Terms of Service
Terms & Conditions
Welcome to High Five Taxes, a website located at www.highfivetaxes.com (the “Site” or “Platform) and operated by Future of Taxes, Inc., d/b/a/ High Five Taxes (“High Five Taxes”, “us”, “our”, and “we”). High Five Taxes provides the Platform and services provided through the Platform (“Services”) including an online marketplace that that connects tax services providers (“Tax Pros”) with those in need of their services (“Customers”) including but not limited to individual taxes, business taxes, company formation, ITIN application, FBAR filing, second opinions, and help with IRS or state audits/notices (“Tax Services”). High Five Taxes makes the Platform available to enable online payment and delivery of the Tax Pro’s services.
Types of Users
“User,” “You” and “Your” refer to the person, company, or organization (including any employee of such company or organization) that has visited or is using the Platform and/or the Service. A User may be a Customer, Tax Pro, both or none, depending on the context of its use within these Terms. “Tax Pro” refers to users of the Platform, whether an individual or business entity who offer to provide Tax Services to Customers. Tax Pros are not the employees or agents of High Five Taxes. “Customer” refers to users of the Platform, whether an individual or business who requests and/or purchases Tax Services from a Tax Pro.
Account Creation. In order to use certain features of the Services, you must register for an account with us (“your Account”) and provide certain information about yourself as prompted by the registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions on the Platform. We may suspend or terminate your Account in accordance with the Terms and Termination.
Account Responsibilities. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
How It Works
Customer selects the desired services and specifications of their project (“Project”) through the Platform and receives a price quote (“Quote”). Once the Customer accepts the Quote and makes the initial payment (“Initial Fee”), Customer will get connected with a Tax Pro to complete the Project. Customer will have the ability to provide the Tax Pro with all information and documents needed for the Project. Once the Tax Pro completes the Project, the Customer will make the final payment (“Final Payment”) and have the ability to review the documents for accuracy.
Quotes are generated by the information Customer selects when creating a Project. If a Tax Pro reviews Customers information and determines there are additional services needed (i.e. tax credits), Tax Pro will send Customer an updated Quote for review and approval by Customer. By accepting the updated Quote, Customer is agreeing to the additional charges. If Customer rejects the updated Quote, Customer acknowledges and agrees that it waives any future claims against Tax Pro (and High Five Taxes) for failing to provide such services.
Relationship of the Parties
High Five Taxes is Not a Party to Contracts. High Five Taxes is not a tax preparation company nor does it provide any tax preparation services. The business relationship exists exclusively between Customer and Tax Pro and the Customer pays the Tax Pro for Tax Services. Tax Pros are not the employees or agents of High Five Taxes. High Five Taxes is not involved in agreements between Users or in the representation of Users. High Five Taxes does not provide Tax Services but merely provides Customer with access to Tax Pros. At no point may High Five Taxes be held liable for the actions, opinions (including any Tax Services related to second opinions), or omissions of any Tax Pro performing Tax Services or any Customer purchasing Tax Services
High Five Taxes Does Not Guarantee Results. High Five Taxes takes pride in our process to make high quality Tax Pros available to Customers. While we make reasonable efforts to vet the Tax Pros that use our Platform, we cannot guarantee the fitness of any Tax Pros for a Customer’s specific needs or guarantee the quality, accuracy, and timeliness of any Tax Services provided to Customers. High Five Taxes does not sanction statements a Tax Pro may post on the system and make no representations regarding any advice or opinions received by Tax Pros.
All Tax Preparation Fees Are Paid to Tax Pros. High Five Taxes does neither provide nor charge for Tax Services. High Five Taxes merely facilitates the collection of payment to Tax Pros. As such, all fees for Tax Services are paid to Tax Pros and High Five Taxes may charge a transaction fee and/or technology fee (“Tech Fee”) for each project facilitated by High Five Taxes in exchange for the services High Five Taxes provides to its Users.
No Professional Advice. High Five Taxes does not provide legal, financial, accounting or other professional services or advice. If we provide informational and educational content on our Site that covers general business or tax advice, such content in no way constitutes a replacement for personal professional tax or business advice tailored to your specific needs.
Complete Information. Customer is responsible for ensuring the information they submit to the Tax Pro is complete and accurate and that the Customer provides Tax Pro all the necessary information required for completing a Project. Customer has the final responsibility for the accuracy of each item on the returns, as well as, the overall correctness of the returns. The timing of our Services is dependent on Customers timeliness in getting complete information to the Tax Pro.
