Terms of Use

TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.

By using the US Tax Association, Inc., DBA US Tax Help Association, with address of 122 Forest Gate Road, Ripley, MS 38663, website, (the “Site”) or any US Tax applications or application plug-ins, (“Applications”), you agree to follow and be bound by these terms of us, (“Terms of Use”), and agree to comply with all applicable laws and regulation, including United States export and re-export control laws and regulations. In these Terms of Use, the words “you” and “your” refer to each customer, Site visitor, or Application user, “We”, “us”, and “our” refer to US Tax Association, Inc., and “Services” refers to all services provided by us.

It is your responsibility to review these Terms of Use periodically. If at any time you find these Terms of Use unacceptable or if you do not agree to these Terms of Use, please do not use this Site or any Applications. We may revise these Terms of Use at any time without notice to you. If you have any questions about these Terms of Use, please contact our Customer Care Center.

YOU AGREE THAT BY USING THE SITE, ANY APPLICATIONS, AND THE SERVICES YOU ARE AT LEASE 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.

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.

Please also refer to the US Tax Terms of Service, Supplemental Terms of Service for Registered Agent Service, Supplemental Terms of Service for Subscription and Third-Party Services, Legal Plan Contract, and Privacy Policy, and any other terms accepted when making your purchase, each of which is incorporated herein by reference.

US Tax.com provides an online legal portal to give visitors a general understanding particular subject matter. The Site includes general information on commonly encountered legal issues. At no time do we review your situation for legal sufficiency, draw legal conclusions, provide legal advice, opinions or recommendations about your legal rights, remedies, defenses, options, selection of forms, or strategies, or apply the law to the facts of your particular situation. US Tax is not a law firm and may not perform services performed by an attorney. US Tax, its Services, and its forms or templates are not a substitute for the advice or services of an attorney.

US Tax strives to keep its information accurate, current and up-to-date. However, because the law changes rapidly, US Tax cannot guarantee that all of the information on the Site or Applications is completely current. The law is different from jurisdiction to jurisdiction, and may be subject to interpretation by different courts. The law is a personal matter, and no general information or legal tool like the kind US Tax provides can fit every circumstance. Furthermore, the legal information contained on the Site and Applications is not legal advice and is not guaranteed to be correct, complete, or up-to-date.

Therefore, if you need legal advice for your specific problem, or if your specific problem is too complex to be addressed by our tools, you should consult a licensed attorney in your area.

From time to time, US Tax may introduce our visitors to attorneys through various methods, including but not limited to (i) legal plans, (ii) third party attorney directory listings, and (iii) third party limited scope agreements. At no time is an attorney-client relationship fostered or created with US Tax through the performance of any such services.

This Site and Applications are not intended to create any attorney-client relationship, and your use of US Tax does not and will not create an attorney-client relationship between you and US Tax. Instead, you are and will be representing yourself in any legal matter you undertake through US Tax’s site.

  1. Privacy Policy. US Tax respects your privacy and permits you to control the treatment of your personal information. A complete statement of US Tax’s current Private Policy can be found by clicking here. US Tax’s Privacy Policy is expressly incorporate into this Agreement by reference.

When you open an account to use or access certain portion of the Site, Applications, or the Services, you must provide complete and accurate information as requested on the registration form. You will also be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use a third party’s account, user name or password, at any time. You agree to notify US Tax immediately of any unauthorized use of your account, user name or password. US Tax shall not be liable for any losses you incur as a result of someone else’s use of your account or password, either with or without your knowledge. You may be held liable for any losses incurred by US Tax, or affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.

In connection with the use of certain US Tax products or services, you may be asked to provide personal information in a questionnaire, application, form or similar document or service. This information will be protected pursuant to our Privacy Policy. In addition, you grant US Tax a worldwide, royalty-free, nonexclusive, and fully sublicensable license to use, distribute, reproduce, modify, publish, and translate this personal information solely for the purpose of enabling your use of the applicable service. You may revoke this license and terminate rights held by US Tax at any time by removing your personal information from the applicable service.

