and shall have no effect on the construction or interpretation of this Agreement. You expressly absolve and release the TaxAnswers4U.com from any claim of harm resulting from a cause beyond their control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, terrorist activities or governmental restrictions. You may not assign this Agreement. No waiver shall be effective unless in writing. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement. This Agreement and any other agreements between the parties entered into through this Site shall be governed by and construed in accordance with the laws of the State of Florida. Except for proceedings commenced by us to protect our intellectual property or confidential information which may be brought in any court of competent jurisdiction, the parties mutually agree that any and all disputes arising hereunder shall be resolved exclusively by state or federal courts located in the State of Florida. This Agreement contains the entire agreement of the parties concerning the Site and supersedes all existing agreements and all other oral, written or other communication between the parties concerning its subject matter. You shall comply with all laws, rules and regulations which are now or hereinafter promulgated by any government authority or agency which govern or apply to the operation and use of the Site.  Without limiting the generality of the foregoing, you expressly agree to comply with such restrictions and not to export or re-export any of the Content or Services to countries or persons prohibited under the export control laws of the United States. You are prohibited from any use of the Site and Services that would constitute an illegal offense, give rise to liability or otherwise violate any applicable local, state, national or international law or regulation. All rights not expressly granted herein are reserved by us.
  
Thank you for your cooperation. We hope you find the Site and the Services helpful and convenient to use! Questions or comments regarding the Site or the Services, including any reports of non-functioning links, should sent to us via email at customerservice@taxanswers4u.com.

BY SELECTING THE CHECKBOX "I ACCEPT THE TERMS & CONDITIONS" ON THE CUSTOMER REGISTRATION PAGE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THIS AGREEMENT.