This document states the terms of the Contract between Veldhuyzen & Associates LLC, its subsidiaries and affiliates, (all of whom are heretofore referred to throughout this Contract as "VA") on the one hand, and on the other hand, a) visitors to the Websites, and b) customers who buy the products or services offered on the Websites. No one is permitted to use the Websites or our services without first agreeing to this Contract which governs such use. Your use of anyone of the Websites or our services constitutes an acceptance of this Contract and all its terms and conditions.
VA may, in its sole discretion, change, modify, add or delete parts of this Contract from time to time, and any and all such shall become immediately binding upon their being displayed in this place or otherwise on the appropriate Website. All such are hereby incorporated by reference herein.
Users of the Websites may print or download this agreement, but may not copy it for use in another context. You may not change or terminate any of the provisions hereof, nor may they be waived, unless such is explicit, in writing and signed by VA. This Contract shall not be construed to permit or authorize you access to any computer or other electronic systems, beyond the minimum necessary for the use of the Websites and you agree not to access or copy such systems or data therein.
VA may modify, suspend or discontinue, temporarily or permanently, the Websites (or any part thereof) from time to time, for any or no reason and without notice. The information and materials contained on the Websites are subject to change. VA may change its rates and fees from time to time at its sole discretion. You agree that VA shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Websites or changes made in the information or materials, rates and fees.
2. Products And Services We Offer And/Or Sell
VA offers a number of websites (listed below as "Websites covered by this Contract"and hereinafter referred to as "Websites.") VA reserves the right to approve and accept or reject your submissions at any time, and for any reason within its sole discretion. The products and services are not intended to be, nor are they available in jurisdictions (countries, states or other governmental entities) which may prohibit them. VA provides software designed to permit the customer to input his/her data about the customer's tax situation and use it in accordance with current federal, state and local governmental laws and regulations to prepare tax returns. No guarantee can be made as to the accuracy or completeness of customer data supplied, nor the currency of laws and regulations. VA uses reasonable practices, as good or better than customary industry practices, to assure the accuracy, completeness and currency of such laws and regulations, but is not liable for errors in its systems.
3. Websites Covered by this Contract
All websites offered by Veldhuyzen & Associates LLC are covered by this Contract, (hereinafter referred to as "Websites") including, but not limited to:
4. Your Responsibilities
Users of the Websites have substantial obligations with respect to their own data and how they use their own computers and maintain security from their end. In addition, you must provide correct and honest information. You can't pretend to be someone who you are not. You must maintain appropriate security for your password, account number and other information you file with us or receive from us regarding your account.
You are entirely responsible for obtaining access to the Websites and for paying all expenses involved in obtaining such access. You are also responsible to backup all of your data (including data given or received) regularly and in a reliable manner and have such backups conveniently available.
You agree that the information you provide about yourself is accurate, current and complete. Similarly, information that you provide about your tax situation must be accurate, current and complete in order for your taxes to be prepared properly.
You agree to abide by all applicable local, state and federal laws and regulations.
You alone are responsible for all acts or omissions that occur under your account or password.
If you have any claim that the Websites and VA have not performed properly under this contract you agree to give us prompt notice (including a full explanation and documentation of the facts) and a reasonable opportunity to cure the problem.
5. Member Account; Password and Security
VA may supply you with a password and account designation upon completing the site registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to immediately notify VA of any unauthorized use of your password or account, or any other breach of security of which you are aware, and to ensure that you properly close out of your account at the end of each session. VA assumes no liability for any loss or damage arising from your failure to comply with this section.
6. Acceptance of this Contract of Use
I agree that I have given due consideration to this agreement and that I agree to its terms in full.
7. Intellectual Property
RapidTax.com™ design mark
VA Rapid Tax & Financial Services™ word mark
Prior Tax™ word mark
PriorTax.com design mark™
Late Tax™ word mark
Veldhuyzen & Associates LLC claims copyright to all material on its Websites and used in creating and operating its Websites that is subject to copyright, including, but not limited to the "look and feel" of its websites, the underlying software, photographs, designs, drawings, text, graphics, icons of its websites and their content.
This website, its look and feel, graphics, designs, words, titles and phrases contained herein constitute trademarks, trade names, trade dress and copyrights owned by Veldhuyzen & Associates LLC or its affiliates (hereinafter referred to as "Intellectual Property"). The Intellectual Property is protected under United States and international law.
