Terms & Conditions
Last updated January 21, 2024
Tax Woes Begone LLC
Terms & Conditions
Introduction
Welcome to our website ( Site ). This Site is owned and
operated by Tax Woes Begone LLC ( TWBG ). This is a binding contractual
agreement between you and TWBG.
The Terms & Conditions (as defined below) are referred to
individually and collectively as the Agreement.
Your visitation, registration for an account, access and/or
use of this Site constitutes your acceptance of this Agreement (as defined
below). TWBG may modify the Agreement at any time without prior
notice to you. Such modification shall be effective immediately upon the first
of the following events to occur: (1) posting of the modified Agreement to the
website, or (2) upon otherwise notifying you of the modified Agreement. You
agree to periodically review the terms and conditions set forth in this Agreement
to ensure that you are aware of any modifications.
You agree
to do business with TWBG electronically. By agreeing to do business
electronically, you (i) consent to the electronic
communication and delivery of all documents related to the Site and all other
goods and services provided via the Site; and (ii) agree that your act of
clicking your consent to this Agreement is a binding form of your electronic
signature, which you agree binds you to this Agreement and the Privacy Policy.
NOTIFICATION OF ARBITRATION CLAUSE AND CLASS ACTION/JURY
TRIAL WAIVER
PLEASE READ
THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS
AGREEMENT CONTAINS A MANDATORY INDIVIDUAL BINDING ARBITRATION AND CLASS
ACTION/JURY TRIAL WAIVER PROVISION, AS set forth BELOW.
Definitions
Agreement means these Terms & Conditions and the Refund
Policy.
"Personally
Identifiable Information" means any information that identifies a natural
person, such as name, Social Security Number or other government-issued number,
date of birth, address, telephone number, biometric data, and the like.
Person means a
natural person, entity organized under the laws of a governmental authority or
unincorporated association or organization, unless otherwise specified.
Site means any and all pages of the website (individually
and collectively) you are viewing at the moment, and also includes any and all
websites on which the Agreement is posted.
User or you or "your" refers to any and all
natural persons who visit, create an account with, access or use this Site in
any way imaginable, whether through existing technology or through technology
not heretofore manufactured, devised or discovered, or who request, purchase,
subscribe to, access, or otherwise use the goods and services offered on this Site.
Services, Prices and Payment Terms
All prices posted on this site are subject to change without
notice. The price charged for a product or service will be the price in effect
at the time the order is placed and will be set out in your order confirmation
email. Price increases will only apply to orders placed after such changes.
Posted prices do not include taxes or charges for shipping and handling. All
such taxes and charges will be added to your merchandise total and will be
itemized in your shopping cart and in your order confirmation email. We are not
responsible for pricing, typographical, or other errors in any offer by us and
we reserve the right to cancel any orders arising from such errors. All goods
or services purchased on the Site are subject to availability. We reserve the
right, in our sole discretion, to refuse orders, including without limitation,
orders that appear to be placed by distributors or resellers.
Terms of payment are within our sole discretion and, unless
otherwise agreed by us in writing, payment must be received by us before our
acceptance of an order. You represent and warrant that (i)
the credit or debit card or banking information you supply to us is true,
correct, and complete, (ii) you are authorized to use such information for the
purchase, (iii) charges incurred by you will be honored by your credit card
company or bank, and (iv) you will pay charges incurred by you at the posted
prices, including all applicable taxes, if any.
Security
You agree to keep your password confidential and not to
distribute it or otherwise allow anyone other than you to access your account.
Your password is the key to all of the information in your account.
Any communication you make on this Site or over the Internet,
whether sent via e-mail, via a form on the Site, or a message board, etc.,
should be regarded as an insecure communication, unless we explicitly state on
a particular web page that you can expect the communication to be secure or
encrypted.
Refusal &
Termination of Service
TWBG reserves the right to terminate or refuse
service to anyone, at any time, for any reason or no reason at all, without
prior notice, including, without limitation, for violating any provision of
this Agreement.
Export
Control
You may not use or
otherwise export or re-export the Site and/or its content, except as authorized
by United States law. The Site and its content may not be exported or
re-exported (i) into (or to a national or resident
of) any U.S.-embargoed country, (ii) to anyone on the U.S. Treasury
Department's list of Specially Designated Nationals, or (iii) to anyone on the
U.S. Department of Commerce's Table of Denial Orders. You represent and warrant
that you are not a resident or national of any such country on any such list,
and are not located in, under the control of, acting on behalf of or in concert
with, a resident or national of any such country or on any such list.
License to Use the Site
TWBG grants, subject to the terms of this
Agreement, a limited, non-transferable, non-sublicensable, non-exclusive
license to use the software, content and documentation which it owns, or of
which it is a licensee, for the limited purposes accessing, exploring and using
the Site in real time in a manner consistent with the terms of the Agreement.
