1. Definitions
    • The term “Service” refers to the services provided by the Company, including without limitation access to the Company’s articles and content, providing a list of Licensed Tax Professional, and referrals.
    • The term “Agreement” (which may also be referenced herein as these “Terms of Use”) refers, collectively, to all the terms, conditions, and notices contained or referenced in this document.
    • The “Website” refers to The Company’s website located at https://www.taxcure.com, all subpages and subdomains, and all content, services, and products available at or through the Website.
    • The “Company,” “We,” and “Us” refers to TaxCure, LLC as well as our affiliates, directors, members, subsidiaries, officers, and employees. Licensed Tax Professionals are not employed by or part of the Company.
    • The “User,” “You” and “Your” refer to the person, company, or organization that has visited or is using the Website and/or the Service. A User may be a Tax Client, a Licensed Tax Professional, both, or neither.
    • “Licensed Tax Professionals” refer to licensed tax professionals in the tax field who may communicate with and provide services to Tax Clients. Licensed Tax Professionals are not the employees or agents of the Company.
    • “Tax Clients” use the service to find, research, or obtain a referral to a Licensed Tax Professionals. Licensed Tax Professionals may establish terms of the relationship with the Tax Client via a signed engagement letter or other written agreement.
    • “Content” refers to content featured or displayed through the Website, including without limitation text, documents, information, data, articles, opinions, images, photographs, graphics, software, applications, video recordings, audio recordings, sounds, designs, features, and other materials that are available on the Website. Content includes, without limitation, User-Generated Content, which may be submitted by any User (Tax Client or Licensed Tax Professional).
  2. Agreement. All use of this website, including all content, information and services provided on this Website, is subject to the following terms of use ("Terms"), which constitute a legal agreement between you and the Company. By accessing, browsing or using this website, you acknowledge that you have read, understood and agree to be bound by these Terms. We may update these Terms at any time, without notice to you. Each time you access this website, you agree to be bound by the Terms then in effect.
  3. About the Service
    • The Service is a platform for collaboration and communication between licensed tax professionals and those seeking tax assistance. The Company provides access to its virtual community of professional Licensed Tax Professionals.
    • The Company is not a law firm, a licensed enrolled agent, accounting firm, or a tax resolution firm. The Company does not offer tax representation. The Company does not offer any tax advice, tax opinions, recommendations, or counseling. Licensed Tax Professionals are not the employees or agents of the Company. The Company is not involved in agreements between Users or in the representation of Users. At no point may the Company be held liable for the actions or omissions of any Licensed Tax Professional performing services for you.
    • The Company is not an attorney or tax specialist referral service or employment agency. The Company does not select or endorse any individual Licensed Tax Professional to service a Tax Client. While the Company uses commercially reasonable efforts to confirm that registered Licensed Tax Professionals are appropriately licensed, we do not make any warranty, guarantee, or representation as to the ability, competence, quality, or qualifications of any Licensed Tax Professional. The Company does not warrant or guarantee that Licensed Tax Professionals are covered by professional liability insurance. The Company encourages Tax Clients to research any Licensed Tax Professional before accepting professional advice.
    • The Company does not vouch for any of its Users or Licensed Tax Professionals. The Company simply provides a platform on which those seeking tax assistance may research, communicate and transact with Licensed Tax Professionals. The Company does not endorse any of its Licensed Tax Professionals and does not sanction statements that Licensed Tax Professionals may make.
    • The Company does not guarantee results. From time to time, Tax Clients may submit reviews of Licensed Tax Professionals; these reviews do not constitute a guarantee, warranty, or prediction regarding the outcome of any future tax matter. The Company will have no responsibility or liability of any kind for any Content or tax advice you encounter on or through the Website, and any use or reliance on Content or Tax advice is solely at your own risk.
  4. User Responsibilities. You, and you alone, are responsible for your account and anything that happens while you are signed in to or using your account. Your security is your responsibility.
    • User Account Security. If you sign up for the Service, you will create a personalized account which includes a unique username and a password to access the Service and to receive messages from The Company. You are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You agree to notify The Company immediately of any unauthorized use of account, or any other breaches of security. We will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your computer, mobile device, or other computing device and/or account.
    • Because we cannot guarantee the fitness of any of our Licensed Tax Professionals for your specific needs, we encourage Tax Clients to research any Licensed Tax Professional before accepting professional advice. Tax Clients may also request a written Tax engagement agreement specifying the terms, scope, limitations, and conditions of the representation.
