TERMS OF USE
Acceptance of the Terms of Use
These terms of use are entered into by and between You and Optima Tax Relief LLC (“Company”, “We”, “Us”, “Our”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern Your access to an use of Company’s website and web based client portal, including any content, functionality, and services offered on or through optimataxrelief.com and/or the client portal (the “Website”), whether as a guest or registered user.
Please read the Terms of Use carefully before You start to use
the Website. By using the Website or by clicking to accept or agree to the
Terms of Use when this option is made available to You, You accept and agree to
be bound and abide by these Terms of Use and Our
Privacy Policy,
incorporated herein by reference.
If You do not want to agree to these Terms of Use or the Privacy
Policy, You must not access or use the Website.
By using this Website, You represent
and warrant that You are of legal age to form a binding contract with the
Company. If You are not of legal age to form a binding contract with the
Company, You must not access or use the Website.
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in
our sole discretion. All changes are effective immediately upon Us posting
them, and apply to all access to and use of the Website thereafter, except any
changes to the dispute resolution provisions set out in Governing Law and
Jurisdiction will not apply to any disputes for which the parties have actual
notice on or before the date the change is posted on the Website. You are
expected to check this page periodically so that You are aware of any changes.
Your continued use of the Website following the posting of revised Terms of Use
means that You accept and agree to the changes.
Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any
service or material We provide on the Website, in Our sole discretion without
notice. We will not be liable if for any reason all or any part of the Website
is unavailable at any time or for any period. From time to time, We may restrict access to some parts of the Website, or the
entire Website, to users, including registered users.
To access the Website or some of the resources it offers, You may be asked to provide certain registration details or
other information. It is a condition of Your use of the Website that all the
information You provide on the Website is correct, current, and complete. You
agree that all information You provide, and Your use of the Website, is
governed by Our Privacy
Policy [https://optimataxrelief.com/about-us/privacy/], and You consent to
all actions We take with respect to Your information consistent with Our
Privacy Policy.
Any user name, password, or any other piece of information You
utilize as part of Our security procedures to access the Website is
confidential, and You must not disclose it to any other person or entity. You
also acknowledge that Your account is personal to You and agree not to provide
any other person with access to this Website or portions of it using Your user
name, password, or any other security information. You agree to notify Us
immediately of any unauthorized access to, or use of, Your user name or
password or any other breach of security. You also agree to ensure that You
exit from Your account at the end of each session. You should use particular caution
when accessing Your account from a public or shared computer so that others are
not able to view or record Your password or other personal information.
We have the right to disable any user name, password, or other
identifier at any time, in Our sole discretion for any or no reason including
if, in Our opinion, You have violated any provision of these Terms of Use.
Intellectual Property Rights
The Website and its entire contents, features, and functionality
(including but not limited to all information, software, text, displays,
images, video, and audio, and the design, selection, and arrangement thereof)
are owned by the Company, its licensors, or other providers of such material
and are protected by United States and international copyright, trademark,
patent, trade secret, and other intellectual property or proprietary rights
law.
These Terms of Use permit You to use the Website for Your
personal, non-commercial use only. You must not reproduce, distribute, modify,
create derivative works of, publically display, publicly perform, republish,
download, store, or transmit any of the material on our Website, except as
follows: (i) Your computer may temporarily store
copies of such materials in RAM incidental to Your accessing and viewing those
materials; (ii) You may store files that are automatically cached by Your Web
browser for display enhancement purposes; (iii) You may print or download one
copy of a reasonable number of pages of the Website for Your own personal,
non-commercial use and not for further reproduction, publication, or
distribution; and (iv) You may print or download copies of documents provided
to You as part of the services We provide to You through Our Website or
web-based portal for Your records and Your own personal, non-commercial use.
You must not access or use any part of the Website or any services or materials
available through the Website for any commercial purposes, including reselling
and/or co-branding/private labeling.
If you print, copy, modify, download, or otherwise use or
provide any other person with access to any part of the Website in breach of
the Terms of Use, Your right to use the Website will
stop immediately and You must, at Our option, return or destroy any copies of
the materials You have made. With the exception of documents
You provide to Us and documents We prepare for You, such as tax returns, as
part of the services We provide, no right, title, or interest in or to the
Website or any content on the Website is transferred to You, and all rights not
expressly granted are reserved by the Company. Any use of the Website not
expressly permitted by these Terms of Use is a breach of these Terms of Use and
may violate copyright, trademark, and other laws.
