Subject to a User's acceptance of all terms and conditions of the TaxVid Service and timely payment of all subscription fees from time to time imposed by TaxVid, such User's use of the TaxVid Service shall be on the following terms and conditions.
4.1 Use of the TaxVid Service by Any User
(a) By viewing the TaxVid Service, you confirm that you have been issued a password directly by TaxVid to access the TaxVid Service or you have received a password directly from the accountant or tax professional Subscriber to view the TaxVid Service for informational purposes only.
(c) You agree that under no circumstances shall you provide any personally identifiable information such as name, address, email address or phone number to TaxVid, unless ordering or inquiring about one of our services and to provide this information for branding your Subscription. As a Subscriber, you agree to maintain your account and provide a valid address including a valid email and valid phone number at all times. This valid contact information is required at all times.
(d) You agree to use the TaxVid Service for informational purposes only and will not use the TaxVid Service as a substitute for a professional's review and advice for anyone's tax situation. You acknowledge that TaxVid does not provide tax or accounting advice and TaxVid shall not be liable to you for any misinterpretation or misunderstanding of the TaxVid Service by you or any other party. If you are a tax professional you should review the Service or you should discuss any TaxVid Service content you view with your tax professional and look to a tax professional for any tax advice and to determine the applicability, risks and benefits of any information described in the TaxVid Service. You are solely responsible for discussing the cost of all services and determining if any video content is applicable to your situation.
4.4 Each user of the TaxVid Service shall obtain and maintain liability and professional liability insurance coverage in reasonable and customary amounts for its respective profession or industry.
5.1 TAXVID DOES NOT WARRANT THAT THE SITE OR MATERIALS WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVER AND THE MATERIALS ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS. IF YOUR USE OF THE SITE OR THE MATERIALS RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, TAXVID IS NOT RESPONSIBLE FOR THOSE COSTS.
5.2 THE INFORMATION CONTAINED IN THE MATERIALS IS FOR GENERAL INFORMATION ONLY. ALL INFORMATION IN THE MATERIALS IS PROVIDED WITH THE UNDERSTANDING THAT THE MATERIAL CONTENTS SHALL NOT BE USED AS FINANCIAL, LEGAL, ACCOUNTING, TAX, OR OTHER PROFESSIONAL ADVICE OR SERVICES OF ANY KIND. AS SUCH, THIS VIDEO SHOULD NOT BE USED AS A SUBSTITUTE FOR CONSULTATION WITH A FINANCIAL, ACCOUNTING, TAX, LEGAL PROFESSIONAL OR OTHER COMPETENT ADVISER. THE USE OF THE INFORMATION PROVIDED IN THIS SITE DOES NOT ESTABLISH ANY CONTRACTUAL OR OTHER FORM OF PROFESSIONAL ENGAGEMENT BETWEEN TAXVID OR USER OF THE TAXVID SERVICE AND THE VIEWER OF THE SITE OR ANY OF THE MATERIALS.
5.3 THE SITE AND MATERIAL ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TAXVID, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TaxVid MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIALS, SERVICES, SOFTWARE, TEXT, GRAPHICS, OR LINKS CONTAINED IN THE SITE.
IN NO EVENT WILL TAXVID, ANY OF ITS SUPPLIERS OR ANY THIRD PARTY MENTIONED ON THE SITE BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR DAMAGES (INCLUDING WITHOUT LIMITATION ANY, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR OTHER DAMAGES) RESULTING FROM THE USE OR INABILITY TO USE THE SITE OR USE OF THE MATERIALS, INCLUDING WITHOUT LIMITATION, THE TAXVID SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TAXVID IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, OR THE EXCLUSION OF IMPLIED WARRANTIES. THEREFORE SOME OF THE LIMITATIONS SET FORTH IN THE SECTIONS ENTITLED "DISCLAIMER" AND "LIMITATION OF LIABILITY" MAY NOT APPLY TO YOU.
The United States controls the export of products and information. You agree to comply with such restrictions and not to export or re-export the Materials to countries or persons prohibited under the export control laws.
11.1 SUBSCRIPTION PLAN. The prices, features, and options of the TaxVid Services depend on the Subscription Plan you select as well as any changes instigated by you. TaxVid does not warrant that a particular Subscription Plan will be offered indefinitely and reserves the right to change the prices for or alter the features and options in a particular Subscription Plan without notice.
11.2 NO REFUNDS. You will timely pay TaxVid all fees associated with your Subscription Plan, Account or use of the TaxVid Services. Your payments are non-refundable and there are no refunds for partially used periods, except as expressly provided in Section 12 of this Agreement.
11.3 RECURRING CHARGES. When you purchase a Subscription Plan, you must provide accurate and complete information for a valid payment method, such as a credit card, that you are authorized to use. You must promptly notify us of any change in your invoicing address and must update your Account with any changes related to your payment method. By completing your registration for a subscription plan, you authorize TaxVid or it's agent to charge your payment method on a recurring (yearly or monthly) basis ("Authorization") for (a) the applicable Subscription Plan charges; (b) any and all applicable taxes; and (c) and other charges incurred in connection with your use of the TaxVid services. The Authorization continues through your Subscription Term and any Renewal Term (as defined in Section 12.2, below) until you cancel as set forth in Section 12 of this Agreement.