  1. Ownership. This Site and Applications are owned and operated by US Tax Association, Inc. All right, title and interest in and to the materials provide on this Site and Applications, including but limited to information, documents, logos, graphics, sounds and images, (the “Materials”), are owned either by US Tax or by our respective third party authors, developers or vendors, (“Third Party Providers”). Except as otherwise expressly provided by US Tax, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on this Site or on any Applications shall be construed to confer any license under any of US Tax’s intellectual property rights, whether be estoppel, implication or otherwise. See the “Legal Contract Information”, below if you have any questions about obtaining such licenses. US Tax does not sell, license, lease or otherwise provide any of the Materials other than those specifically identified as being provided by US Tax. Any rights not expressly granted herein are reserved by US Tax.

 

  1. Limited Permission to Download. US Tax hereby grants you permission to download, view, copy and print the Materials on any single, stand-alone computer, (or, for Microsoft Agave users, one copy of the Application on up to five devices affiliated with your Marketplace Windows Live ID account), solely for your personal, informational, non-commercial use, provided that (i) where provided, the copyright and trademark notices appearing on any Materials not be altered or removed, (ii) the Materials are not used on any other website or in a networked computer environment, and (iii) the Materials are not modified in any way, except for authorized editing of downloadable forms for personal use. This permission terminates automatically without notice if you breach any of the terms or conditions or printed Materials. Any unauthorized use of any Material contained on this Site or Applications may violate copyright laws, trademark laws, laws of privacy and publicity, and communications regulations and statutes.

 

  1. Links to Third Party Sites. This Site and Applications may contain links to websites controlled by parties other than US Tax, (each a “Third Party Site”). US Tax with a number of partners and affiliates whose sites are linked with US Tax. US Tax may also provide links to other citations or resources with whom it is not affiliated. US Tax is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services, or use of any Third Party Site, any website accessed from a Third Party Site, or any changes or updates to such sites. US Tax makes no guarantees about the content or quality of the products or services provided by such sites. US Tax makes no guarantees about the content or quality of the products or services provided by such sites. US Tax is not responsible for webcasting or any other form of transmission received from any Third Party Site. US Tax is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by US Tax of the Third Party Site, nor does it imply that US Tax sponsors, is affiliated or associated with, guarantees, or is legally authorized to use any trade names, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that US Tax is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third Party Site.

 

  1. Use of US Tax Legal Forms. On our Site, through Applications, and through certain partners, we may offer self-help, “fill in the blank” forms. If you buy a form from one of our partners, you will be directed to that partner’s website and their terms of use will control. If you boy or download a form on our Site or Application, the terms and conditions of these Terms of Use control. You understand that your purchase, download, and/or use of a form document is neither legal advice nor the practice of law, and that each form and any applicable instructions or guidance is not customized to your particular needs.

License to Use.

US Tax grants you a limited, personal, non-transferable license to use our forms, (the “Forms”), for your own personal, internal business use, or if you’re an attorney or professional, for your client. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance, or in any way exploit any of the Forms in any manner, except for modifications in filling out the Forms for your authorized use. You shall not remove any copyright notice from any Form.

Resale of Forms Prohibited.

By order or downloading Forms, you agree that the Forms you purchase or download may only be used by you for your personal or business use or used by you in connection with your client and may not be sold or redistributed without the express written consent of USTax.com

  1. Dispute Resolution by Binding Arbitration

Please read this carefully. It affects your rights.

Summary:

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.

Arbitration Agreement:

(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

General Counsel

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.

  1. Additional Terms. Some US Tax Services may be subject to additional posted guidelines, rules or terms of service, (“Additional Terms”) and your use of such Services will be conditioned on your agreement to the Additional Terms. If there is any conflict between these Terms of Use and the Additional Terms the Additional Terms will control for that Service, unless the Additional Terms expressly state that these Terms of Use will control.

 

  1. Reviews, Comments, Communications, and Other Content. At various locations on the Site or through Applications, US Tax may permit visitors to post ratings, reviews, comments, questions, answers, and other content, (the “User Content”). Contributions to, access to and use of the User Content is subject to this paragraph and the other terms and conditions of these Terms of Use.

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;
  • otherwise violates these Terms of Use.