Trademarks
The Company name and logo, and all related names, logos, product
and service names, designs, and slogans are trademarks of the Company or its
affiliates or licensors. You must not use such marks without the prior written
permission of the Company. All other names, logos, products and service names,
designs, and slogans on this Website are the trademarks of their respective
owners.
Prohibited Uses
You may use the Website only for lawful purposes and in
accordance with these Terms of Use. You agree not to use the Website: (i) in any way that violates any applicable federal, state,
local, or international law or regulation; (ii) to transmit, or procure the
sending of, any advertising or promotional material without prior written
consent, including any 'junk mail', 'chain letter', 'spam', or any other
similar solicitation; (iii) to impersonate or attempt to impersonate the
Company, a Company employee, or another user, or any other person or entity
(including, without limitation, by using email addresses or user names
associated with any of the foregoing); or (iv) to engage in any other conduct
that restricts or inhibits anyone's use or enjoyment of the Website, or which
as determined by Us, may harm the Company or users of the Website or expose
them to liability.
Additionally, You agree not to: (i)
use the Website in any manner that could disable, overburden, damage, or impair
the site or interfere with any other party's use of the Website, including
their ability to engage in real time activities through the Website; (ii) use
any robot, spider, or other automatic device, process, or means to access the
Website for any purpose; (iii) use any device or process to monitor or copy any
of the material on the Website or for any other unauthorized purpose without
Our prior written consent; (iv) introduce any viruses, Trojan horses, worms,
logic bombs, or other material that is malicious or technologically harmful;
(v) attempt to gain unauthorized access to, interfere with, damage, or disrupt
any parts of the Website, the server on which the Website is stored, or any server,
computer, or database connected to the Website; (vi) attack the Website via a
denial-of-service attack or a distributed denial-of-service attack; or (vii)
otherwise attempt to interfere with the proper working of the Website.
Changes to the Website
We may update the content on this Website from time to time, but
its content is not necessarily complete or up-to-date. Any of the material on
the Website may be out of date at any given time, and We are under no
obligation to update such material.
Information About You and Your Visits to the Website
All information We collect on this Website is subject to Our
Privacy Policy [https://optimataxrelief.com/about-us/privacy/]. By using the
Website, You consent to all actions taken by Us with
respect to Your information in compliance with the Privacy Policy.
Linking to the Website
You may link to Our homepage, provided You do so in a way that
is fair and legal and does not damage Our reputation or take advantage of it,
but You must not establish a link in such a way as to suggest any form of
association, approval, or endorsement on Our part without Our express written
consent. You agree to cooperate with Us in causing any unauthorized framing or
linking immediately to stop. We reserve the right to withdraw linking
permission without notice at any time in Our discretion.
Links from the Website
If the Website contains links to other sites and resources
provided by third parties, these links are provided for Your convenience only.
This includes links contained in advertisements, including banner
advertisements and sponsored links. We have no control over the contents of
those sites or resources, and accept no responsibility for them or for any loss
or damage that may arise from Your use of them. If You decide to access any of
the third-party websites linked to this Website, You
do so entirely at Your own risk and subject to the terms and conditions of use
for such websites.
Geographic Restrictions
The owner of the Website is based in the United States. We
provide this Website for use only by persons located in the United States. We
make no claims that the Website or any of its content is accessible or
appropriate outside of the United States.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant
that files available for downloading from the internet or the website will be
free of viruses or other destructive code. You are responsible for implementing
sufficient procedures and checkpoints to satisfy your particular requirements
for anti-virus protection and accuracy of data input and output, and for
maintaining a means external to our site for any reconstruction of any lost
data.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS
OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND
ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN 'AS IS'
AND 'AS AVAILABLE' BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES
ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY,
RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT
LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE
COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES
OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE,
OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER
THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR
THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL
OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR
OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY,
NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT
AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE
COMPANY, ITS AFFILIATES, OR THEIR LICENCORS, SERVICE PROVIDERS, EMPLOYEES,
AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY
LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO
USE, THE WEBSITE, AND WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH
OTHER WEBSITES, ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE
ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR
COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE
TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE
OR TO YOUR DOWNLOADING OF ANY MATERIAL POSED ON IT, OR ON ANY WEBSITE LINKED TO
IT, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR
PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND
SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF
BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA,
AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR
OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY
THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify, and hold harmless the Company,
its affiliates, licensors, and service providers, and its and their respective
officers, directors, employees, contractors, agents, licensors, suppliers,
successors, and assigns from and against any claims, liabilities, damages,
judgments, awards, losses, costs, expenses, or fees (including reasonable
attorneys' fees) arising out of or relating to Your violation of these Terms of
Use or Your use of the Website, including, but not limited to, any use of the
Website's content, services, and products other than as expressly authorized in
these Terms of Use or Your use of any information obtained from the Website.