Reporting Responsibilities. Customer is responsible for timely filing and reporting all taxes to the applicable government agencies. Customer is also responsible for understanding reporting requirements with respect to persons having certain direct and indirect interests in a foreign bank account or other foreign financial asset. Failure to comply with these reporting requirements may result in substantial civil and criminal penalties. You accept responsibility for informing Tax Pros if you believe that you may have foreign reporting requirements with the U.S. Department of the Treasury and/or Internal Revenue Service and you agree to timely provide Tax Pro with the information necessary to prepare the appropriate form(s). High Five Taxes assume no liability for penalties associated with the failure to file, or untimely filing, of any of these forms or returns.
Responsibility for Payment. Customer is responsible for all tax related payments, interest, and penalties imposed by or due and owing to any state or government agency or taxing authority.
Audit Protection Services. Customer has the option of purchasing audit protection (“Audit Protection”) for the current year tax return in which Customer is requesting Tax Services. Audit Protection covers a potential mistake in Customer’s filing made by the Tax Pro. If a mistake is made by the Tax Pro, the Tax Pro will take necessary steps to amend the return and respond to the notices received by the Customer. Audit Protection does not cover reimbursement of taxes, interest, or penalties. If amending a Customer’s return results in any taxes, penalties, or interest due, those payments are Customer’s responsibility. Audit Protection does not cover a mistake made in the filing as a result of Customer, including but not limited to failing to provide complete or accurate information.
Second Opinion Services. Customer may request a Tax Pro to review previously prepared tax returns before Customer files such return (“Second Opinion Services”). Tax Pro will provide an opinion on whether there are any potential errors in the return. Second Opinion Services do not constitute tax advice and High Five Taxes makes no guarantees that Tax Pros will discover any errors in a return. Audit Protection is not available for Second Opinion Services.
Formation Services. If Customers uses the Platform to assist with any business filing services related to a company formation, Customer acknowledges that Customer’s company name is not approved until Customer receives an official, state-issued notice or filed document confirming the entity name. We cannot guarantee that the preferred company name will be accepted by the state or any other official agencies. We do not provide advice about what entity type may be suitable for your business or the legal or tax implications for operating your business as a certain entity type. We do not guarantee that the Services contains any information regarding all authorizations, licenses, or permits necessary to operate your business.
Compliance with Laws
Our Service makes use of certain government databases, including the Internal Revenue Service, and other third-party databases. You understand and agree that these government agencies may have certain rules and regulations or laws related to your request and use of certain information. All Users are responsible for adhering to and upholding all applicable laws and regulations that relate to the services requested by Customers and provided by Tax Pros on the Platform. Any communications you may have with another User through the Platform, must fully comply with all applicable laws.
You acknowledge and agree that you have read and understand these regulations, and that you are in compliance with such laws during your use of our Service. You understand and agree that you are solely responsible for understanding what laws apply to you. High Five Taxes is not responsible for determining the laws applicable to any User of the Platform. You agree to indemnify and hold Future of Taxes harmless for any unlawful use of our Service.
IRS Circular 230 Notice. Nothing in our communications with any User (including, but not limited to emails and information on our Site) relating to any federal tax return, documents, transaction or matter are considered to be "covered opinions" as described in Circular 230.
7216 Disclosure. Section 7216 of the Internal Revenue Code generally prohibits the disclosure or use of a Customer’s tax return information without the Customer’s written explicit consent, absent a specific exception. Disclosure of tax return information refers to a disclosure by the Tax Pro to a third party. Use of tax return information refers to the use of return information by the Tax Pro for potential purposes of offering the taxpayer non-tax services. Tax Pro agrees to comply with Section 7216 for all Tax Services provided on the Platform. In addition, Customer acknowledges and agrees that a Tax Pro may be located outside of the United States and Customer’s information may be shared with such Tax Pro in order to provide the Tax Services.
How Long We Retain Your Data
We will keep hold of your data for no longer than necessary. The length of time we retain it will depend on any legal obligations we have (such as tax recording purposes), the nature of any contracts we have in place with you, the existence of your consent or our legitimate interests as a business.
Payment Terms and Transactions
Payment Process. Customer agrees to pay the Initial Fee (inclusive of our non-refundable Tech Fee & Expedited Fee) at the time of ordering the Project. We will use the same payment information to process the Final Payment. Some of our services may have recurring fees (such as monthly, or annual payments) that will automatically renew as indicated in the service listing on the Platform, at which point you will automatically be charged in accordance with the recurring fee schedule. We will have the right to charge the User's credit/debit card or PayPal account for the full amount of the agreed-upon fee, in addition to any processing fee we may charge. Any change to our pricing or payment terms will become effective in the billing cycle following notice of such change to you as provided in this Agreement.