No license or permission to use is created by their use or accessibility on the Websites other than that which may be necessary to use the Websites and for the effectuation of the sale of services and products offered on the Websites. No use, copying, redistribution, reproduction or modification of the contents of the Websites or any part thereof, is permitted without the prior written approval of Veldhuyzen & Associates LLC. Violations may be subject to action under civil and criminal laws.
8. Void Where Prohibited By Law
VA's products and services are intended to be offered only in those places where it is legal to do so. No offer is intended or made by virtue of this website in places where such offer or sale would be prohibited by law.
You agree to indemnify, save and hold harmless VA, its affiliates, subsidiaries and their respective officers, directors, agents, representatives and employees, from and against any and all claims, causes of action, suits or proceedings, judgments, settlements, regulatory proceedings and investigations (whether governmental or non-governmental), liabilities, damages, interest, costs and expenses associated therewith, including, but not limited to reasonable counsel fees (including an allocation for in-house counsel fess) arising out of, relating to, or in connection with, (i) data you submit, post to or transmit through the Websites; or (ii) your violation of any rights of any other person in connection with the Site; or (iii) your violation of the intellectual property rights of VA or third parties, including amounts expended in pursuing rights under this clause against you. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right to employ separate counsel and assume the exclusive defense and control of any matter subject to indemnification by you.
We accept American Express, Diners Club, Discover, JCB, MasterCard, Visa, and Visa Check Cards. If you are receiving a tax refund, we also accept payment from your tax refund but only for returns that are eligible for electronic filing to the IRS. This payment from tax refund option is a bank product offered by Santa Barbara Tax Products Group, using banking services of Civista Bank.
We do not currently accept international wire transfers, PayPal, or Smart Cards. Additionally, the option to pay directly from your bank account is currently unavailable. We are unable to apply manufacturer's coupons, food stamps, or any other payment method not listed above.
12. Warranties and Representations
Warranties and Representations Generally:
THE WARRANTIES SET FORTH HEREIN ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS, SERVICES, SOFTWARE, OR EQUIPMENT PROVIDED UNDER THIS AGREEMENT. The only warranties given under this Agreement are those specifically labeled as such by express language in writing.
ALL PRODUCTS AND SERVICES OFFERED ON THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH NO WARRANTIES WHATSOEVER. OTHER THAN AS PROVIDED IN THIS CLAUSE, VA MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE USE OF THE WEBSITES OR THE PRODUCTS OFFERED OR SERVICES PERFORMED, AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY AND/OR LIABILITY FOR DAMAGES OF ANY KIND WHATSOEVER INCLUDING THIRD PARTY CLAIMS.
Warranties and Representations Specifics:
In further elucidation of, but not in limitation of the general disclaimers of warranty and representations contained in this agreement we offer the following:
A) VA is not responsible for breaches of your privacy or the confidentiality of your information that are caused by you.
B) VA makes no guarantees, representations or warranties as to your access to or continuity of use of VA Websites. or the availability of the Websites at their respective addresses at all times. There may be interruptions of service for many different reasons.
C) VA does not provide legal or tax advice. It provides you access to materials which enable you to form your own judgments as to how to handle your own tax filings. Any information provided by VA on its website or which may be sent to you (including, but not limited to newsletters, electronic mail or via telephone), are provided for informational and educational purposes only and are not intended to provide legal, investment, tax or accounting advice and should not be relied upon in that regard. For complicated tax situations, VA suggests that you seek professional advice from lawyers or accountants.
D) In view of technical difficulties which may arise in the maintenance of a website and the information provided and data stored and utilized therein, VA will use its reasonable efforts to include up-to-date and accurate information in this site, but all PRODUCTS AND SERVICES OFFERED ON THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH NO WARRANTIES WHATSOEVER. VA is not responsible for technical difficulties, regardless of their origin, including but not limited to the deletion, mis-delivery, or untimely delivery of any data, or failure to store any data, user communications, or personalization settings, or the timeliness, sequence, quality, accuracy, content, completeness, legality, reliability, operability or availability of information or material contained on the Websites. OR
VA does not warrant that its Software, Documentation, Third Party Software, or Third Party Documentation and/or equipment will be free from minor bugs or errors, or that such will run uninterrupted. However, VA shall use reasonable efforts during the Warranty Period to correct any bugs or errors that may occur in the VA Software or Third Party Software when used in accordance with the specifications and any other applicable documentation therefore.