11.4 LATE FEES & COLLECTION CHARGES. If TaxVid does not receive payment from your payment method, you agree to pay all amounts due upon demand. Any amount not paid when due will be subject to finance charges equal to 1.5% of the unpaid balance per month or the highest rate permitted by applicable law, whichever is less, determined and compounded daily from the date due until the date paid. You will reimburse any costs or expenses (including, but not limited to, reasonable attorneys' fees) incurred by TaxVid to collect any amount that is not paid when due. TaxVid may accept payment in any amount without prejudice to TaxVid's right to recover the balance of the amount due or to pursue any other right or remedy. Amounts due to TaxVid may not be withheld or offset by you for any reason against amounts due or asserted to be due to you from TaxVid.
11.5 INVOICES. TaxVid will provide billing in a format we choose, which may change from time to time. TaxVid reserves the right to correct any errors or mistakes that it identifies even if it has already issued an invoice or received payment. You agree to notify us about any billing problems or discrepancies within thirty (30) days after they first appear on your invoice. If you do not bring such problems/discrepancies to our attention within thirty (30) days, you agree to waive your right to dispute such problems or discrepancies.
11.6 BILLING CYCLES. The subscription fee for the TaxVid service will be billed upon subscription purchase and every year or month thereafter unless and until you cancel your subscription service. We automatically bill your Payment Method each and every year or month on the date corresponding to the commencement of your paying subscription. Subscription fees are fully earned upon payment. We reserve the right to change the timing of our billing, in particular, as indicated below, if your Payment Method has not successfully settled. Your renewal date may change due to changes in your Subscription.
11.7 PAYMENT METHODS. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, "Termination" below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates.
11.8 TAX RESPONSIBILTY. All payments required by this Agreement are stated exclusive of all taxes, duties, levies, imposts, fines or similar governmental assessments, including sales and use taxes, value-added taxes ("VAT"), goods and services taxes ("GST"), excise, business, service, and similar transactional taxes imposed by any jurisdiction and the interest and penalties thereon, excluding taxes based on TaxVid's net income (collectively, "Taxes"). You shall be responsible for and bear Taxes associated with its purchase of, payment for, access to or use of the TaxVid Services. Taxes shall not be deducted from the payments to TaxVid, except as required by law, in which case you shall increase the amount payable as necessary so that after making all required deductions and withholdings, TaxVid receives and retains (free from any Tax liability) an amount equal to the amount it would have received had no such deductions or withholdings been made. You hereby confirm that TaxVid can rely on the name and address set forth in your registration for a Subscription Plan as being the place of supply for sales tax purposes. TaxVid's and your obligations under this Section 5.8 (Tax Responsibility) shall survive the termination or expiration of this Agreement.
12.1 TERM. The Term of this Agreement begins on the date you accept it and continues until your Subscription Plan expires or your use of the TaxVid Services ceases (including as a result of termination in accordance with this Section 12), whichever is later.
12.2 SUBSCRIPTION TERM AND AUTOMATIC RENEWALS. Our Subscription Plans automatically renew unless they specify otherwise. If you purchase a Subscription Plan it will automatically renew, unless, prior to the end of the current Subscription Term: (a) you terminate your Subscription Plan; (b) TaxVid declines to renew your Subscription Plan, or (c) this Agreement is otherwise properly terminated as expressly permitted herein. Each renewal period is a "Renewal Term." You authorize us to collect the then-applicable fees and any taxes for a Renewal Term. Subscription Plan fees and features may change over time.
12.3 TERMINATION BY CUSTOMER. You may terminate your Subscription Plan at any time upon ten (10) days' advance written notice to TaxVid via email at email@example.com. Section 11.2 notwithstanding, if you terminate your annual Subscription Plan within the first thirty (30) days of the Renewal Term, you may submit a written request to TaxVid via email at firstname.lastname@example.org for a refund of the fees paid by you to TaxVid. There will be no refunds for cancellations made outside of the first 30 days of the Renewal Term.
12.4 TERMINATION BY TAXVID. TaxVid may terminate this Agreement or the Services at any time with or without cause, and with or without notice. Upon termination, TaxVid at it's discretion will provide you with an appropriate refund of the annual payment. Except for such refund, TaxVid shall have no liability to you or any third party because of such termination. If TaxVid terminates this agreement because you are in default of this agreement, no refund will be issued. You will be in default of this Agreement if: (a) you fail to timely pay any amount owed to us; (b) you or an Authorized User associated with your Account breach any provision of this Agreement or violate any published policy applicable to the TaxVid Services; (c) you are or become subject to any proceeding under the Bankruptcy Code or similar laws; or (d) if, in our sole discretion, we believe that continued use of the TaxVid Services by you (or your Authorized Users) creates legal risk for TaxVid or presents a threat to the security of the TaxVid Services or TaxVid's customers. If you are in default, we may, without notice to you: (a) suspend your Account and use of the TaxVid Services; (b) withhold refunds and terminate your Account; (c) charge reactivation fees in order to reactivate your Account; and (d) pursue any other remedy available to us.
12.5 EFFECT OF TERMINATION. If this Agreement expires or is terminated for any reason: you will pay to TaxVid any amounts that remain unpaid, as of the date of the termination or expiration, including those for the billing cycle in which termination occurs.
We reserve the right to modify these terms at any time, so please review it frequently. If we make material changes to the terms, we will notify you here, by email, or by means of a notice on our home page.