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These Terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute.
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- Dispute Resolution by Binding Arbitration
Please read this carefully. It affects your rights.
Most customer concerns can be resolved quickly and to the customer’s satisfaction by contacting our Customer Care Center. In the unlikely event that the US Tax Customer Care Center is unable to resolve your complaint to your satisfaction, (or if US Tax has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or in small claims court rather than in a court of general jurisdiction. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for a more limited discovery than a court does, and is subject to very limited review by courts. Any arbitration under these Terms will take place on an individual basis, class arbitrations and class actions are not permitted. While in some instances, upfront costs to file an arbitration claim may exceed similar costs to bring a case in court, for any non-frivolous claim that does not exceed $75,000m US Tax will pay all costs of the arbitration. Moreover, in arbitration you may recover attorney’s fee from US Tax to the same extent or more as you would in court. The arbitrator shall apply the same limitations period that would apply in court.
Under certain circumstances, (as explained below), US Tax will pay you more that the amount of the arbitrator’s award and will pay your attorney (if any) his/her reasonable attorney’s fee if the arbitrator awards you an amount greater than what US Tax offered you to settle the dispute.
You may speak with independent counsel before using this Site or completing any purchase.
(a) US Tax and you agree to arbitrate all disputes and claims between us before a single arbitrator. The types of disputes and claims we agree to arbitrate are intended to be broadly interpreted. It applies, without limitation, to:
- claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory;
- claims that arose before these or any prior Terms, (including, but not limited to, claims relating to advertising);
- claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
- claims that may arise after the termination of these Terms.
For the purposes of this Arbitration Agreement, references to “US Tax”, “you”, and “us”, include our respective subsidiaries, affiliates, agents, employees, business partners, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or products under these Terms or any prior agreements between us. Beneficiaries include, but are not limited to, those named in an estate planning document.
Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement does not preclude your bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seeks relief against us on your behalf. You agree that, by entering into these Terms, you and US Tax are each waiving the right to a trial by jury or to participate in a class action. These Terms evidence a transaction or website use in interstate commerce, and thus the Federal Arbitration Act, (“FAA”) governs the interpretation and enforcement of this provision. This arbitration provision will survive termination of these terms.
(b) A party who intends to seek arbitration must first, by U.S. certified mail, a written Notice of Dispute, (“Notice”), to the other party. A Notice to US Tax, should be addressed to, (the “Notice Address”):
Notice of Dispute
US Tax Association, Inc.
122 Forest Gate Road
Ripley MS 38662.
The notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief south, (“Demand”). If US Tax and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or US Tax may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by US Tax or you shall not be disclosed or the arbitrator until after the arbitrator determines the amount, if any, to which you or US Tax is entitled.
You may download or copy a form Notice from http://www.USTax.com/arbitration-forms.pdf.
You may download or copy a form to initiate arbitration from the AAA website at http://www.adr.org/aaa.showPDF?doc=ADRSTG_015820. (There is a separate form for California residents, also available on the AAA’s website at http://www.adr.org/aaa.showPDF?doc=ADRSTG_015822.)
(c) After US Tax received notice at the Notice Address that you have commenced arbitration. It will promptly reimburse you for your payment of the filing fee, unless your claim is more than $75,000. (Currently, the filing fee for consumer-initiated arbitration is $200, but this is subject to change by the arbitration provider. If you are unable to pay this fee, US Tax will pay it directly after receiving a written request at the Notice Address.) The arbitration will be governed by the Consumer Arbitration Rules, (the “AAA Rules”) of the American Arbitration Association, (the “AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules are available online at www.adr.org or by calling the AAA at (800) 778-7879. (You may obtain information about the arbitration process direct to non-lawyers, including information about providing notice to US Tax, at http://www.USTax.com/arbitration-information.pdf.) The arbitrator is bound by these Terms. All issues are for the arbitration to decide, expect the issues relating to the scope, enforceability, and interpretation of the arbitration provision and the scope, enforceability, and interpretation of paragraph (f) are for the court to decide. Unless US Tax and you agree otherwise, any arbitration hearing will take place in the county, (or parish), of your contact address. If your claim is $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, by telephonic hearing, or by an in-person hearing as established by the AAA Rules. If you choose to proceed either in person or by telephone, we may choose to respond only by telephone or submission. If your claim exceeds $10,000, the AAA Rules will determine whether you have a right to a hearing. The parties agree that in any arbitration of a dispute or claim, neither party will rely on preclusive effect on any award or finding of fact or conclusion of law made in any other arbitration or any dispute or claim to which US Tax was a party. Except as otherwise provided for herein, US Tax will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose, (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse US Tax for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. In addition, if you initiate an arbitration in which you seek relief valued at more than $75,000, (excluding attorney’s fees and expenses), the payment of these fees will be governed by the AAA rules.
(d) If, after finding in your favor in any respect on the merits of your claim, the arbitrator issues you an award that is greater than the value of US Tax’s last written settlement offer made before an arbitrator was selected, then US Tax will:
- pay you either the amount of the award or $2,000 (“the alternative payment”), whichever is greater; and
- pay your attorney, if any, the amount of attorney’s fees, and reimburse any expenses, (including expert witness fees and costs), that your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration, (the “attorney’s payment”).
