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A. The Terms
1. Acceptance of Terms Welcome to www.ExodusTax.com, Exodus Answers ("Service" or "Site") owned and operated by Exodus Tax & Business Services, LLC. ("ET&B"). By using the Site in any way, you are agreeing to comply with and be bound by this Agreement, any related agreements, and all rules, policies and disclaimers (including FAQs) posted on the Site or about which you are notified (collectively "Terms"). If you do not agree with all the Terms, do not use the Site. Please review all of the Terms carefully before using the Site. By using the Site, you (i) agree to be bound by the Terms
and (ii) represent that you are over the age of 18 and able to form legally
binding contracts.
2. Definitions In the Terms, "User," "you" and "your" refer to the individual or entity that creates a www.ExodusTax.com account. "Exodus Answers," "we," "us" and "our" refer to ET&B. "Customer" refers to the person who asks a question on the Site. "Tax Law Professional and Business Development Specialist" refers to the person who will provide answers on the Site. 3. Right to Modify ET&B may change, revise or modify any of the Terms at
any time by posting them on the Site. Changes shall automatically be effective
upon posting. Your continued use of the Service will signify your acceptance of
the changes. If you do not accept the changes, your sole and exclusive remedy
is to discontinue using the Site and cancel your service. The latest Terms will
be posted on the Site, and you should always review them prior to using the
Site.
B. The Website 4. Exodus Answers Is Part of the Proprietary ExodusTax.com website The Exodus Answers portion of the Site is for informational
and educational purposes to allow Customers to ask questions and a Tax Law
Professional and Business Development Specialists to answer them.
5. Posts Not Private or Confidential; Anonymity The Site is an Internet-based website. Information submitted in the content of your questions, answers, requests for information, and/or responses, is not private or confidential and may be read, collected, and used by others. To better protect your privacy, use an anonymous user name and do not include information regarding your identity or contact information in your Posts. 6. Information Not Advice; No Client-Professional Relationship Answers on this Site are to be used for general information
purposes only, not as a substitute for in-person evaluation or specific
professional or legal advice. The laws, regulations, other governing authorities,
standards, practices and procedures that apply to your particular question may
differ depending on your location and information typically discovered through
in-person evaluations or visits.
Communications on this site do not create client-professional relationships and are not the subject of any associated privileges or confidentiality protections. Communications on this Site are limited, do not involve in-person evaluations or visits, and do not include safeguards and procedures typical of in-person evaluations and visits. C. User Accounts
7. User Accounts; Restricted Activities; Suspension or Termination of Service When you register as a User on the Site, you will establish a user name and password for access to your online account. You are responsible for maintaining the confidentiality of your user name, password and account data, may not share this information or your account with anyone else, and will be solely responsible for all acts or omissions that occur under your account. You will immediately notify Exodus Answers of any unauthorized use of your password or account. You should only create one account on the Site. If any Exodus Answers account of yours has been suspended or terminated, you may not open another account on the Site. You agree to keep your contact and billing information
(including but not limited to email address) up-to-date, and to comply with all
billing procedures, including providing and maintaining accurate and lawful
billing information for active Exodus Answers accounts.
Any content you provide on the Site and your use of our Site shall not: (a) be fraudulent, inaccurate or misleading; (b) infringe any third party's proprietary rights or rights of publicity or privacy (ET&B has adopted Take Down Procedures for unauthorized use of copyrighted material); (c) be illegal or violate any federal, state or local law, statute, ordinance, regulation or ethical code; (d) be competitive with Exodus Answers or the Site (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene or contain child pornography; (g) contain any viruses, Trojan horses, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; or (h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers.. You may not consummate any transaction that was initiated using our Service that, by paying to us a fee, could cause us to violate any applicable law, statute, ordinance or regulation. Furthermore, you may not resell or make any commercial use of our system or the content on the Site without ET&B's prior written consent. If you wish to terminate your service, you may do so by
furnishing us with written notice of your decision. Your notification must be sent
via e-mail to Exodus@ExodusTax.com. Cancellations will be effective within 7
business days. All debts and fees must be paid before cancellation can take
effect. Termination of your account does not affect your liability or
obligations under the Terms.
At any time, without notice, for any or no reason, Exodus Answers reserves the right to refuse service to anyone, to modify or discontinue any portion or all of the Service, and to suspend or terminate Users’ accounts. 8. Fees, Deposits and Refunds
Fee Schedule
$5.99 per month – up to one question per week on any
issue related to personal and/or small business taxation (Small Business is
defined as a business with yearly gross receipts less than $1,000,000. Midsize and Large cap businesses should
contact us directly for a service quote.)