Intellectual Property
Rights in the Site
Unauthorized duplication of this Site, in whole or in part,
or of any plans, designs, specifications, data or content made available from
the Site (except as expressly authorized herein) is a violation of the
Copyright Act of 1976.
Copyrights
Unless otherwise stated, TWBG owns the copyright interests in
and to this Site and is the owner or a licensee of the content hereon,
including, without limitation, all works as defined in the Copyright Act of
1976, text, graphics, images, video material, audio material, audiovisual
material, and other content, regardless of media format, whether now existing
or hereafter arising ( Copyright Material ). The Copyright Material is
protected by United States and international copyright laws. You may display and
download portions of the Site solely for your own personal, non-commercial use.
You agree not to change or delete any proprietary notices from materials
downloaded from the Site. All other uses, including, without limitation, the
reproduction, copying, modification, distribution, sale, lease, transmission,
republication, performance, display, or any commercial use of the content on
this site are strictly prohibited by law.
Trademarks
TAX WOES BEGONE
is a trademark owned by TWBG (the Trademark ). The Trademark
may not be used in any manner by any person or in connection with any product
or service, without the express written authorization of an officer or director
of TWBG. All other trademarks, service marks, and trade names are the property
of their respective owners and are used on this site by virtue of a right or
license from their respective owners.
Notice and Procedure for Making Claims of Copyright
Infringement
Notice of Claimed Infringement
Pursuant to 17 U.S.C. 512, claims of copyright infringement
must be submitted to the following designated agent:
Hank
Fasthoff
Fasthoff
Law Firm PLLC
21
Waterway Ave., Suite 300
The
Woodlands, TX 77380
hank
@ fasthofflawfirm.com
To be effective, the
notification must be a written communication that includes the following:
(i) A physical or electronic
signature of a person authorized to act on behalf of the owner of an exclusive
right that is allegedly infringed;
(ii) A reasonably detailed description of the alleged
infringing material, or, if multiple copyrighted works are alleged to be
infringing, a representative list of such works on this website;
(iii) A reasonably detailed description of where the alleged
infringing material is located on this website;
(iv) Information reasonably sufficient to permit us to
contact the complaining party, such as an address, telephone number, and, if
available, an electronic mail address at which the complaining party may be
contacted;
(v) A statement that the complaining party has 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
(vi) A statement that the information in the notification is accurate,
and under penalty of perjury, that the complaining party is authorized to act
on behalf of the owner of an exclusive right that is allegedly infringed.
Counter-Notice
If you believe that your content that was
removed pursuant to a Digital Millennium Copyright Act notice we received is
not infringing, or that you have the authorization from the copyright owner,
the copyright owner's agent, or pursuant to law, to post and use the content,
you may send a counter-notice containing the following information to the
Copyright Agent at the address listed above:
(i)
Your physical or electronic signature;
(ii) 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;
(iii) A statement
that you have a good faith belief that the content was removed or disabled as a
result of mistake or a misidentification of the content; and
(iv) Your name,
address, telephone number, and e-mail address, a statement that you consent to
the jurisdiction of the federal court in Harris County, 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, we 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 it in 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 10 to 14 business
days or more after receipt of the counter-notice, at our sole discretion.
General Submissions
TWBG values and encourages feedback. Pursuant to TWBG
policy, however, we do not accept or consider creative ideas, suggestions, or
materials other than those specifically requested from you by TWBG, if you
choose to send any creative submissions to us, whether at TWBG request,
or despite our request that you do not send submissions to us, then you hereby
irrevocably assign and transfer to TWBG any and all rights, throughout the
universe, in and to each submission (including the individual elements of each
submission), without any compensation therefore, including, without limitation,
all domestic and foreign copyrights, trademark rights (and goodwill appurtenant
thereto), patent rights, trade secret rights, know-how, and all other
intellectual property rights and other rights, whether now existing or
hereafter arising. To the extent moral rights may not be assigned or
transferred, you hereby irrevocably waive enforcement of any and all moral
rights. TWBG shall be entitled to complete unrestricted use of the submissions
and all content, data and information contained therein for any purpose,
whether commercial or otherwise, without compensation to, or recognition or
acknowledgment of, the author(s) or provider(s) of the submissions.
User Representations
& Warranties
You represent and warrant that you are at least 18 years of
age and have reached the age of majority in the location where you reside. If
you desire to participate in one or more sweepstakes, contests or promotions that
may be offered by TWBG, you further represent that you are a lawful resident of
one of the states for which registration for sweepstakes, contests or
promotions is permitted. You further represent and warrant that you possess the
legal right and ability to enter into this Agreement and to use the Site in
accordance with this Agreement. You agree to be financially responsible and
otherwise responsible for your use of the Site, and to comply with your
responsibilities and obligations as stated in this Agreement. You further agree
to (i) provide true, accurate, current and complete
information about you as requested by the forms available on this Site; and
(ii) to maintain and update your information to keep it secure, true, accurate,
current, and complete. If you provide any information that is untrue,
inaccurate, not current or incomplete, TWBG has the right to terminate your
account and refuse any and all current or future use of the Site.
