TERMS OF USE

Last Updated: January 1st, 2020

Terms of Use Agreement (this “Agreement”) is a legal agreement between you and Smart Tax Team (“Smart Tax Team,” “us,” “we,” or “our”) governing your use of our websites: smarttaxteam.com (each a “Website” and collectively, “Websites”). By using or accessing a Website or downloading materials from a Website, you agree to be legally bound by this Agreement.

  • Updates to this Agreement
  • Authorized Use
  • Intellectual Property Rights
  • User-Submitted Information
  • Secure User Accounts
  • Changes to the Websites
  • Third-Party Content
  • Links to Third-Party Websites
  • Social Media Pages
  • Notice of Copyright Infringement
  • Other Policies and Terms
  • Termination
  • Child Privacy
  • Disclaimer of Warranty
  • Limitation of Liability
  • Indemnity
  • Consent to Communication
  • Effect of Invalidity
  • Waivers
  • International Users
  • Choice of Law
  • Contact

UPDATES TO THIS AGREEMENT

Changes will become effective immediately after they are posted. A current version of this Agreement showing the effective date is always available at this location. We encourage you to periodically review this Agreement to see if there have been any changes that may affect you. If you do not agree to this Agreement as modified, then you must discontinue your use of the Websites. Your continued use of a Website will signify your continued agreement to this Agreement as it may be revised from time to time.

AUTHORIZED USE

While using a Website, you are required to comply with all applicable statutes, orders, regulations, rules, and other laws. You may not use a Website for any fraudulent or unlawful purpose, and you may not take any action to interfere with a Website or any other user’s use of a Website. In addition, we expect users of the Websites to respect the rights and dignity of others. By way of example and not of limitation, you may not (and you expressly agree that you will not) do any of the following, which violate this Agreement:

  • Post, upload, share, transmit, distribute, facilitate distribution of or otherwise make available to or through a Website any unlawful, infringing, harmful, harassing, defamatory, threatening, intimidating, fraudulent, tortious, vulgar or otherwise objectionable material of any kind, including unauthorized or unsolicited advertising;
  • Reproduce, duplicate or copy any portion of a Website, except as authorized by this Agreement;
  • Sell, resell or otherwise exploit for any commercial purposes, the use of or access to a Website or any portion thereof without the prior written consent of Smart Tax Team;
  • Impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with a Website, or express or imply that we endorse any statement you make;
  • Violate or attempt to violate the security of a Website;
  • Disseminate on a Website any viruses, worms, spyware, adware or other malicious computer code, file or program that is harmful, invasive or may or is intended to damage or hijack the operation of, or monitor the use of, any hardware, software or equipment;
  • Use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods, directly or indirectly, on a Website or to collect any information from a Website or any other user of a Website; or
  • Assist or permit any persons in violating this Agreement or applicable statutes, orders, regulations, rules, and other laws governing the use of the Websites.

INTELLECTUAL PROPERTY RIGHTS

All content (“Content”) available through the Websites is protected by copyrights, trademarks or other proprietary rights and laws. Except as set forth herein or otherwise agreed in writing by Smart Tax Team or other rights owner(s), the use of any Content available on a Website is strictly prohibited.

Smart Tax Team seeks to ensure that public accounting firms, issuers, investors and the general public have ready access to the rules and standards of Smart Tax Team, as well as to the forms, releases, orders, notices, guidance, reports, papers and similar materials that Smart Tax Team disseminates to the public through the Websites (“Smart Tax Team Public Materials”). Subject to third-party copyright noted on the Websites, Smart Tax Team therefore allows, and will not assert copyright infringement claims based solely on, the use, publication, display or distribution of all or any portion of such Smart Tax Team Public Materials.

You may use Smart Tax Team Public Materials from the Websites explicitly made available by Smart Tax Team for public use, provided that you (a) keep intact all copyright and other proprietary notices; (b) use Smart Tax Team Public Materials pursuant to any associated licenses; (c) obtain consent of any applicable party with respect to third-party copyright, as necessary, (d) use appropriate attribution where feasible (e.g. “Source: Smart Tax Team, www.smarttaxteam.com); (e) make no modifications to Smart Tax Team Public Materials; (f) do not make any additional representations or warranties relating to Smart Tax Team Public Materials on behalf of Smart Tax Team; and (g) do not use Smart Tax Team Public Materials in any way that Smart Tax Team deems inappropriate or inadvisable in its sole discretion.

Any rights not expressly granted herein are reserved.

USER-SUBMITTED INFORMATION

You are responsible for any Content you transmit through our Websites. You agree, represent and warrant that any Content you transmit through our Websites or to us is truthful, accurate, not misleading and offered in good faith, and that you have the right to transmit such Content. You shall not upload, post or otherwise make available on or through a Website any Content protected by copyright, trademark or other proprietary right of any third party without the express written permission of the owner of such right(s) or the authority to do so. You shall be solely liable for any damages resulting from any infringement of copyright, trademark or other proprietary rights, or any other harm resulting from such a submission.

