Terms and Conditions
General Terms and Conditions. In consideration of the use of the Site, you agree to: (a) provide true, accurate, current, and complete information about yourself as prompted by the registration page and (b) to maintain and update this information to keep it true, accurate, current, and complete. If any information provided by you is untrue, inaccurate, antiquated, or incomplete, TaxxWiz has the right to terminate your account and refuse all current or future use of the Site. You agree to refrain from reselling, transfer of the Site, use of, or access to the Site.
You acknowledge and agree that you must: (a) provide for your own access to the World Wide Web and pay any service fees associated with such access, and (b) provide all equipment necessary for you to make such connection to the World Wide Web, including but not limited to a computer, modem, or other access device.
By using the TaxxWiz.com website, including any applets, software, and content contained therein, you assume any and all risks from the use of the Site. THE SITE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, NEITHER EXPRESS NOR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SITE. SPECIFICALLY, TAXXWIZ DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, PRODUCTS, OR SERVICES, AND (2) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
NEITHER TAXXWIZ NOR ANY OF ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, WEBSITE CO-BRANDING PROVIDERS AND CONTENT, OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF SERVICE OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY OF TAXXWIZ, ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, WEBSITE CO-BRANDING PROVIDERS AND CONTENT, OR SERVICE PROVIDERS RESPECTIVE LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY SUCH STATE’S LAW.
TaxxWiz reserves the right to change any information on this Site, including but not limited to revising and/or deleting features or other information without prior notice. Clicking on certain links within this Site may take you to other websites. TaxxWiz assumes no responsibility of any kind for the content, availability, or otherwise found on or within these websites. (See “Links from and to this Website” below.) The content presented at this Site may vary depending upon your browser limitations.
User Conduct On the Site. While using the Site, you expressly agree that you may not:
- Restrict or inhibit any other user from using and enjoying the Site; or
- Post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or foreign law, including without limitation the U.S. export control laws and regulations; or
- Post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes, unsolicited commercial communication (except as otherwise expressly permitted by TaxxWiz), or engage in spamming or flooding; or
- Post or transmit any information or software which contains a virus, trojan horse, worm or other harmful component; or
- Post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Site for commercial purposes (other than as expressly permitted by the provider of such information, software or other material); or
- Upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Site which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or right-holder; or
- Upload, post, publish, reproduce, transmit or distribute in any way any component of the Site itself or derivative works thereof, as the Site is copyrighted as a collective work under U.S. copyright laws.
TaxxWiz is not obligated to monitor the Site. However, you acknowledge and agree that TaxxWiz has the right to periodically monitor the Site, electronically, and to disclose any information deemed necessary and appropriate to satisfy any law, regulation or other governmental request, to operate the Site properly, or to protect itself and its customers. TaxxWiz will not intentionally monitor or disclose any private electronic-mail message unless required by law. TaxxWiz reserves the right to refuse to
Unless otherwise indicated for a particular communication, any communications or material of any kind that you e-mail, post or otherwise transmit through this Site, including data, questions, comments or suggestions (“your Communications”) will be treated as non-confidential and nonproprietary. In addition, TaxxWiz is free to use any ideas, concepts, know-how or techniques contained in your Communications for any purpose including, but not limited to, developing and marketing products using such information without compensation to you.
Failure to Comply With Terms and Conditions and Termination. You acknowledge and agree that TaxxWiz may terminate your password or account, or deny you access to all or part of the Site, without prior notice, if you engage in any conduct or activities that TaxxWiz, in its sole discretion, deems are in violation of any of the terms and conditions, the rights of TaxxWiz, or any other inappropriate activity calling for discontinuation of access.
You acknowledge and agree that TaxxWiz may, in its sole discretion, deny you access through TaxxWiz to any materials stored on the Internet, or to access to third party services, merchandise or information on the Internet through TaxxWiz. Further, TaxxWiz shall have no responsibility to notify any third-party providers of services, merchandise or information, or have responsibility for any consequences resulting from lack of notification.
Links from and to this Website. You acknowledge and agree that TaxxWiz and any of its website co-branding providers have no responsibility for the accuracy or availability of information provided by linked sites. Links to external websites do not constitute an endorsement by TaxxWiz, or its website co-branding providers, of the sponsors of such sites or the content, products, advertising or other materials presented on such sites.
Information on the many web pages that are linked to TaxxWiz’s Website comes from a variety of sources. While some of this information comes from official TaxxWiz licensees, much of it comes from unofficial or unaffiliated organizations and individuals, both internal and external to TaxxWiz. TaxxWiz does not author, edit, or monitor these unofficial pages or links. You acknowledge and agree that TaxxWiz, and its website Co-branding providers, shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such external sites or resources.
Other Information. TaxxWiz has taken reasonable and appropriate measures, including encryption, to ensure that your personal information is disclosed only to those specified by you. However, the Internet is an open system and TaxxWiz cannot and does not guarantee that the personal information you have entered will not be intercepted by others and decrypted.
If you wish to make purchases through the Site, you may be asked by the merchant or information or service provider from whom you are making the purchase to supply certain information, including a credit card or other payment mechanism information. You expressly agree that TaxxWiz is not liable for any loss or damage incurred as a result of such dealings with any merchant or information or service provider through the Site. You agree that all information you provide any merchant or information or service provider through the Site for purposes of making purchases will be accurate, complete and current. The merchants and information and service providers offering merchandise, information and services through the Site set their own prices and may change prices at any time. You agree to pay all charges incurred by users of your account and credit card or other payment mechanism at the prices in effect when such charges are incurred. You are responsible for paying any applicable taxes relating to purchases through the Site.
IRS Circular 230 Notice. Nothing in our communications with you (including, but not limited to, any emails, website content, attachments, enclosures or other accompanying materials) relating to any federal tax transaction or matter are considered to be “covered opinions” as described in Circular 230.
Disputes. ANY DISPUTE OR CLAIM RELATING, IN ANY WAY, TO YOUR USE OF THIS WEBSITE WILL BE RESOLVED BY BINDING ARBITRATION. However, should your claim qualify, you may assert claims in small claims court. Additionally, under Consumer Arbitration Rule 9(b), either party may elect to take a claim to small claims court, even after filing an arbitration. The Federal Arbitration Act governs the interpretation and enforcement of this provision; the arbitrator shall apply California law to all other matters. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration provision. Notwithstanding anything to the contrary, any party to the arbitration may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction. WE EACH AGREE THAT ANY AND ALL DISPUTES MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. BY ENTERING INTO THIS AGREEMENT FOR ARBITRATION, YOU AGREE THAT YOU AND TAXXWIZ ARE BOTH WAIVING THE RIGHT TO FILE A LAWSUIT AND THE RIGHT TO A TRIAL BY JURY. IN ADDITION, YOU AGREE TO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR LITIGATE ON A CLASS-WIDE BASIS. YOU AGREE THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED EACH OF THE AFOREMENTIONED RIGHTS.