Governing Law
All matters relating to the Website and these Terms of Use and
any dispute or claim arising therefrom or related thereto (in each case,
including non-contractual disputes or claims), shall be governed by and
construed in accordance with the internal laws of the State of California
without giving effect to any choice or conflict of law provision or rule.
Arbitration of Dispute
TO THE EXTENT ALLOWED BY LAW, YOU AND COMPANY EACH AGREE THAT
THEY MAY ONLY BRING CLAIMS AGAINST THE OTHER IN ARBIRATION AND IN HIS/HER OR
ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF ON A CLASS WIDE BASIS, FURTHER,
COMPANY AND YOU WAIVE ANY RIGHT TO TRAIL BY A JURY IN ANY LAWSUIT, OR OTHER
SIMILAR PROCEEDING.
(a) IN THE EVENT OF ANY CONTROVERSY, CLAIM OR DISPUTE BETWEEN
THE PARTIES ARISING OUT OF OR RELATING TO THESE TERMS OF USE, THE BREACH,
TERMINATION, ENFORCEMENT, INTERPRETATION OR VALIDITY THEREOF, INCLUDING THE
DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, OR
THE WEBSITE AND ANY CONTROVERSY, CLAIM OR DISPUTE ARISING PRIOR TO THIS
AGREEMENT OR AFTER ANY TERMINATION OF USE OF THE WEBSITE ARISING OUT OF OR IN
ANYWAY RELATED TO PHONE CALLS OR OTHER ATTEMPTED CONTACT, SHALL BE SOLELY
DETERMINED BY BINDING ARBITRATION IN ORANGE COUNTY, CALIFORNIA, OR IN THE
COUNTY IN WHICH YOU RESIDE, IN ACCORDANCE WITH THE LAWS OF THE STATE OF
CALIFORNIA FOR AGREEMENTS TO BE MADE AND TO BE PERFORMED IN CALIFORNIA, OR
UNDER THE LAWS OF THE STATE IN WHICH THE CLIENT RESIDES FOR ANY OTHER AGREEMENTS.
(b) ANY CLAIMANT
UNDER THIS ARBITRATION AGREEMENT MUST FIRST SUBMIT TO THE OTHER PARTY A WRITTEN
NOTICE OF THE CLAIMANT'S CLAIM AGAINST OR DISPUTE WITH THE OTHER PARTY, SUCH
NOTICE MUST INCLUDE ANY EXPLANATION OF THE CLAIM AND A STATEMENT OF THE CLAIMANT'S
REQUEST FOR RESOLUTION. THE PARTY RECEIVING THE CLAIM OR DISPUTE SHALL THEN BE
ENTITLED TO A PERIOD OF SIXTY (60) DAYS TO CURE SUCH CLAIM OR DISPUTE. IF THE
PARTIES ARE UNABLE TO RESOLVE THE CLAIM OR DISPUTE WITHIN SUCH 60-DAY PERIOD,
THEN THE CLAIM OR DISPUTE SHALL BE SOLELY RESOLVED, ON AN INDIVIDUAL,
NON-CLASS, BASIS BY BINDING ARBITRATION BEFORE A SINGLE ARBITRATOR. PRIOR TO
THE CLAIMANT COMMENCING ARBITRATION, THE PARTIES SHALL MUTUALLY AGREE UPON THE
ARBITRAL INSTITUTION THAT WILL ADMINISTER THE ARBITRATION. IN THE EVENT THAT NO
ARBITRAL INSTITUTION CAN BE AGREED UPON THEN THE PARTIES AGREE TO USE JAMS. THE
ARBITRATION SHALL BE ADMINISTERED PURSUANT TO THE MUTUALLY AGREED ARBITRAL
INSTITUTION'S RULE AND PROCEDURES AND A SINGLE ARBITRATOR WILL BE SELECTED
THEREFROM.