You further represent and warrant that you will not provide
to us the name, address, email address, phone number, or other personal
identifying information of any person under the age of 13. Violation of this
provision is grounds for immediate cancellation of any orders, goods, and
services offered hereunder.
Governing Law,
Jurisdiction, & Venue; Arbitration
All uses of the Site, and all content contained herein,
including, without limitation, any disputes arising under or related to this
Agreement, shall be governed by and interpreted pursuant to the laws of the
State of Texas and the United States of America without regard for conflicts of
laws principles. All disputes arising under or relating
to the Agreement and/or your visitation, access or use of the Site, shall be
submitted to and resolved by binding arbitration in Harris County, Texas, and
any award shall be confirmed exclusively in the courts situated in Harris County, Texas. You further
irrevocably agree and consent to the exclusive jurisdiction and venue of the
courts situated in Harris County, Texas for the purposes of reviewing,
confirming or otherwise relating to any arbitration award, and you hereby
expressly waive jurisdiction and venue in any other forum for such purposes.
Any arbitration shall be conducted on a confidential basis
pursuant to the Commercial Arbitration Rules of the American Arbitration
Association. Any decision or award as a result of any such arbitration
proceeding shall be in writing and shall provide an explanation for all
findings of fact and conclusions of law, and shall be kept confidential and not
disclosed for any purpose except as required by law, e.g., disclosure to tax advisors for the purpose of filing a tax
return. Any such arbitration shall include a written record of the arbitration
hearing.
WAIVER
OF CLASS ACTION/JURY TRIAL
ARBITRATION MUST BE ON AN INDIVIDUAL BASIS.
YOU MAY NOT JOIN OR CONSOLIDATE CLAIMS OR PARTIES IN ARBITRATION, OR LITIGATE
IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN
A PRIVATE ATTORNEY GENERAL CAPACITY, AND YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT
YOU MAY HAVE TO FILE ANY SUCH CLAIM OR PARTICIPATE IN ANY PROCEEDING IN ANY
SUCH CAPACITY. YOU FURTHER HEREBY IRREVOCABLY WAIVE YOUR RIGHT TO A JURY TRIAL.
INDEMNIFICATION
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS TWBG AND
ITS PARENT (IF ANY), SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND
EACH OF THE FOREGOING S PAST, PRESENT AND FUTURE OFFICERS, DIRECTORS,
EMPLOYEES, MEMBERS, MANAGERS, PARTNERS, SHAREHOLDERS, OWNERS, ASSOCIATES, JOINT
VENTURERS, CONTRACTORS, ATTORNEYS, INSURERS, AGENTS AND REPRESENTATIVES
(INDIVIDUALLY AND COLLECTIVELY, THE INDEMNIFIED PARTIES ), FROM AND AGAINST
ALL LIABILITIES, DAMAGES, CLAIMS, CAUSES OF ACTION, COSTS, ATTORNEY S FEES, AND
ALL OTHER COSTS AND EXPENSES, IN CONNECTION WITH, ARISING OUT OF, OR RELATING
TO (I) YOUR ACTUAL OR ALLEGED BREACH OF THIS AGREEMENT (II) YOUR ACTUAL OR
ALLEGED NEGLIGENT, WILFUL OR INTENTIONAL ACTIONS OR OMISSIONS ARISING OUT OF OR
RELATING TO YOUR REGISTRATION, VISITATION OR USE OF THIS SITE. THE INDEMNIFIED
PARTIES MAY, AT THEIR SOLE DISCRETION, CHOOSE TO PARTICIPATE IN THE DEFENSE OR
ANY MATTER OR CLAIM OR NEGOTIATED SETTLEMENT. NO SETTLEMENT THAT MAY HAVE THE
POTENTIAL TO AFFECT AN INDEMNIFIED PARTY S RIGHTS IN ANY WAY SHALL
BE ENTERED INTO WITHOUT SUCH INDEMNIFIED PARTY S PRIOR WRITTEN
APPROVAL.