    • Content posted on the Website, such as blog posts, are provided for informational purposes only, with no assurance that the Content is true, correct, or accurate. Content is not a substitute for professional tax advice or a solicitation to offer tax advice regarding specific facts. You should not delay or forego seeking tax advice or disregard professional tax advice based on Content. Delay in seeking such tax advice could result in waiver of any defenses or additional interest and penalties you may have. Content is not regulated by any state or national bar association.
    • Compliance with Laws. You represent and warrant that: (i) your use of the Service will be solely for purposes that are permitted by this Agreement; (ii) your use of the Service will not infringe or misappropriate the intellectual property rights of any third party; and (iii) your use of the Service will comply with all local, state and federal laws, rules, and regulations, and with all other Company policies.
    • Errors and Inaccuracies. We are constantly updating the Website. We may experience delays in updating information. The information found on the Website may contain errors or inaccuracies and may not be complete or current. Licensed Tax Professional services may be described inaccurately or may be unavailable. We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
  5. Use and Conduct. You are allowed to use the service as long as you follow a few basic rules. The following Use Restrictions and Conduct Restrictions are the basic rules we expect users to follow while using the Website. We are not responsible for the content our users post, and we have the right to close accounts if we need to.
    • Prohibited Content. You agree that you will not under any circumstances use the Website in a way that:
      • is unlawful or promotes unlawful activity
      • defames, harasses, abuses, threatens, or incites violence towards any individual or group
      • is pornographic, discriminatory, or otherwise victimizes or intimidates an individual or group on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability
      • is spam, is machine- or randomly-generated, constitutes unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
      • contains or installs any viruses, worms, malware, Trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;
      • infringes on any proprietary right of any party, including patent, trademark, trade secret, copyright, right of publicity, or other rights
      • impersonates any person or entity, including any of our employees or representatives;
      • violates the privacy of any third party;
      • intentionally or unintentionally uses any of the content, information or services on this Website in a manner contrary to or in violation of any applicable international, national or local law, rule or regulation having the force of law, including privacy laws and any rules of any national or other securities exchange, including the New York Stock Exchange, the American Stock Exchange or the NASDAQ; or
      • could harm, infect, take over, disable, overburden or otherwise impair any of the computer systems connected to or used for this Website.
    • Users Must Be Over Age 18. You represent that you are over the age of 18. The Company does not target our Content to children or teenagers under 18, and we do not permit any Users under 18 on our Service. If we learn of any User under the age of 18, we will terminate that User’s account immediately.
    • Any liability, loss or damage that occurs as a result of any User interactions is solely your responsibility. At our discretion, we, or technology we employ, may monitor and/or record your general interactions with the Service.
    • Right to Terminate Accounts. We have the right (though not the obligation) to, in our sole discretion, determine whether or not any User conduct is appropriate and complies with these Terms of Use, or terminate or deny access to and use of the Service to any User for any reason, with or without prior notice.
  6. User-Generated Content. You own your content, but you allow us certain rights to it, so that we can display and share the content you post. We have the right to remove content if we need to.
    • You may create content, written or otherwise, while using the Service. You are solely responsible for the content of, and any harm resulting from, any Content that you post, upload, link to or otherwise make available via the Service, regardless of the form of that content. Any liability, loss or damage that occurs as a result of the use of any Content that you make available or access through your use of the Service is solely your responsibility. We are not responsible for any public display or misuse of your Content.
    • You represent and warrant that you have the right to post all Content you submit. Specifically, you warrant that you have fully complied with any third party licenses relating to Content and have taken all steps necessary to pass through to end users any required terms.
    • We have the right (though not the obligation) to, in our sole discretion, determine whether or not any Content appropriate and complies with these Terms of Use, or refuse or remove any Content that, in our reasonable opinion, violates any Company policy or is in any way harmful, inappropriate, or objectionable. The Company further reserves the right to make formatting and edits and User Responsibilities change the manner any Content is displayed on the Website.
  7. Licensed Tax Professionals. Licensed Tax Professionals are independent tax professionals who offer to perform services for prospective Tax Clients. They are not employees of the Company.
    • Use of the Company Website may not form an attorney-client relationship with Licensed Tax Professionals. Information posted or made available on or through the Website, including, without limitation, any responses to tax questions posted on the Website; information posted by the Company; information posted publicly on the Website; or information sent in an unsolicited message to a User is not intended as tax advice, is not confidential, and does not create an attorney-client relationship.
    • An attorney/CPA/tax professional-client relationship may only be formed when the User independently retains the Licensed Tax Professional.
    • Licensed Tax Professionals are solely responsible for ensuring that any information, solicitations, or advertisements they post or place on the Website, including without limitation Content, and any communications they may have with prospective clients through the Website or the Service, fully comply with all applicable laws and rules of professional conduct, including those concerning the unauthorized practice of law and those regulating the form, manner or content of communications with clients, advertising, or other matters.