If US Tax did not make a written offer to settle the dispute before an arbitrator was selected, you and your attorney will be entitled to receive the alternative payment and attorney’s fees, respectively, if the arbitrator awards you any relief on merits. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the alternative payment and the attorney’s fees at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits. In assessing whether an award that includes attorney’s fees or expenses is greater than the value of any attorney’s fees or expenses you reasonably incurred in connection with the arbitration proceeding before US Tax’s settlement offer.
(e) The right to attorney’s fees and expenses discussed in paragraph (d) supplements any right to attorney’s fees and expenses you may have under applicable law. Thus, if you would be entitled to a larger amount under applicable law, this provision does not preclude the arbitrator from awarding you that amount. However, you may not recover duplicative awards or attorney’s fees or costs. Although under some laws US Tax may have a right to an award of attorney’s fees and expenses if it prevails in an arbitration proceeding, US Tax will not seek such an award.
(f) The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. YOU AN US TAX AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITIES AND NOT AS PLAINTIFFS OR CLASS MEMBERS IN ANY PURPORTED CLASS OR REPRESNTATIVE PROCEEDING OR IN THE CAPACITY OF A PRIVATE ATTORNEY GENERAL. Further, unless both you and US Tax agree otherwise, the arbitrator may not consolidate more than on person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award any relief that a court could award that is individualized to the claimant and would not affect other customers. Neither you nor we may seek non-individualized relief that would affect other customers. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitation as to a particular claim for relief, that that claim, (and only that claim), must be severed from the arbitration and may be brought in court.
(g) If the amount in dispute exceeds $75,000 or either party seeks any form of injunctive relief, either party may appeal the award to a three-arbitrator panel administered by AAA by a written notice of appeal within thirty (30) days from the date of entry of the written arbitration award. An award of injunctive relief shall be stayed during any such appeal. The members of the three-arbitrator panel will be selected according to AAA rules. The three-arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party’s notice of appeal. The decision of the three-arbitrator panel shall be final and binding, subject to any right of judicial review that exists under the FAA.
(h) Notwithstanding any provision in the applicable Terms to the contrary, we agree that if we make any future change to this arbitration provision (other than a change to any Notice address, website link or telephone number provided herein), that change will not apply to any dispute of which we had written notice on the effective date of the change. Moreover, if we seek to terminate this arbitration provision, any such termination will not be effective until at least thirty (30) days after written notice of such termination is provided to you, and shall not be effective as to disputes which arouse prior to the date of termination.
Rights and Responsibilities of US Tax.
US Tax is not the publisher or author of the User Content. US Tax takes no responsibility and assumes no liability for any content posted by you or any third party.
Although we cannot make an absolute guaranteed of system security, US Tax takes reasonable steps to maintain security. If you have reason to believe system security has been breached, contact us by email for help.
If US Tax’s technical staff finds that files or processes belonging to a member pose a threat to the proper technical operation of the system or to the security of other members, US Tax reserves the right to delete those files or to stop those processes. If the US Tax technical staff suspects a user name is being used by someone who is not authorized by the proper user, US Tax may temporarily disable that user’s access in order to preserve system security. In all such cases, US Tax will contact the member as soon as feasible.
US Tax has the right, (but not the obligation), in our sole and absolute discretion, to edit, redact remove, re-categorize to a more appropriate location or otherwise change any User Content.
Rights and Responsibilities of US Tax Users or Other Posters of User Content.
You are legally and ethically responsible for any User Content – writings, files, pictures or any other work – that you post or transmit using any US Tax service that allows interaction or dissemination of information. In posting User Content, you agree that you will not submit any content that:
- is known by you to be false, inaccurate or misleading;
- infringes anyone’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy. Please see Compliance with Intellectual Property Laws below;
- violates any law, statute, ordinance, or regulation, (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination, or false advertising). Please see Compliance with Export Restrictions below;
- is, or may reasonably be considered to be, defamatory, libelous, hateful racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing, or advocates or encourages illegal conduct harmful to any individual, partnership or corporation. Please see Inappropriate Content below;
- includes advertisements, spam, or content for which you were compensated or granted any consideration by any third party;
- includes information that references other website, addresses, email addresses, phone numbers, or other contact information;
- contains any computer virus, worms, or other potentially damaging computer programs or files;
Attorneys that submit User Content and provide advice do so at their own risk.
Under United States federal law, you retain copyright on all works you create and post as User Content, unless you choose specifically to renounce it. In posting a work as User Content, you authorize other members who have access to that service to make personal and customary use of the work, including creating links or reposting, but not otherwise to reproduce or disseminate it unless you give permission for such dissemination.
You grant US Tax a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, sell, distribute, and/or incorporate such content into any form, medium, or technology throughout the world without compensation to you. You have the right to remove any of your works from User Content at any time.
You are not required to provide your real name when signing up as a user of US Tax. US Tax permits anonymous or pseudonymous accounts. Any user may request that such members email address be hidden to provide additional privacy.
Ratings and reviews will generally be posted in two to four business days.
By submitting your email address in connection with your ratings and review, you agree that US Tax may user your email address to contact you about the status of your review and other administrative purposes.
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c/o US Tax Associations, Inc.
122 Forest Gate Road
Ripley, MS 38663
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- Use of Testimonials and Media Endorsements. The media hosts on the Site endorse US Tax as paid spokespeople in our advertising campaigns.
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US Tax Association, Inc. is located at 122 Forest Gate Road, Ripley, MS 38663.