TAX HIVE TERMS OF USE

Last Updated: Jan 4, 2022

Introduction and overview

This Terms of Use agreement (“Agreement”) describes the terms and conditions that apply to your access and use of Tax Hive’s websites, products, and services (the “Service” or “Services”) is owned and operated by Tax Hive LLC, and any parent, subsidiary, and affiliate or related company of Tax Hive (collectively referred to as “Tax Hive,” “we,” “our,” or “us”). The term “you” or “User” refers to a “Visitor” (you have browsed a website for the Services) or “Customer” (you have made an inquiry, purchase, and registered for an account with us to use one of our Services).

Scope of this Agreement

As used in this Agreement, the term “Sites” includes all websites, pages associated or within each website, and all devices, applications, or services that Tax Hive operates or offers that link to this Agreement. By accepting electronically (e.g., clicking “I Agree”), accessing, or using the Services, you agree to be bound by the terms and conditions of this Agreement, as it may be amended from time to time in the future (see “Modifications” below). If you do not agree to this Agreement, then you may not use the Services.

Accepting the Terms

By using the information, tools, features, and functionality, including content, updates, and new releases provided by the Services, you agree to be bound by this Agreement, whether you are a Visitor or a Customer. You may not use any of the Services, and you may not accept this Agreement if you are not legally authorized to accept and be bound by these terms or are not at least 18 years of age and, in any event, of legal age to form a binding contract with Tax Hive. Before you continue, you should print or save a local copy of this Agreement for your records.

Privacy and Your Personal Information

You can view our Privacy Statement here and on the Site for the Services. By using the Services, you agree to the Privacy Statement.

In addition to our Privacy Statement, you agree that we may call and send you occasional marketing- and service-related text messages and pre-recorded voice messages to the telephone number you provide using automated technology, such as an autodialer. You understand and agree, for any text messages sent to you through the Services, that: (a) message frequency may vary, (b) message and data rates may apply, (c) you can text STOP to cancel certain types of text messages (except critical notices regarding the Services), and (d) neither Tax Hive nor mobile carriers involved in the text messaging are liable for delayed or undelivered messages.

California Consumer Privacy Act. For the purposes of the California Consumer Privacy Act (“CCPA”), Tax Hive shall be considered a Business and/or Third Party, as applicable. Where Tax Hive acts as a Third Party, you represent, warrant, and covenant that all Personal Information provided or otherwise made available to Tax Hive is done in compliance with applicable law, and that you have provided all necessary and appropriate notices and opt-outs, and otherwise have all necessary and appropriate rights, to enable Tax Hive to (i) share any and all Personal Information you provided with any Tax Hive company, including Tax Hive and any parent, subsidiary, affiliate, or related company of Tax Hive (collectively, the “Tax Hive Family Companies”) and our service providers; and (ii) use any such Personal Information in connection with any and all Tax Hive Family Companies’ as set forth in Tax Hive’s Privacy Statement. Notwithstanding the foregoing, the parties agree that the sharing of Personal Information between Tax Hive Family Companies does not constitute a “sale” of such Personal Information under the CCPA. Capitalized terms in this paragraph have the meanings given those terms under the CCPA.

Description of Services

The Services may include, among other things, business tax planning, consulting, preparation, filing, and audit response services; bookkeeping; business formation; legal services including estate planning and asset protection; and general education and support. Tax Hive is not a law firm or a substitute for an attorney or law firm. Professional services are fulfilled by appropriately licensed service providers. CPAs, Enrolled Agents, attorneys, or other licensed professionals performing professional tax or legal services for Customers under the terms of this Agreement and applicable Terms of Service are not necessarily agents or employees of Tax Hive.

The Services may also include using or disclosing your information to (a) collect, consolidate, track, and store your personal information; (b) make available offers for products and services, including from third parties, that may be relevant or of interest to you; (c) provide general interest offers for products or services; and (d) offer advice, tips, recommendations, and general education. The Services are provided to you by Tax Hive without charge and are meant to provide you with general business information. Some optional features and services may require a fee. The Services may also present you with information relating to third-party products or services in which you may find interest. If you have any questions about the Services, contact us at 833-919-1992.

Third-Party Partner Offers and Links

Some parts of the Services are supported by sponsored advertisements from third-party partners (“Partner Offers”). The Services may display Partner Offers that may be customized or relevant to you based on information stored in the Services, queries made through the Services, information shared with advertisers, or other information. We may disclose when a particular Partner Offer is sponsored or otherwise provided by a third party. We may add or remove third-party service providers, and you understand that your information may be shared with present and future partners.

