Acceptance of Terms
The TaxHell.com and TaxHeaven.com websites (collectively, the “Websites” and each a "Website") are owned and operated by TaxHell.com LLC (“TaxHell”). Your use of either Website or the TaxHell telephone, email, fax line or chat line call center services (collectively, the "Services") are subject to these terms and conditions (“Agreement”). By accessing or using either Website or Services, you agree to follow and be bound by this Agreement. Your use of either Website or the Services offered through each Website may also subject to additional rules, guidelines, disclaimers or terms of service. Should there be a conflict between any other such rule, guidelines, or terms of service and this Agreement, the provisions of this Agreement shall govern.
Confidentiality and Privacy
TAXHELL IS NOT AN ACCOUNTING FIRM OR LAW FIRM AND THERE IS NO CONFIDENTIALITY OR ATTORNEY-CLIENT PRIVILEGE BETWEEN YOU AND TAXHELL. ANY INFORMATION YOU TRANSMIT USING TAXHELL IS DONE ON A NON-CONFIDENTIAL BASIS AND SUCH INFORMATION COULD BE OBTAINED THROUGH COURT ORDER, SUBPOENA OR LEGAL DISCOVERY IN A TRIAL. THEREFORE, DO NOT PROVIDE TAXHELL WITH ANY CONFIDENTIAL INFORMATION ABOUT YOUR AUDIT, TAX CASE OR LEGAL ISSUE.
TaxHell is not an accounting firm or law firm. TaxHell does not and cannot provide any accounting or legal advice or services. Rather, TaxHell identifies tax professionals (accountants, enrolled agents and attorneys) based on information you provide and provides a list of potential matches to you. TaxHell does not receive any percentage or portion of any fees you pay to an accountant, enrolled agent or attorney located through TaxHell, or any amount from any damages award or settlement award. Should you hire an accountant, enrolled agent or attorney using TaxHell services, you acknowledge and agree that the payment terms of any accountant, enrolled agent or attorney are entirely separate from TaxHell. TaxHell cannot and does not represent or warrant that you will find an accountant, enrolled agent or attorney right for your case. TaxHell does not represent or warrant the quality of services provided by any accountant, enrolled agent or attorney or the outcome of your case.
Conduct and Account Obligations
You agree to provide accurate and current information about yourself as prompted by any online forms or TaxHell telephone representatives. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may, in our sole discretion, suspend or terminate your account and decline to permit your continued use of the TaxHell services. TaxHell and its associates reserve the right to refuse service in their sole discretion for any reason.
You agree not to solicit any products or services directly or indirectly through TaxHell, whether online or through a TaxHell telephone representative. You may not use false contact information, impersonate any person or entity, or otherwise mislead as to the origin of information submitted to TaxHell. You agree to indemnify TaxHell for any and all losses, including incidental and consequential damages or claims that arise from your illegal or improper use either Website or Services.
You are responsible for maintaining the confidentiality of your password and Login, and are fully responsible for all activities that occur under your Account Information. You agree that your Account Information may be used to attribute an electronic record and electronic signature to you. Therefore, you shall not disclose your Account Information to third parties. You agree to notify us immediately of any unauthorized use of your Account Information or any other breach of security. TaxHell shall not, in any manner, be responsible or liable for fraudulent purchases that are made using your compromised Account Information.
Termination or Suspension of Account or Services
TaxHell may immediately issue a warning, suspend or terminate your access to either Website or Services for breach of this Agreement (or any other agreement or policy incorporated by reference herein), or if we are unable to verify or authenticate any information you provide to us, or for any other reason in our discretion.
Modifications to Website, Services and Content
TaxHell reserves the right to modify in part or in whole, or temporarily or permanently discontinue this Website and/or Services or any content contained therein for any reason and at anytime without notice to you. TaxHell reserves the right to delete, modify or supplement the content of this Website or the Services at any time for any reason without notification to anyone. TaxHell is not liable to you or any third party for modifications, suspension or discontinuance of any Services or content offered on this Website. Any amended or modified terms will be effective upon posting. TaxHell reserves the right to make changes to this Website, including information and pricing, at any time without notice. Continued use of either Website constitutes acceptance of any modified terms and conditions.