We do not want you to, and you should not, send any confidential or proprietary Content to us unless (a) transmitted pursuant to Smart Tax Team’s regulatory activities; (b) specifically requested by us; or (c) provided as tips/referrals/complaints. Please note that any Content sent to Smart Tax Team other than pursuant to (a)-(c) above will be deemed not to be confidential or proprietary.

By submitting Content, other than personally identifiable information or bank account information related to payments made through the Websites, you grant to Smart Tax Team (or warrant that the owner of such Content has expressly granted to Smart Tax Team) a royalty-free, perpetual, irrevocable and unrestricted right and license (a) to use, reproduce, display, modify, adapt, publish, translate, transmit, distribute or otherwise make available to others such Content (in whole or in part and for any purpose) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed; (b) to exercise all copyright, trademark, publicity, privacy and other proprietary rights with regard to such Content; and (c) to use your name, likeness and/or other biographical information in any and all media and/or communications. You also agree that Smart Tax Team is free to use any ideas, concepts, know-how or techniques that you send to us for any purpose.

SECURE USER ACCOUNTS

Certain portions of our Websites are accessible only to users who have been granted access and given login credentials (“Secure Users”). If you are a Secure User, you agree to accurately maintain and update any information about yourself and your account that you have provided to Smart Tax Team.

You further agree that you are responsible for all activities that occur under your Secure User account. You are responsible for maintaining the confidentiality of your login credentials and you agree not to share your login credentials with any unauthorized parties. You also agree to notify us promptly of any unauthorized use of your login credentials or any other breach of security that you become aware of involving or relating to a Website by emailing us at info@smarttaxteam.com.

Smart Tax Team reserves the right to take any and all action, as it deems necessary or reasonable to maintain the security of the Websites and your account, including without limitation, terminating your account, changing your password or requesting information to authorize transactions on your account.

WE EXPLICITLY DISCLAIM LIABILITY FOR ANY AND ALL LOSSES AND DAMAGES ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION.

CHANGES TO THE WEBSITES

We may make improvements and/or changes to the Websites, add or remove features, or terminate a Website at any time without notice. We (a) reserve the right (but have no obligation) to change the Content or other offerings on the Website, at any time without any notice or liability to you or any other person; and (b) do not warrant that information on the Websites is accurate, complete, reliable, current or error-free. Some jurisdictions may not allow the exclusions and disclaimers of certain implied warranties, so some of the provisions of this section may not apply to you.

THIRD-PARTY CONTENT

Any information, statements, opinions or other Content provided by third parties and made available on our Websites are those of the respective author(s) and not Smart Tax Team. We do not guarantee the validity, accuracy, truthfulness, completeness, reliability or usefulness of any information, statement, opinion or other Content on our Websites other than from an authorized Smart Tax Team representative acting in his or her official capacity. Under no circumstance will Smart Tax Team be liable for any loss or damage caused, directly or indirectly, by your reliance on any such third-party Content.

LINKS TO THIRD-PARTY WEBSITES

Smart Tax Team may provide on the Websites, solely as a convenience to users, links to websites operated by third parties. If you use these links, you will leave our Websites. If you decide to visit any linked website, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Smart Tax Team does not make any warranty or representation regarding, or endorse or otherwise sponsor, any linked websites or the information appearing thereon or any of the products or services described thereon. Links do not imply that Smart Tax Team is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked website is authorized to use any trademark, trade name, logo or copyright symbol of Smart Tax Team.

YOU AGREE THAT YOUR USE OF THIRD-PARTY WEBSITES AND RESOURCES, INCLUDING WITHOUT LIMITATION YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEBSITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH WEBSITES AND RESOURCES.

SOCIAL MEDIA PAGES

Smart Tax Team may maintain a presence on social media websites, including Facebook, YouTube, LinkedIn and Twitter (collectively, “Social Media Pages”), to provide a place for the public to learn more about Smart Tax Team and to share comments. All comments, visuals and other materials posted by visitors to our Social Media Pages do not necessarily reflect the opinions or ideas of Smart Tax Team. All visitors to our Social Media Pages must comply with the respective social media website’s Terms of Use. We review some but not all postings to our Social Media Pages, and may remove postings that we determine are inappropriate or offensive.

NOTICE OF COPYRIGHT INFRINGEMENT

If you believe that any Content on a Website infringes upon any copyright which you own or control, you may send a written notification, containing the information required under 17 U.S.C. §512(c)(3), to our Designated Copyright Agent as set forth below.

Designated Copyright Agent: Smart Tax Team General Counsel Email: info@smarttaxteam.com.

If any user of the Websites is deemed to be a repeat copyright infringer, Smart Tax Team will terminate such user’s license to use the Websites.