In connection with Partner Offers, the Services may provide links to other websites belonging to Tax Hive advertisers and other third parties. The Services may also allow you to apply for the Partner Offer without leaving the Services’ websites. Partner Offers are provided to you as a convenience. We do not endorse, warrant, or guarantee the products or services available through the Partner Offers (or any other third-party products or services advertised on or linked from our Site), whether or not sponsored. We are not an agent, broker, or otherwise responsible for the activities or policies of third-party websites. We do not guarantee that any Partner Offer may be best for you or meet your needs. Information in the Partner Offers is provided by the third parties, and any offer is subject to the third parties’ review of your information. Tax Hive may receive compensation from third parties, which may impact the placement and availability of the Partner Offers.

If you elect to use or purchase services from third parties, you are subject to their terms and conditions and privacy policy.

Your Registration Information and Electronic Communications

You agree and understand that the information you provide forms your “Registration Information.” By providing us with your email address, you consent to receive all required notices and information electronically. Electronic communications may be posted on the Services site and/or delivered to the email address that we have on file for you. It is your responsibility to promptly update us with your complete, accurate contact information, as appropriate. Notices will be provided in the text of the email or through a link to the appropriate page on our Site, accessible through any standard, commercially available internet browser. Your consent to receive communications electronically is valid until you end your relationship with us. You may print a copy of any electronic communications and retain it for your records. We reserve the right to terminate or change how we provide electronic communications and will provide you with appropriate notice in accordance with applicable law.

If you become aware of any unauthorized use of your Registration or Account Information for the Services, you agree to notify Tax Hive immediately by contacting us at 833-919-1992 or by email address at legal@taxhive.com.

Your Use of the Services

Your right to access and use the Sites and the Services is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use the Sites and Services for lawful purposes. Accurate records enable us to provide the Services to you. You must provide true, accurate, current, and complete information, and you may not misrepresent your Registration and Account Information. For the Services to function effectively, you must also keep your Registration and Account Information up to date and accurate. If you do not do this, the accuracy and effectiveness of the Services will be affected. You represent that you are a legal owner and that you are authorized to provide us with all Registration and Account Information and other information necessary to facilitate your use of the Services.

Your access and use of the Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance, repair of the Services, or other actions that we, in our sole discretion, may elect to take. In no event will Tax Hive be liable to any party for any loss, cost, or damage that results from any scheduled or unscheduled downtime. Your sole and exclusive remedy for any failure or nonperformance of the Services, including any associated software or other materials supplied in connection with such services, shall be for Tax Hive to use commercially reasonable efforts to effectuate an adjustment or repair of the applicable service.

Use with Your Mobile Device

Services may be available through a compatible mobile device, Internet, and/or network access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates, and fees, as well as the terms of your agreement with your mobile device and telecommunications provider. TAX HIVE MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION; (ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.

Communication with You

Tax Hive may mail, email, call, or text you regarding your account or the Services, including notifying you of new or existing Services or offers or advertisements for third-party products or services. You may opt out of any methods or means of contacting you regarding offers or advertisements for third-party products or services.

Tax Hive’s Intellectual Property Rights

The contents of the Services, including its “look and feel” (e.g., text, graphics, images, logos, and button icons), photographs, editorial content, notices, software (including HTML-based computer programs), and other material are protected under both United States and other applicable copyright, trademark, and other laws. The contents of the Services belong or are licensed to Tax Hive or its software or content suppliers. Tax Hive grants you the right to view and use the Services subject to these terms. You may download or print a copy of the information for the Services for your personal, internal and non-commercial use only. Any distribution, reprint, or electronic reproduction of any content from the Services in whole or in part for any other purpose is expressly prohibited without our prior written consent. You agree not to use nor permit any third party to use the Site or the Services or content in a manner that violates any applicable law, regulation, or this Agreement.

Access and Interference

You agree that you will not:

Use any robot, spider, scraper, deep-link, or other similar automated data gathering or extraction tools, program, algorithm, or methodology to access, acquire, copy, or monitor the Services or any portion of the Services without Tax Hive’s express written consent, which may be withheld in Tax Hive’s sole discretion;

Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the services, other than the search engines and search agents available through the Services and other than generally available third-party web browsers (such as Microsoft® Explorer);

Post or transmit any file which contains viruses, worms, Trojan horses, or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Services;

Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Services; or

Attempt to gain any unauthorized access to any portion of the Services.

Social Media Sites

We may provide experiences on social media platforms such as Google®, YouTube®, Facebook®, Instagram®, Twitter®, and LinkedIn® that enable online sharing and collaboration among users who have registered to use them. Any content you post, such as pictures, information, opinions, or any Personal Information that you make available to other participants on these social platforms, is subject to the terms of use and privacy policies of those platforms. Please refer to those social media platforms to better understand your rights and obligations regarding such content.