E) VA DISCLAIMS ANY WARRANTIES FOR THE SECURITY, ACCURACY, sequence, RELIABILITY, TIMELINESS, completeness, operability or availability of information AND PERFORMANCE OF THE PRODUCTS AND SERVICES or material OFFERED ON THE WEBSITE.
F) VA AND ITS DATA PROVIDERS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE WEBSITE, AS WELL AS FOR ANY INFORMATION RECEIVED THROUGH THE WEBSITE OR THROUGH ANY LINKS PROVIDED ON THE SITE.
G) VA shall not have any liability for:
a) any claim of patent, trademark, or copyright infringement, or unfair competition, misappropriation, or theft or mis-use of trade secrets based upon the interconnection or use of the Websites or based upon the use in any manner for which the goods or services or part thereof was not designed;
b) accident, abuse, modification, improper or inadequate use or maintenance by you;
c) your failure to use updated services, including error corrections and updates, provided by VA.
Remedies and damages
LIABILITY LIMITS THE TOTAL MONIES PAID UNDER THIS CONTRACT ARE NOT ADEQUATE TO COVER THE RISKS OF LIABILITY THAT NIGHT HAVE ACCRUED TO VA HEREUNDER. THEREFORE, VA SHALL NOT BE LIABLE FOR ANY
(I) DAMAGES (REGARDLESS OF THEIR NATURE),
a. INCLUDING BUT NOT LIMITED TO SPECIAL, INDIRECT, INCIDENTAL, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATED TO VA's PERFORMANCE OR NON PERFORMANCE OF THIS AGREEMENT,
b. INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING FROM ANY LOST OPPORTUNITIES, LOSS OF PROSPECTIVE ECONOMIC ADVANTAGE, LOSS OF DATA OR PROGRAMMING, LOSS OF REVENUE OR PROFITS, LOSS OF REFUNDS OR THE INCURRING OF ADDITIONAL TAXES, DAMAGE TO EQUIPMENT, FAILURE TO REALIZE SAVINGS OR OTHER BENEFITS, AND CLAIMS AGAINST YOU BY ANY THIRD PARTY, EVEN IF VA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
(II) PERSONAL INJURY OR PROPERTY DAMAGE, UNLESS CAUSED BY VA's KNOWING AND DELIBERATE WRONGDOING, OR GROSS NEGLIGENCE, WHETHER OR NOT DENOMINATED TORT, INCLUDING NEGLIGENCE AND STRICT LIABILITY,
(III) DAMAGES (REGARDLESS OF THEIR NATURE) CAUSED BY YOUR NEGLIGENCE OR FAILURE TO FULFILL YOUR OBLIGATIONS UNDER THIS AGREEMENT, THAT ARISE OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITES OR THE PRODUCTS OFFERED OR SERVICES PERFORMED OR FOR ANY DELAY OR FAILURE BY VA TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT.
VA's liability for damages for any cause whatsoever shall be no more than the total monies actually paid by you to VA under this agreement or $1000, which ever is greater.
CLAIMS MUST BE MADE WITHIN EIGHTEEN MONTHS FROM THE DATE OF PAYMENT OR FROM THE EARLIEST TIME YOU KNOW OR SHOULD HAVE KNOWN A PROBLEM MAY EXIST.
THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. No representation or warranty is made that software is free of infection or viruses, worms, Trojan Horses or other code or defects that manifest contaminating or destructive properties.
13. Notice and Documentation of Defect
VA strives to deliver the highest quality service that we can. You agree you will work with us if you are dissatisfied in any way. BEFORE YOU DO ANYTHING ELSE, PLEASE CONTACT US! GIVE US NOTICE! TELL US WHAT THE PROBLEM IS! Give us a chance to fix it! VA will attempt to resolve the problem. If you give us a reasonable chance to fix it and you are still not satisfied, then you may assert your remedies under this Contract.
You shall provide VA with written notice, promptly after you learn of any problem as to which you claim VA has, together with such details as are available to you, to enable VA to understand the issue.
Any notice under this Contract shall be given to VA in two ways as to each notice required:
1. By e-mail to the following e-mail address "firstname.lastname@example.org" and
2. By U. S. Post Office Certified or Registered mail, return receipt requested to
Veldhuyzen & Associates LLC.
New York, NY 10036
14. TERM AND TERMINATION
This contract is in force indefinitely but subject to change by VA at any time.