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.

9 No Warranty. THE SITE, APPLICATIONS, AND ALL MATERIALS, DOCUMENTS OR FORMS PROVIDED ON OR THROUGH YOUR USE OF THE SITE OR APPLICATIONS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, US TAX EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITL AND NON-INFRINGEMENT.

US TAX MAKES NO WARRANTY THAT: (A) THE SITE, APPLICATIONS, OR MATERIALS WILL METTER YOUR REQUIREMENTS; (B) THE SITE, APPLICATIONS, OR MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, APPLICATIONS, OR ANY MATERIALS OFFERED THROUGH THE SITE OR APPLICATIONS, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATIN OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE, APPLICATIONS, OR IN RELIANCE ON THE MATERIALS WLL MEET YOUR EXPECTATIONS.

OBTAINING ANY MATERIALS THROUGH THE USE OF THE SITE OR APPLICATIONS IS DOEN AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. US TAX SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.

NOTWITHSTANDING THE ABOVE, US TAX OFFERS A 60-DAY SATISFACTION GUARANTEE, THE TERMS OF WHICH ARE AVAILABLE HERE. THIS DISCLAIMER OF WARRANTY DOES NOT APPLY TO THE PURCHASE OF PRODUCTS OR SERVICES BY NORTH CAROLINA CONSUMERS.

  1. LIMITATION OF LIABILITY AND INDEMNIFICATION. EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US TAX AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES, (INCLUDING ATTORNEY’S FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION OR ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WEHTHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATIONS BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, ECEN IF US TAX HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILTY OF SUCH DMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF US TAX, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES, SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTLA OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS PARAGRAPH DOES NOT APPLY TO NORTH CAROLINA CONSUMERS.

 

  1. Unsolicited Submissions. Except as may be required in connection with your use of US Tax Services, US Tax does not want you to submit confidential or proprietary information to use through this Site or any Applications. All comments, feedback, information or material submitted to US Tax through or in association with this Site shall be considered non-confidential and US Tax’s property. By providing such submission to US Tax, you hereby assign to US Tax, at no charge, all worldwide right, title, and interest in and to the submissions and any intellectual property rights associated therewith. US Tax shall be free to use and/or disseminate such submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the submissions that you provide, including their legality, reliability, appropriateness, originality, and content.

 

  1. Compliance with Intellectual Property Laws. When accessing US Tax or using the US Tax legal document preparation Service, you agree to obey the law and you agree to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright, trademark, and other intellectual property ownership. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit or that is provided or transmitted using your US Tax user account.

US Tax has adopted a policy that provides for the immediate removal of any content, article or materials that have infringed on the rights of US Tax or of a third party or that violate intellectual property rights generally. US Tax’s policy is to remove such infringing content or materials and investigate such allegations immediately.

Copyright Infringement:

  1. Notice, US Tax has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. The Company has adopted a policy that provides for the immediate suspension and/or termination of any Site or Service users who is found to have infringed the rights of the Company or of a third party, or otherwise violated any intellectual laws or regulations. The Company’s policy is to act expeditiously upon receipt of proper notification of claimed copyright infringement to remove or disable access to the allegedly infringing content. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want the Company to delete, edit, or disable the material in question, you must provide the Company with the following information in writing, (see 17 U.S.C. 512(c)(3) for further detail): (1) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; (4) information reasonably sufficient to permit the Company to contact you, such as an address, telephone number, and, if available, email address; (5) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of any exclusive right that is allegedly infringed. The above written information must be sent to our registered Copyright Agent:

Copyright Agent

c/o US Tax Associations, Inc.

122 Forest Gate Road

Ripley, MS 38663

Email: copyrightagent@ustax.com

 

  1. Counter-Notice. If you believe that your Content that was removed, (or to which access was disabled), is not infringing, or that you have the authorization from the copyright owner the copyright owner’s agent, or pursuant to the law, to post and use the material in your Content, you may send a written counter-notice containing the following information to the Copyright Agent: (1) your physical or electronic signature; (2) identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled; (3) a statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or misidentification of the Content; and (4) your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in Austin, Texas, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the Copyright Agent, the Company may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling in ten (10) business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at the Company’s sole discretion.