OTHER POLICIES AND TERMS

This Agreement applies exclusively to your access to and use of the Websites and does not alter in any way the terms or conditions of any other agreement or regulatory obligation you may have with Smart Tax Team. Additional policies and terms may apply to use of all or portions of the Websites and are incorporated by reference into this Agreement. Please refer to and review all additional specific terms and conditions as applicable, including Smart Tax Team’s Privacy Policy, which describes how we collect and use information on and through the Websites.

TERMINATION

The Websites and this Agreement are in effect until terminated by Smart Tax Team. In addition to any right or remedy that may be available to Smart Tax Team under applicable law, and subject to regulatory requirements, Smart Tax Team may suspend, limit or terminate all or a portion of your access to the Websites or any of their features at any time with or without notice and with or without cause, including without limitation, if Smart Tax Team believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. The provisions of this Agreement concerning authorized use, intellectual property rights, user-submitted information, disclaimer of warranty, limitation of liability and indemnity, as well as any other provisions that by their nature should survive, shall survive any such termination.

You agree that if your use of the Websites is terminated pursuant to this Agreement, you will not attempt to use a Website under any name, real or assumed. You further agree that if you violate this restriction after your use of the Websites is terminated, you will indemnify and hold us harmless from any and all liability that we may incur therefor. We reserve the right to have all violators prosecuted to the fullest extent of the law.

CHILD PRIVACY

If you are under the age of 18, please do not use or access the Websites. It is not our intention to collect or use personal information from anyone under 18 years of age, and we will not knowingly do so. If we are made aware that we have collected any personal information from children under the age of 18 and are asked to delete such information from our system, we will promptly do so.

DISCLAIMER OF WARRANTY

SMART TAX TEAM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, RELIABILITY OF, OR OTHERWISE RESPECTING THE CONTENT AVAILABLE ON THE WEBSITES OR ANY OTHER WEBSITES LINKED TO OR FROM THE WEBSITES. DOWNLOADING OR OTHERWISE OBTAINING ANY CONTENT THROUGH THE WEBSITES IS DONE AT YOUR OWN RISK. THE CONTENT OF THE WEBSITES IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, SMART TAX TEAM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

LIMITATION OF LIABILITY

SMART TAX TEAM AND EACH OF ITS BOARD MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND CONTRACTORS (COLLECTIVELY, THE “RELEASEES”) WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OF OR THE INABILITY TO USE THE WEBSITES, THE WEBSITES’ CONTENT OR LINKS, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES OR LINE FAILURES. THE RELEASEES SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ACTS, OMISSIONS OR CONDUCT OF ANY USER OR OTHER THIRD PARTY.

THE RELEASEES WILL ALSO NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE RELEASEES SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).

INDEMNITY

You agree to indemnify and hold harmless Smart Tax Team and its Board members, directors, officers, employees, agents and contractors from and against any and all claims, damages, losses, costs (including without limitation reasonable attorneys’ fees) or other expenses that arise directly or indirectly out of or from (a) your breach of any provision of this Agreement; (b) your activities in connection with the Websites; or (c) unsolicited information you provide to Smart Tax Team through the Websites.

CONSENT TO COMMUNICATION

If you provide us with a telephone number or email address, you expressly agree that we, or our authorized agents, can use that number or email address to contact you.

When you use the Websites or send emails to Smart Tax Team, you are communicating with Smart Tax Team electronically. You consent to receive electronically any communications related to your use of the Websites. We may communicate with you by email or by posting notices on the Websites. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from Smart Tax Team intended for receipt by a user in connection with the Websites shall be deemed delivered and effective when sent to the email address provided by the user on or through the Websites.

EFFECT OF INVALIDITY

In the event a court having jurisdiction finds any portion of this Agreement unenforceable, that portion shall not be effective and the remainder of this Agreement shall remain effective.

WAIVERS

No waiver, express or implied, by either party of any breach of or default under this Agreement will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.

INTERNATIONAL USERS

The Websites are controlled, operated and administered by Smart Tax Team (or its licensees) from its offices within the United States of America and are not intended to subject Smart Tax Team to the laws or jurisdiction of any state, country or territory other than that of the United States. Smart Tax Team DOES NOT REPRESENT OR WARRANT THAT THE WEBSITES OR ANY PART THEREOF ARE APPROPRIATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION OTHER THAN THE UNITED STATES. Those who choose to access the Websites do so on their own initiative and at their own risk, and are responsible for complying with all statutes, orders, regulations, rules and other laws of applicable jurisdictions.

CHOICE OF LAW

You agree that any dispute in connection with the Websites, this Agreement or the Privacy Policy will be governed by the laws of the State of California and the United States of America.

CONTACT

If you have questions about this Agreement, or if you have technical questions about the operation of the Websites, please contact us via email at: info@smarttaxteam.com.

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