User Agreement – Tax Mentor

Sections:

THIS TERMS OF SERVICE AGREEMENT (“Agreement”) is made between Tax Mentor Group, LLC dab tax Mentor (“TMG”) any person (“User”) who registers and/or requests consultations services by uploading transcripts to the Obfuscation Tool (“Tool”), a proprietary software owned and used by TMG. TMG and User are collectively referred to as “parties.”

BY CLICKING THE ACCEPTANCE BUTTON AND/OR ACCESSING OR USING ANY PART OF THE SERVICE, USER EXPRESSLY AGREES TO AND CONSENTS TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT. IF USER DOES NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, THE BUTTON INDICATING NON-ACCEPTANCE MUST BE SELECTED, TMG WILL PROMPTLY CANCEL THIS TRANSACTION AND USER MAY NOT ACCESS OR USE ANY PART OF THE SERVICE.

Service Terms & Limitations
1. Description. Software used in the Tax Resolution Consultation (“Service”) product is proprietary to TMG and is protected by intellectual property laws and international property treaties. User’s access to the Service is licensed and not sold. Subject to the timely payment of all Fees and the terms and limitations set forth in this Agreement, TMG agrees to provide user with personal, non-transferrable, and non-exclusive access to the Service within the limitations proscribed herein.
2. Accessibility. User agrees that from time to time the Service may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which TMG may undertake from time to time; or (iii) causes beyond the control of TMG or which are not reasonable foreseeable by TMG.
3. Equipment. User shall be solely responsible for providing, maintaining, and ensuring compatibility with the Service, all hardware, software, electrical and other physical requirement for User’s use of Service, including, without limitation, telecommunications and internet access communications and links, web browsers or other equipment, programs and services required to access and use the Service.
Limitations
1. Use. Under the terms of this Service Agreement User is entitled to the following use of the Service provided by TMG:
  1. Two requests for Service (Tax Resolution Consultation) per calendar month with no roll over of unused balance.
  2. Additional requests for Service will require User to pay an additional Fee before the request will be met.
  3. Access to educational webinars scheduled at the discretion of TMG. TMG makes no promises regarding the frequency, content, and availability of said webinars.
2. Security. User shall be solely responsible for any authorized or unauthorized access to User’s account by any person. User agrees to bear all responsibility for the confidentiality of User’s password and all use or charges incurred from use of the Service with User’s password.
3. Privacy. When reasonably practicable, TMG will attempt to respect User’s privacy. Company will not disclose and personal information about User of User’s account, including its contents or the User’s use of the Service without User’s prior consent unless TMG has a good faith belief that such action is necessary to: (i) comply with legal process or other legal requirements of any governmental authority; (ii) protect and defend the rights or property of TMG; (iii) enforce this agreement; (iv) protect the interests of users of the Service other than User or any other person; or (v) operate or conduct maintenance and repair of TMG’s services or equipment. Including the Service as authorized by law. User has no expectation of privacy with respect to the Internet generally. User’s IP address is transmitted and recorded with each message User sends to TMG requesting Service.
4. Data. User agrees that TMG will retain possession of submitted data and results of Service. User further agrees that TMG may use such information for purposes of marketing, education, or any other purpose deemed fit. User understands that this does not extend to the User’s personal information which will be kept private in accordance with Section (II)(c).
Fees
1. Payment. User shall pay TMG for the Service at an annual subscription charge of $1,000, the first payment due and payable upon commencement of the Service and every twelve months thereafter (“Fees”). TMG expressly reserves the right to change the Fees at any time, upon notice to the user.
2. Refund of Fees. User may cancel service at anytime. Users who cancel within the 1^st three months are entitle to a refund of fees paid over $300. Users who cancel after 3 months are not entitled to a refund of fees.
3. Collections & Taxes. All Fees, taxes and other charges shall be billed to the User’s credit card at the current international currency conversion rate. User shall be responsible for and shall pay TMG all currency conversion charges, sales, use, value-added, personal property or other tax, duty, or levy of any kind, including interest and penalties thereof (“Taxes”), whether imposed now or hereinafter by any governmental entity. User shall promptly pay TMG in the event of any refusal of the User’s credit card issuer to pay any amount to TMG for any reason. User agrees to pay interest at the rate of 1.5% per month on any outstanding balance, together with costs of collection, including attorney’s fees and costs. In the event User fails to pay any amount in advance, Company may immediately suspend or terminate this agreement and User’s access to Service.