Disclaimer of Representations and Warranties

THE SITES, SERVICES, INFORMATION, DATA, FEATURES, AND ALL CONTENT AND ALL PRODUCTS AND SERVICES ASSOCIATED WITH THE SERVICES OR PROVIDED THROUGH THE SERVICES (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. TAX HIVE AND ITS THIRD-PARTY PROVIDERS, LICENSORS, DISTRIBUTORS, OR SUPPLIERS (COLLECTIVELY, “SUPPLIERS”) MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE SITE OR OF THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.

NEITHER TAX HIVE NOR ITS SUPPLIERS MAKE ANY REPRESENTATIONS, WARRANTIES, OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF THE CONTENT ON THE SITES OR OF THE SERVICES (WHETHER OR NOT SPONSORED), AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER TAX HIVE NOR ITS SUPPLIERS MAKE ANY REPRESENTATION, WARRANTY, OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICES IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA, OR PERSONAL INFORMATION.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES, LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF THIS PROVISION MAY NOT APPLY TO YOU.

Not an Attorney, Financial Planner, Investment Advisor

Tax Hive is not a law firm or a substitute for an attorney or law firm. Professional services are fulfilled by appropriately licensed service providers. CPAs, Enrolled Agents, attorneys, or other licensed professionals performing professional tax or legal services for Customers under the terms of this Agreement and applicable Terms of Service are not necessarily agents or employees of Tax Hive. Your personal and business financial situation is unique, and any information and advice obtained through the Services may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any legal, tax, or financial strategy, you should consider obtaining additional information and advice from professionals who are fully aware of your individual circumstances.

Limitations on Tax Hive’s Liability

TAX HIVE SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO THE SITES, YOUR USE OF THE SERVICES, THE SITES OR THIS AGREEMENT, EVEN IF TAX HIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, TAX HIVE’S LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF $500.00 (FIVE HUNDRED UNITED STATES DOLLARS).

Your Indemnification of Tax Hive

You shall defend, indemnify, and hold harmless Tax Hive and its officers, directors, shareholders, and employees, from and against all claims, suits, proceedings, losses, liabilities, and expenses, whether in tort, contract, or otherwise, that arise out of or relate, including but not limited to attorneys’ fees, in whole or in part arising out of or attributable to any breach of this Agreement or any activity by you in relation to the Sites or your use of the Services.

Ending your Relationship with Tax Hive

Tax Hive may at any time terminate its legal agreement with you and access to the Services: a. if you have breached any provision of this Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this Agreement); b. if Tax Hive, in its sole discretion, believes it is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful); c. for any reason and at any time with or without notice to you; or d. immediately upon notice, to the email address provided by you as part of your Registration Information. You acknowledge and agree that Tax Hive may immediately deactivate your account and delete all related information and files in your account and/or prohibit any further access to all files and the Services by you. Further, you agree that Tax Hive shall not be liable to you or any third party for any termination of your access to the Services.

Modifications

We reserve the right, at any time, to modify or discontinue, temporarily or permanently, the Sites or Services with or without notice. Tax Hive reserves the right to change the Services, including applicable fees, at our sole discretion and from time to time. In such event, if you are a paid user to the Services, and modifications are material changes, we will provide notice to you. If you do not agree to the changes after receiving a notice of the change to the Services, you may stop using the Services. Your use of the Services after you are notified of any change will constitute your agreement to such change. You agree that Tax Hive shall not be liable to you or any third party for any modification, suspensions, or discontinuance of the Services.

Any changes to this Agreement may be provided to you by electronic means (i.e., via email or by posting the information on the Sites). In addition, the Agreement may indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Services after such changes are published.

Governing Law and Forum for Disputes

Utah state law governs this Agreement without regard to its conflicts of laws provisions.

ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THE SERVICES OR THESE TERMS OF USE WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this provision; the arbitrator shall apply Utah law to all other matters. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration provision. Notwithstanding anything to the contrary, any party to the arbitration may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction. WE EACH AGREE THAT ANY AND ALL DISPUTES MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. BY ENTERING INTO THIS AGREEMENT AND AGREEING TO ARBITRATION, YOU AGREE THAT YOU AND TAX HIVE ARE EACH WAIVING THE RIGHT TO FILE A LAWSUIT AND THE RIGHT TO A TRIAL BY JURY. IN ADDITION, YOU AGREE TO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR LITIGATE ON A CLASS-WIDE BASIS. YOU AGREE THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THESE RIGHTS.

To begin an arbitration proceeding, send a letter requesting arbitration and describing your claim to Tax Hive, 260 S 1200 W Orem, UT 84058. Arbitration will be conducted by the American Arbitration Association (AAA) before a single AAA arbitrator under the AAA’s rules, which are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration, and arbitrator fees and costs will be governed by the AAA’s rules. Tax Hive will not seek its attorneys’ fees or costs in arbitration unless the arbitrator determines your claims or defenses are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed on location. The decision of the arbitrator shall be final and not appealable, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. This Section shall survive expiration, termination, or rescission of this Agreement.

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