LIMITATION OF
LIABILITY
ACCESS TO AND USE OF THIS WEBSITE IS PROVIDED ON AN AS IS
BASIS. YOU AGREE THAT TWBG AND ITS PARENT (IF ANY), SUBSIDIARIES, AFFILIATES,
SUCCESSORS, AND ASSIGNS, AND EACH OF THE FOREGOING S PAST, PRESENT AND FUTURE
OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, MANAGERS, PARTNERS, SHAREHOLDERS,
OWNERS, ASSOCIATES, JOINT VENTURERS, CONTRACTORS, ATTORNEYS, INSURERS, AGENTS
AND REPRESENTATIVES (INDIVIDUALLY AND COLLECTIVELY, THE LIMITED PARTIES ),
SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, OR FOR ANY INDEMNITY,
REGARDLESS OF THE NATURE OR CAUSE OF THE DAMAGES OR INDEMNITY, THAT ARISE OUT
OF OR RELATE TO YOUR VISITATION OR USE OF THIS SITE; PURCHASE, POSSESSION, USE
OR NONUSE OF MERCHANDISE, OR THE OFFERING OF CONTENT, INFORMATION, GOODS,
SERVICES, OR OTHER MATERIAL ON, OR ACCESSIBLE THROUGH, THIS WEBSITE AND/OR IN
ANY EMAILS, NEWSLETTERS, OR IN ANY EXTERNALLY-LINKED THIRD PARTY SITE. WITHOUT
LIMITING THE FOREGOING, THE LIMITED PARTIES SHALL NOT BE LIABLE FOR ACTUAL,
DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, AND/OR
CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER CAUSE, LOSS, ACTION, CLAIM, OR DAMAGE,
INCLUDING LOSS OF TIME, LOSS OF OPPORTUNITY, LOSS OF BUSINESS, LOSS OF
EARNINGS, OR INJURY TO PERSON (INCLUDING DEATH) OR PROPERTY.
DISCLAIMER OF ALL
OTHER WARRANTIES
ALL PRODUCTS, SERVICES, MATERIALS, INFORMATION, AND OTHER
CONTENT ON THIS SITE ARE PROVIDED ON AN AS IS BASIS. TWBG MAKES NO
REPRESENTATIONS OR WARRANTIES OF ANY TYPE, NEITHER EXPRESS NOR IMPLIED, AS TO
THE OPERATION OF THE SITE OR THE INFORMATION, MATERIALS, CONTENT, PRODUCTS, OR
SERVICES CONTAINED HEREIN. TWBG EXPRESSLY DISCLAIMS ALL WARRANTIES
OF ALL TYPES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
SITE USAGE POLICY
The Site may be used only for lawful purposes. The
transmission, storage, routing, or presentation of any information, data or
material in violation of any applicable local, state, or federal law or
regulation, or in violation of this Site Usage Policy is strictly prohibited.
Examples of such information, data, or material include unauthorized
reproduction, publication, distribution or other use of copyrighted works,
patents, inventions, trademarks, trade secrets; research, development, plans,
materials or other data that are prohibited by the United States Export Control
Regulations; or the dissemination of harmful, harassing, or fraudulent content.
Any conduct by any user that constitutes harassment, fraud, stalking, abuse, or
a violation of applicable law is strictly prohibited. Using the Site to
perform, or solicit the performance of, any illegal activity is also strictly
prohibited.
In addition to the forgoing, the following uses are strictly
prohibited and all users agree not to engage in such conduct, directly or
indirectly:
a. Posting or transmitting any unsolicited advertising,
promotional materials, junk mail, "spam," chain letters/emails,
telephone calls or any other form of solicitation to anyone.
b. Spamming any email address that appears on the Site.
c.
Posting any
multi-level-marketing, pyramid scheme, "club membership,"
distributorship or sales representative agency arrangement or other business or
commercial opportunity.
d. Including any hidden text in your postings, including words
in white or otherwise invisible font.
e. Deleting or revising any material posted by any other person
or entity.
f.
If you have a password
allowing access to a nonpublic area of the Site, you are prohibited from
sharing or disclosing it to any third party, and from allowing any third party
to access the Site under your account.
g. Using, or attempting to use, any engine, software, tool,
agent or other device or mechanism (including without limitation browsers,
spiders, bots, avatars or intelligent agents) to navigate or search the Site,
other than (i) the search engine and search agents
available on the Site, and (ii) generally available third party web browsers.
h. Accessing the Site by any means other than through the
interface that is provided for use in accessing the Site.
i.
Attempting to
decipher, decompile, disassemble or reverse engineer any of the software
comprising a part of the Site.
j.
Aggregating, copying
or duplicating in any manner any of the materials or information available from
the Site.
k. Framing of or linking to any of the materials or information
available from the Site.
Contact Us
In order to resolve a
complaint regarding the Company Services or to receive further information
regarding use of the Company Services, please contact Company as set forth
below or, if any complaint with us is not satisfactorily resolved, and you are
a California resident, you can contact the Complaint Assistance Unit of the
Division of Consumer Services of the Department of Consumer Affairs in writing
at 400 "R" Street, Sacramento, California 95814 or by telephone at
1-916-445-1254.
Tax Woes
Begone LLC
PO Box
270009
Houston TX
77277