 

  1. Inappropriate Content. When accessing the Site, any Application, or us US Tax’s Services, you agreed not to upload, download, display, perform, transmit, or otherwise distribute any content that: (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertise or otherwise solicits funds or is a solicitation for goods or services. US Tax reserves the right to terminate or delete such material from its service. US Tax will cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.

 

  1. Compliance with Export Restrictions. You may not access, download, use or export the Site, Applications, or the Materials in violation of the United States export laws or regulations or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority and to assume sole responsibility for obtaining licenses to export or re-export as may be required. You acknowledge and agree that the Materials are subject to the United States Export Administration Laws and Regulations and agree that none of the Materials or any direct product therefrom is being or will be acquired for, shipped, transferred or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or used for any prohibited purpose.

 

  1. Personal Use. The site is made available for your personal use on your own behalf.

 

  1. Children. Minors are not eligible to use the Site or the Applications and was that they do not submit any personal information to us.

 

  1. Customers Needing Extra Assistance. US Tax aims to provide full access to its website and product offerings regardless of disability. If you are unable to read any part of the US Tax website, or otherwise have difficulties using the US Tax website, please contact our customer care team.

 

  1. Governing Law; Venue. Any legal action or proceeding relating to your access to or use of the Site, an Application, or Materials is governed by the Arbitration Agreement contained in paragraph 6 of these Terms of Use. These Terms of Use expressly exclude and disclaim the terms of the U.N. Convention on Contracts for the International Sale of Good, which shall not apply to any transaction conducted through or otherwise involving this Site or Application.

 

  1. Copyrights. All Site design, text, graphics, the selection and arrangement thereof, Copyright ©, US Tax Association, Inc. ALL RIGHTS RESERVED.

 

  1. Trademarks. US Tax, USTax.com, LegalZip, the bi-colored “flying document” logo, all images and text, and all page headers, custom graphics, and button icons are service marks, trademarks, and/or trade dress of US Tax. All other trademarks, product names, and company names or logos cited herein are the property of their respective owners.

 

  1. Attorney Access Services; Use of Term “Experience.” The term “experience: or “experienced”, as used on this Site, Applications, and in other communications in reference to third party attorneys participating in US Tax’s legal plans or other attorney access services, means that the legal plan primary handling partner of each law firm fulfills the following: (a) possess a minimum of five years’ experience practicing law; (b) maintains errors and omissions insurance policies consistent with industry standards; (c) is in good standing with the state bar in each jurisdiction in which the attorney is licensed to practice; (d) has no pending malpractice lawsuit, as of the date of joining one of US Tax’s legal plans; and (e) has no public record of discipline by a state bar within the last five years. The term “experience: or “experienced” is not intended to be a comparison to any other attorney’s services or qualifications.

 

  1. Use of Testimonials and Media Endorsements. The media hosts on the Site endorse US Tax as paid spokespeople in our advertising campaigns.

 

  1. Inquiries. BY USING US TAX’S SERVICES OR ACCESSING THE US TAX SITE OR APPLICATIONS, YOU ACKNOWLEDGE AND ACCEPT THAT SUBMITTING YOUR TELEPHONE NUMBER TO US TAX VIA THE US TAX SITE OR APPLICATIONS CONSTITUTES AN INQUIRY OT US TAX, AND THAT US TAX MAY CONTACT YOU AT THE NUMBER SUBMITTED EVEN IF SUCH NUMBER APPEARS ON ANY STATE OR FEDERAL DO NOT CALL LISTS, (TAKING INTO ACCOUNT INQUIRY EXCEPTION TIME FRAMES AS APPROPRIATE).

 

  1. Right to Refuse. You acknowledge that US Tax reserves the right to refuse service to anyone and to cancel user access at any time.

 

  1. Acknowledgement. BY USING US TAX’S SERVICES OR ACCESSING THE US TAX SITE OR APPLICATIONS, YOU AKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.

 

US Tax Association, Inc. is located at 122 Forest Gate Road, Ripley, MS 38663.