    • Payment of Licensed Tax Professionals. Certain specific terms govern Licensed Tax Professionals and payment.
      • The Company Is Not A Party To Contracts. Tax Clients may contract with Licensed Tax Professionals. Such contracts are solely between the Tax Client and the Licensed Tax Professional.
      • All Tax Fees Are Paid To Licensed Tax Professionals. The Company does not provide Tax services and does not charge for Tax services.
  8. Third Party Content. There may be content from third parties on the Company’s website, such as blog posts written by other users or links to other websites. Because we cannot control that content, we are not responsible for that content or for the websites that content may link to.
    • Access To Third Party Content. By using the Website, you will be able to access Content belonging to or originating from third parties (“Third Party Content”). Your use of the Website is consent for The Company to present this Content to you. You acknowledge all responsibility for, and assume all risk for, your use of Third Party Content.
    • No Responsibility For Third Party Content. As part of the Service, The Company may provide you with convenient links to third party website(s) as well as other forms of Third Party Content. We have no control over third party websites or content or the promotions, materials, information, goods or services available on them. By linking to such content, we do not represent or imply that we adopt or endorse, nor are we responsible for, the accuracy or reliability of any opinion, advice, or statement made by parties other than the Company. We are not responsible for any Third Party Content accessed through our Website. If you decide to leave the Website and access Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any such content.
    • No Authorization To Use Third Party Content. This Agreement does not authorize you to distribute, publicly display, publicly perform, make available, alter, or otherwise use any Third Party Content.
  9. Copyright Infringement and DMCA Policy. If you believe that material located on or linked to by the Company violates your copyright, please notify The Company in accordance with our Digital Millennium Copyright Act Policy.
    • Termination of Repeat Infringer Accounts. The Company respects the intellectual property rights of others and requests that our Users do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, we will terminate a User’s access to and use of the Website if, under appropriate circumstances, the user is determined to be a repeat infringer of the copyrights or other intellectual property rights of The Company or others. We may terminate access for participants or users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.
    • DMCA Take-Down Notices. If you are a copyright owner or an agent of a copyright owner and believe, in good faith, that any materials provided on the Service infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C § 512) (“DMCA”) by sending a properly formatted take-down notice in writing via email to the Company at [email protected] with a copy to 55 Merritt Boulevard, Suite 115, Trumbull, CT 06611.
  10. Intellectual Property Notice. The Company retains all ownership of our intellectual property, including our copyrights, patents, and trademarks.
    • No Transfer. The Company retains ownership of all intellectual property rights of any kind related to the Website and Service, including applicable copyrights, trademarks and other proprietary rights. Other trademarks, service marks, graphics and logos used in connection with the Website and the Service may be the trademarks of other third parties. This Agreement does not transfer from us to you any The Company or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with us. We reserve all rights that are not expressly granted to you under this Agreement.
    • Specifically, the Company, taxcure.com, and all other trademarks that appear, are displayed, or are used on the Website or as part of the Service are registered or common law trademarks or service marks of the Company. These trademarks may not be copied, downloaded, reproduced, used, modified, or distributed in any way without prior written permission from The Company, except as an integral part of any authorized copy of the Content.
  11. Advertisers. This website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on this website is accurate and complies with applicable laws. The Company will not be responsible for the illegality of, or any error or inaccuracy in, advertisers' or sponsors' materials, or for the acts or omissions of such advertisers or sponsors.
  12. Email Communications. We use email and electronic means to stay in touch with our users.
    • Electronic Communications Required. For contractual purposes, you (i) consent to receive communications from the Company in an electronic form via the email address you have submitted or via the Service; and (ii) agree that all Terms of Use, agreements, notices, disclosures, and other communications that The Company provides to you electronically satisfy any requirement that such communications would satisfy if it were in writing. This section does not affect your non-waivable rights.
  13. Indemnification. You agree to defend, indemnify and hold the Company harmless, and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.
  14. Governing Law. Except to the extent applicable law provides otherwise, this Agreement between you and The Company and any access to or use of the Website or the Service are governed by the federal laws of the United States of America and the laws of the State of Connecticut, without regard to conflict of law provisions. You and The Company agree to submit to the exclusive jurisdiction and venue of the state and federal courts located in the State of Connecticut.
  15. Limitation of Term of Action. You agree that any cause of action related to or arising out of your relationship with The Company must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
  16. Disclaimer of Warranty
  17. Contact Us. If you have any questions about these Terms, please contact the Company via email or phone.

Updated: 7-11-2022