$9.99 per month, or $100 per year – up to three questions per week $19.99 per month or $200 per year - unlimited questions Monday-Friday
Exodus Answers maintains the right to initiate special incentive and pricing programs. These may be limited, at Exodus Answers’s sole discretion, to defined and limited Users or non-Users. 9. Receipt of Special Offers and Other Communications By accepting this Agreement, you are agreeing to receive
coupons, special offers, and other communications from Exodus Answers per the
terms of the Privacy Policy. You may modify this setting by making the relevant
changes to your ET&B profile.
D. Legal Statements 10. Release Users are responsible for their acts and omissions and
content placed on the Site. If you are a California resident, you waive
California Civil Code §1542, which says: "A GENERAL RELEASE DOES NOT
EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS
FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE
MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
11. Proprietary Rights of Content You acknowledge and agree that ET&B owns the rights to its website ExodusTax.com and all of the non-third-party content displayed on the Site. You acknowledge that all content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in listings, sponsor advertisements or email-distributed, commercially produced information presented to you by the Service, by ET&B, www.ExodusTax.com, or ExodusTax.com Advertisers or other content providers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way content available through the Service, including code and software for commercial purposes. For permission to use third-party materials appearing on the Site, please contact the copyright owner. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. You agree that Posts on the site, or materials or ideas
submitted on the Site or to the Site administrator or any employee, officer or
agent of ExodusTax.com, will not be considered confidential and may be used by ExodusTax.com,
in its sole discretion, without any obligation to compensate for use of or to
return any submitted materials.
You grant to Exodus Tax & Business Services a non-exclusive, irrevocable, perpetual, worldwide, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights, including the right to use, reproduce, display, edit, copy, modify, transmit, publicly perform or create derivative works thereof, that you have in your Posts, in any media now known or not currently known, with respect to any such Posts. 12. No Endorsement of Non-ET&B Entity; No Relationship with Users ET&B may endeavor to offer to its Users products and
services offered by non-ET&B entities. Placement of information, logos,
links or names of such non-ET&B entities on the Site does not constitute an
endorsement or warranty of these entities, their products or services. Users
take full responsibility for a decision to visit or patronize any such entity
and hold ET&B harmless from any liability arising from such actions. You
further acknowledge that no relationship (such as partnership, agent, joint
venturer, or employee) is created between you and Exodus Answers or between any
User (including Customers and Experts) and Exodus Answers by formation of this
Agreement (or any of the Related Agreements) or by your participation on the
site. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY,
COMPLETENESS OR USEFULNESS OF ANY OPINION, ANSWER OR OTHER CONTENT AVAILABLE
THROUGH THE SITE, FROM THIRD PARTIES OR OBTAINED FROM A LINKED SITE. PLEASE SEEK
THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY
SPECIFIC OPINION, ANSWER, PRODUCT, SERVICE, OR OTHER CONTENT.
13. Exclusion of Warranties ET&B SERVICES AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTY OF ANY KIND EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THIS SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS. ET&B DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ET&B DOES NOT WARRANT OR REPRESENT THAT THE USE OR THE RESULTS OF THE USE OF THE MATERIALS AVAILABLE THROUGH THE SERVICE, FROM THIRD PARTIES OR A LINKED SITE WILL BE CORRECT, ACCURATE, TIMELY, RELIABLE OR OTHERWISE. IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES AND REPRESENTATIONS, ET&B’S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. UNDER NO CIRCUMSTANCES WILL ET&B BE LIABLE FOR ANY LOSS
OR DAMAGE CAUSED BY A USER'S RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE,
FROM THIRD PARTIES (SUCH AS EXPERTS OR OTHERS) OR A LINKED SITE, OR USER'S
RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A THIRD PARTY OR A LINKED
SITE. USE OF THIS SITE IS AT USERS’ SOLE RISK.
16. Limitation of Liabilities IN NO EVENT SHALL ET&B, ITS PARENTS, SUBSIDIARIES,
AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES OR OUR SUPPLIERS BE
LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR
EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, PROFITS,
DATA, USE, REVENUE OR OTHER ECONOMIC ADVANTAGE), ARISING OUT OF OR IN
CONNECTION WITH OUR SITE, OUR SERVICES OR THE TERMS BASED ON ANY THEORY, EVEN
IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET
You and ET&B agree that any cause of action arising out
of or related to this Service must commence within six (6) months after the
cause of action arose (except for causes of action arising out of Users’
responsibilities in the Indemnification section below); otherwise, such cause
of action is permanently barred.