User Representations. User represents and warrants to TMG that: (a) User is over the age of eighteen (18) and has the power and authority to enter into and perform User’s obligation under this Agreement; (b) all information provided by User to TMG is truthful, accurate, complete, and was obtained in compliance with any applicable laws of the United States; (c) User is the authorized signatory on the credit or charge card provided to TMG to pay Fees; (d) User shall comply with all terms and conditions of this Agreement, including, without limitation, the provisions set forth at Section 5; and (e) User has provided and will provide accurate and complete registration information, including, without limitation, User’s legal name, address and email.
Prohibited Uses. User is solely responsible for any and all acts or omissions that occur under User’s account or password and User agrees not to engage in unacceptable use of the Service, which includes, without limitation use of the Service to: (a) disseminate, store, or transmit materials obtained in violation of US Federal Statutes and/or the administrative rules of the Internal Revenue Service; (b) create a false identity or to otherwise attempt to mislead TMG or any person as to the identity or origin of any communication; (c) interfere, disrupt, or attempt to gain unauthorized access to other user accounts, TMG proprietary data, code, and technology, or any other computer network; (d) disseminate, store or transmit viruses, trojan horses, or any other malicious code or program; or (e) engage in any other activity deemed by TMG to be in conflict with the spirit or intent of the Agreement.
Termination. This Agreement is effective upon User’s acceptance as set forth herein and shall continue in full force until terminated. User may terminate this agreement for any reason upon thirty (30) days prior notice to TMG. Company reserves the right, in its sole discretion and without notice, at any time and for any reason, to: (a) remove or disable access to all or any portion of the Service; (b) suspend User’s access to or use of all or any portion of the Service; and (c) terminate this Agreement.
Disclaimer of Warranties. THE SERVICE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. USE OF THE SERVICE IS AT THE USER’S SOLE RISK. TMG DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, NOR DOES TMG MAKE ANY WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF THE SERVICE. TMG MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IN RELATION TO THE SERVICE.
Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL TMG BE LIABLE TO USER OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES FOR ANY MATTER ARISING FROM OR RELATING TO THIS AGREEMENT, THE SERVICE, OR THE INTERNET GENERALLY, INCLUDING WITHOUT LIMITATION USER’S USE OR INABILITY TO USE THE SERVICE, ANY CHANGES TO OR INACCESSIBILITY OF THE SERVICE, DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY TRANSACTION OR AGREEMENT ENTERED INTO THROUGH THE SERVICE, OR ANY DATA OR MATERIAL FROM A THIRD PERSON ACCESSED ON OR THROUGH THE SERVICE, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE. IN NO EVENT SHALL TMG’S TOTAL LIABILITY FOR DIRECT DAMAGES EXCEED THE TOTAL FEES PAID BY USER TO TMG HEREUNDER. SOME STATES PROHIBIT THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THUS THIS LIMITATION OF LIABILITY MAY NOT APPLY TO USER. IF USER IS DISSATISFIED WITH THE SERVICE AGREEMENT, USER’S SOLE AND EXCLUSIVE REMEDY SHALL BE FOR USER TO DISCONTINUE USE OF THE SERVICE AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION 6.
Indemnification. User agrees to indemnify, hold harmless, and defend TMG, its members, directors, shareholders, officers, employees and agents from an against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorney’s fees, asserted by any person, arising out of or relating to: (a) this Agreement; (b) User’s use of the Service, including any data or work transmitted or received by user; and (c) any unacceptable use of the Service, including, without limitation, any statement, data or content made, transmitted or republished by User which is prohibited as unacceptable at Section 5.
Miscellaneous
1. Independent Contractors. The parties and their respective personnel, are and shall be independent contractors and neither party by virtue of this Agreement shall have any right, power or authority to act or create any obligation, express or implied on behalf of the other party.
2. Governing Law & Dispute Resolution. This Agreement will be governed by the laws of Florida where TMG is located. Any dispute, controversy, or claim arising out of or relating to the Agreement or the breach, termination or validity thereof shall be finally settled at the discretion of TMG by binding arbitration under the statutes of the state of Florida in the United State of America.
3. Amendment. TMG shall have the right, at any time and without notice, to add or modify the terms of this Agreement, simply by delivering such amended terms to User by email at the address provided to Company by User. User’s access to or use of the Service after the date such amended terms are delivered to User shall be deemed to constitute acceptance of such amended terms.

Tax Mentor Tax Resolution Consultation User Agreement