(c) THE ARBITRATOR SHALL BE NEUTRAL AND INDEPENDENT, LICENSED TO
PRACTICE LAW IN THE JURISDICTION WHERE THE ARBITRATION IS TAKING PLACE AND
SHALL COMPLY WITH THE ARBITRAL INSTITUTION'S CODE OF ETHICS AND HAVE EXPERIENCE
IN THE SUBJECT MATTER OF THE DISPUTE. THE ARBITRATOR SHALL HAVE THE AUTHORITY
TO GRANT ANY REMEDY OR RELIEF THAT THE ARBITRATOR DEEMS JUST AND EQUITABLE AND WITHIN
THE SCOPE OF THE AGREEMENT OF THE PARTIES PROVIDED IT IS INDIVIDUAL IN NATURE.
THE ARBITRATOR SHALL ISSUE A REASONED AWARD FOLLOWING THE APPLICABLE LAW AND
SUCH AWARD SHALL BE FINAL AND SHALL NOT BE SUBJECT TO VACATION OR MODIFICATION.
THE AWARD AND THE RECORD IN ARBITRATION SHALL BE CONFIDENTIAL, EXCEPT THAT - JUDGMENT
ON THE AWARD MADE BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING
JURISDICTION OVER THE PARTIES. IF EITHER PARTY FAILS TO COMPLY WITH THE
ARBITRATOR'S AWARD, THE OTHER PARTY MAY PETITION THE COURT FOR ENFORCEMENT. THE
PARTIES AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OF MORE THAN
ONE PERSON'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF
REPRESENTATIVE OR CLASS PROCEEDINGS. TO THE EXTENT PERMITTED BY LAW, THE
PARTIES SHALL BEAR THE COST OF ARBITRATION INCLUDING, ATTORNEY'S FEES,
SEPARATELY. IF THE ARBITRATOR DETERMINES THAT A PARTY HAS GENERALLY PREVAILED
IN THE ARBITRATION PRECEDING, THEN THE ARBITRATOR SHALL AWARD TO THAT PARTY ITS
REASONABLE ATTORNEY'S FEES AND LEGAL COSTS. IN THE EVENT A PARTY FAILS TO
PROCEED WITH ARBITRATION OR UNSUCCESSFULLY CHALLENGES THE ARBITRATOR'S AWARD,
THE OTHER PARTY IS ENTITLED TO COSTS OF SUIT, INCLUDING REASONABLE ATTORNEY'S
FEE FOR HAVING TO COMPEL ARBITRATION OR DEFEND OR ENFORCE THE AWARD. THIS
SECTION AND THE REQUIREMENT TO ARBITRATE SHALL SURVIVE ANY TERMINATION OF USE
OF THE WEBSITE.
(d) SHOULD ANY PROVISION OF THIS ARBITRATION AGREEMENT-EXCEPTING
THE REQUIREMNET THAT ARBITRATION PROCEED ON AN INDIVIDUAL BASIS ONLY-BE DEEMED
UNENFORCEABLE, IT SHALL BE DEEMED SEVERABLE AND THE REMAINDER OF THE
ARBITRATION AGREEMENT SHALL BE ENFORCED.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR
RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR
AFTER THE CAUSE OF ACTION OCCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS
PERMANENTLY BARRED.
Waiver and Severability
No waiver by the Company of any term or condition set out in
these Terms of Use shall be deemed a further or continuing waiver of such term
or condition or a waiver of any other term of condition, and any failure of the
Company to assert a right or provision under these Terms of Use shall not
constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or
other tribunal of competent jurisdiction to be invalid, illegal, or
unenforceable for any reason, such provision shall be eliminated or limited to
the minimum extent such that the remaining provisions of the Terms of Use will
continue in full force and effect.
Entire Agreement
The Terms of Use and Our Privacy Policy constitute the sole and
entire agreement between You and Company regarding the Website and supersede
all prior and contemporaneous understandings, agreements, representations, and
warranties, both written and oral, regarding the Website.