17. Indemnification You agree to indemnify, defend and hold ET&B, any and all parent, subsidiary, or affiliate organizations, officers, agents and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party that are in any way due to or arising out of your use of or conduct on the Service. To the extent any such claim is brought to ET&B’s attention and not to your attention, ET&B shall provide you reasonable notice of such claim. ET&B shall be entitled to participate in the defense of such claim. 18. Press Releases and Third-Party Press About ET&B The Site may contain press releases and other information
about us. While this information was believed to be accurate as of the date
prepared, we disclaim any duty or obligation to update this information or any
press releases. Information about companies other than ours contained in the
press release or otherwise, should not be relied upon as being provided or
endorsed by us. Likewise, third-party press about ET&B or the Site should
not be relied upon as being provided or endorsed by ET&B.
19. Choice of Law and Forum CHOICE OF LAW. The Terms shall be governed by, and construed
in accordance with the laws of the State of
DISPUTES; DISPUTE RESOLUTION. All disputes, claims and
controversies, of any sort or nature, between the parties, arising out of the
use of the Site ("Dispute"), shall be resolved solely pursuant to the
following procedure: (1) notification to the other party of the facts of the
Dispute, the legal basis for the Dispute, and all damages claimed, in writing
delivered to (a) the user’s email address on file with ET&B, or (b) ET&B
Corp., 1270 Caroline Street, Suite D120-429, Atlanta, GA 30307 or Exodus@ExodusTax.com,
whichever is applicable ("Dispute Notification"); (2) allowance of
thirty (30) days from receipt of the Dispute Notification to receive a response
to and/or offer to remedy the Dispute; (3) if the Dispute remains unresolved
within those thirty (30) days, the filing of a Request for Online Mediation for
Small Claims with the American Arbitration Association ("AAA") (or
Request for Mediation for the minimum of 4 hours only if the Small Claims limit
is exceeded), available online at http://www.aaamediation.com/, with good faith
efforts being made to resolve the Dispute during mediation, and the cost of the
mediation being born equally by the parties, which cost is currently set at $50
but may be changed by AAA; (4) if the mediation does not resolve the Dispute,
submission of a Demand for Arbitration with the AAA, see
http://www.adr.org/fileacase, in which case the Dispute shall be resolved by
binding arbitration, with the cost of the arbitration to be born equally by the
parties, unless otherwise ordered by the arbitrator(s), and with the decision
of the arbitrator(s) to be enforceable in any court of competent jurisdiction.
NO CLASS CLAIMS; WAIVER. The parties expressly agree that there shall be no class claims, consolidation or joinder allowed in any dispute between the parties, and that no claim may be made through an action purporting to represent a class of site users or otherwise asserting claims on behalf of a class ("Waiver"). In the event this Waiver is found to be unenforceable, step (4) of the Dispute resolution process, requiring arbitration, shall be voided in its entirety, and the parties may file a complaint in the Dekalb County, Georgia courts and agree to waive any and all jurisdictional, venue or inconvenient forum objections. 20. Agreement; Miscellaneous The Terms constitute the complete and exclusive statement of the Agreement between you and us. It supersedes any and all prior or contemporaneous agreement, oral or written, and any other communications, representations, warranties and understanding relating to the subject matter of the Terms. If there is a conflict between an oral or written representation of any ET&B' employee or agent and the Terms (other than modifications to the Terms executed in writing by the CEO or authorized-in-fact representative of ET&B), the Terms will prevail. To the extent the Terms are in conflict or inconsistent with one another, the Terms of Service and Privacy Policy will prevail for Customers, over other Terms of the Site; also, this Agreement, Related Agreements and disclaimers will prevail over FAQs, and other rules and policies on the Site. If any provision(s) of the Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties and the other provisions shall remain in full force and effect. ET&B’s failure to exercise or enforce any of the Terms shall not constitute a waiver of ET&B’s right to exercise or enforce the Terms as to the same or another instance. Headings in this and Related Agreements are for purposes of reference only and shall not limit or otherwise affect the meaning of the Terms. You may not assign the Terms to any other party. ET&B shall not be deemed to have waived any of its rights or remedies unless such waiver is in writing and signed by ET&B. No delay or omission on the part of ET&B in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies on future occasions. The section titles in the Terms are solely used for the convenience of the parties and have no legal or contractual significance. |