Website and Telephone Availability
TaxHell periodically schedules system downtime for maintenance and other purposes and either Website or Services may be unavailable due to unplanned system outages as well as scheduled downtime. TaxHell shall have no liability whatsoever for the resulting unavailability of either Website or telephone operator services; or for any loss of data or transactions caused by planned or unplanned system outages or the resultant delay, misdelivery, or nondelivery of information caused by such system outages.
Website Content Warranty and Disclaimer of Warranties
Third Party Content and Links
The Website may contain hyperlinks to websites controlled by parties other than TaxHell. TaxHell is not responsible for and does not endorse or accept responsibility over the contents, opinions expressed or use of any of these Websites. TaxHell makes no representations or warranties with regard to the products, services or content of any such third parties.
The content of the Websites, such as text, graphics, logos, audio clips, video, photographs, software, and other information (the "Content") are the property of TaxHell and/or its affiliates or partners, and is protected by federal and international copyright and trademark laws, or other proprietary rights. These rights are protected in all forms, media and technologies existing now or hereinafter developed. You may print and download portions of the Content from the different areas of either Websites solely for your personal non-commercial use. No portion of the Content may be reprinted, republished, modified, or distributed in any form without the express written permission of TaxHell.
You may not reproduce, reverse engineer, decompile, disassemble, modify, transmit, sell, distribute, license or create derivative works with respect to either Website. Certain Content may be licensed from third parties and all such third party Content and all intellectual property rights related to the third party Content belong to the respective third parties. You may not remove, alter or modify any copyright, trademark, software or other intellectual property or proprietary notice or legend contained on either Website or the Content.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL WE OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE WEBSITE OR PROVIDING PRODUCTS OR SERVICES THROUGH THE WEBSITE OR TELEPHONE CALL CENTER BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES) THAT RESULT FROM (I) THE USE OF OR INABILITY TO USE THE WEBSITE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE MERCHANDISE AND SERVICES RESULTING FROM ANY MERCHANDISE, DATA, CONTENT OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS, WARRANTIES, GUARANTEES OR CONDUCT OF TAXHELL OR ANY THIRD PARTY ON THE WEBSITE, INCLUDING BUT NOT LIMITED TO STATEMENTS ABOUT THE USE OR FUNCTIONALITY OF ANY MERCHANDISE PURCHASED THROUGH THE WEBSITE; OR (V) ANY OTHER MATTER RELATING TO THE WEBSITE.
YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE WEBSITE OR TELEPHONE CALL CENTER. IN NO EVENT SHALL TAXHELL'S TOTAL CUMULATIVE LIABILITY UNDER THESE TERMS EXCEED THE LESSER AMOUNT OF ANY FEES PAID, IF ANY, TO TAXHELL FOR THE USE OF THE WEBSITE BY YOU OR $1.00. BECAUSE SOME STATES MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE LEAST AMOUNT PERMITTED BY LAW.
You agree to indemnify, defend and hold TaxHell and its affiliates, officers, directors, employees, attorneys, and agents harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including actual attorneys' fees) resulting from (a) your use, misuse or abuse of either Website, (b) your use or misuse of services provided through either Website, or (c) your breach of any provision of this Agreement. You agree to cooperate as fully as reasonably required in TaxHell's defense of any claim. TaxHell reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of TaxHell.
Applicable Law/International Issues
Information that is submitted to this Website or provided to a TaxHell representative will be collected, processed, stored, disclosed and disposed of in accordance with applicable U.S. law. If you are a non-U.S. User, you acknowledge and agree that we may collect and use your information, as discussed above, outside your resident jurisdiction. In addition, such information may be stored on servers located outside your resident jurisdiction. U.S. law may not provide the degree of protection for information that is available in other countries. By providing us with your information, you acknowledge that your have read this Agreement, understand it, agree to its terms and consent to the transfer of such information outside your resident jurisdiction. If you do not consent to the terms of this Agreement, please do not use this Website, but if you have already provided us with information, please contact us and let us know how you would like us to handle such information.
Governing Law and Jurisdiction
This Agreement shall be governed and interpreted in accordance with the laws of the United States and the state of Wisconsin. Any disputes arising out of this Agreement shall be adjudicated in a court of competent jurisdiction in the Eastern District of the state of Wisconsin.