VA may, within its sole discretion, refuse service to anyone at anytime, and/or bar them from the website, or may cancel existing access to the Websites.
Termination or expiration of this Agreement shall not relieve either party of its obligations under this Agreement arising out of paragraphs 1, 3, 4, 5, and 8.
15. CONSTRUCTION OF CONTRACT
The rights and obligations of this Contract govern the legal relationship among the parties and take precedence over any statements that may be contained in the Websites or in any communications from VA unless those communications are from an officer specifically authorized to make changes to this Contract.
17. Force Majeure
VA shall not be liable for disruption, failure, or delay in the performance (such excuse shall operate to the extent by which performance is prevented thereby) of this Agreement arising from any of the following: act of God, storms, floods, fires, explosions, or other catastrophes; act of war (declared or undeclared), riot or revolution, act of a public enemy, terrorism, civil insurrection; strikes, lockouts, labor unrest, or sabotage disputes); government action (foreign or domestic), including but not limited to laws, regulations, rules, ordinances, orders, embargoes and which unavoidably and directly prevent performance hereunder; act or failure to act of the other party hereto, or its subcontractors; epidemic or quarantine; any other cause beyond the reasonable control of VA.
18. Arbitration/Dispute Resolution
Any controversy or claim arising out of or relating to this contract shall be determined by arbitration in accordance with the Rules of the American Arbitration Association. The number of arbitrators shall be three; the place of arbitration shall be New York City, New York; and the language of the arbitration shall be English. The parties hereto agree to be bound by the decision of the arbitrator, whose award shall be the sole and exclusive remedy regarding any and all claims and counterclaims.
19. Choice of Law
This Contract shall be interpreted according to the laws of the United States of America and the State of New York without giving effect to the principles of conflicts of law. You agree that any suit or proceeding relating in any way to this Contract the courts of the State of New York or of the United States of America for the Eastern District of New York shall have exclusive jurisdiction in connection with any suit, action or other proceeding arising out of or relating to this Contract, or the transactions contemplated herein, and you submit to the jurisdiction of such court. You hereby waive and agree not to assert, by way of motion or otherwise, in any such suit, action or proceeding, any claim that you are not personally subject to the jurisdiction of the above named courts, that the suit, action or proceeding is brought in an inconvenient forum or that the venue of the suit, action or proceeding is improper. Service of process with respect hereto may be effected by mailing such process certified mail to the other party. You also waive any right to trial by jury.
20. Specific Performance
It is understood and agreed that money damages may not be a sufficient remedy for the breach of this Contract and that therefore, VA shall be entitled, in addition to any other available remedy or relief, to specific performance and injunctive or other equitable relief as a remedy for any such breach, and you further agree to waive any requirement for the security or posting of any bond in connection with such remedy.
This Contract constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces any previous oral or written arrangements or understandings relating thereto. Only an officer of VA is authorized to execute a writing to modify this Contract on behalf of VA.
If any provision of this Agreement is determined to be illegal or unenforceable, such provision shall be automatically reformed and construed so as to be valid, operative and enforceable to the maximum extent permitted by law or equity while preserving its original intent. The invalidity of any part of this Agreement shall not render invalid the remainder of this Agreement. Any such modification or deletion shall apply only within the jurisdiction of a court imposing the same.
The parties hereto intend that this Contract shall operate to the fullest extent possible under the law, but that in the event any part hereof is deemed illegal or unenforceable, the parties intend and hereby agree that this Contract should be interpreted to retain as much as possible of its provisions in accordance with its intent as expressed herein.
23. Survival of Contract Terms
The rights and obligations of the parties hereto, set forth herein, shall where applicable, survive and continue after expiration or termination hereof and shall bind the parties hereto and their successors and assigns.
24. No Waiver
No single or repeated waiver of any default by VA for any period of time shall be construed as a continuing waiver, and VA shall retain its rights hereunder, including the right to terminate. The failure of VA to require strict performance of any provision of this Contract or any right hereof shall not be construed as a waiver of any such provision or right.
Neither the rights, duties or obligations of this Contract may be assigned, transfered or delegated by you, without the prior written consent of VA and any such attempted assignment, transfer or delegation shall be null and void. VA may assign this Contract without your consent.
26. Miscellaneous Headings
The headings contained herein are for convenience only and shall have no legal or interpretive effect.