Payment Information; Taxes. All information that User provides in connection with a purchase or transaction or other monetary transaction interaction with the Services must be accurate, complete, and current. User agrees to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Services at the prices in effect when such charges are incurred. User will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
Chargebacks. User acknowledges that High Five Taxes has a dispute resolution process in the event you have a dispute concerning the services provided to you. If you have a dispute concerning any payment transaction, please contact our billing department. If, at any time, you contact your bank or credit card company to reject the charge of any payable Fees (“Chargeback”), this act will be considered a breach of your payment obligations, and we reserve the right to automatically terminate your use of the Services. We reserve the right to dispute any Chargeback and take all reasonable action to authorize the transaction. In the event of a Chargeback, your Account may be terminated and any files, data, or content contained in your Account may be subject to cancellation. We will not be liable for any loss of files, data or content as a result of a Chargeback. Without limiting other available remedies, User must pay High Five Taxes upon demand for amounts owed under this Agreement, plus interest on the outstanding amount at the lesser of one percent (1%) per month or the maximum interest allowed by applicable law, plus attorneys’ fees and other costs of collection to the extent permitted by applicable law.
Should any dispute arise between Customer and Tax Pros over the quality or completeness of work on a Project, High Five Taxes encourages Customers and Tax Pros to try and settle disputes amongst themselves, however, if this is not possible High Five Taxes may intervene in resolve disputes by obtaining information about the dispute between the Customer and Tax Pro and making a resolution decision. High Five Taxes reserves sole discretion to make determinations in such disputes and will have the right to refund payments if necessary. Customers and Tax Pros agree to indemnify and hold harmless High Five Taxes against any damages or liability incurred as a result of High Five Taxes’ dispute resolution decision.
Our dispute procedures are for the benefit of our Users to help facilitate the transaction between Customers and Tax Pros and to protect the integrity of our Platform so our Users have an enjoyable experience. In no way is the provision of these dispute procedures or payments cancelled by High Five Taxes under these procedures an admission of any liability of High Five Taxes.
We expend tremendous resources to provide our Platform and services, to connect Customers and Tax Pros. You are prohibited from making side-agreements or engaging in activities that can be deemed competitive to High Five Taxes with any user outside of our Platform.
At all times during your use of our Platform and for a period of two years thereafter, once introduced to a User on our Platform, you are prohibited from entering into any business transactions or agreements with any User outside of our Platform for Tax Services that are being provided on our Platform. All communications between Tax Pro and Customer concerning the Tax Services must be made on our Platform. Users are prohibited from communicating off our Platform for the Tax Services being rendered on the Platform. Customers agree not to make direct payments off the Platform to any Tax Pro and Tax Pros agree not to accept any direct payments for the Tax Services provided to Customers. We will terminate a User’s access to and use of the Platform if such User is found to be making or accepting payment outside the Service to any User found through the Service.
Remedies for Violation of this Section. You recognize and agree that any violation of the disintermediation provisions set forth above, either during the term or for two years after the termination of this Agreement, will cause irreparable harm to Company. If you violate or threaten to violate any of these provisions, at any time during this Agreement or after, Company will have the right to enforce these terms by means of injunctive relief, in addition to money damages and other available legal remedy. You agree to pay High Five Taxes’ the cost of pursuing judicial enforcement of this Agreement, including attorney’s fees and costs.
Rights and Licenses
License to Use Platform. We grant you a non-transferable, non-exclusive, right to access and use the Services for your personal use.
Certain Restrictions. The rights granted to you in this Agreement are subject to the following restrictions: (a) you will not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services; (b) you will not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services; (c) you will not access the Services in order to build a similar or competitive service; and (d) except as expressly stated in these terms, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Services will be subject to the terms of this Agreement. All copyright and other proprietary notices on any Services content must be retained on all copies.
Modification. We reserve the right, at any time, to modify, suspend, or discontinue the Services with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services, except and if otherwise expressly set forth in these Terms.
No Support or Maintenance. You acknowledge and agree that we will have no obligation to provide you with any support or maintenance in connection with the Services.
Ownership of the Services. Excluding your User Content (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Services, including the Platform, are owned by us or our licensors. The provision of the Services does not transfer to you or any third party any rights, title or interest in or to the intellectual property rights. We reserve all rights not granted in this Agreement.
User Content. “User Content” means any and all information and content that a user submits to or posts on: (a) the Services and (b) on social networking sites where we have a page or presence. You will own your User Content, with the understanding that you agree that we may use and reproduce the User Content you make available on our social networking sites and on the Services. You are solely responsible for the User Content that you post, upload, link to or otherwise make available via the Service. We reserve the right to remove any User Content from the Service at our discretion.
The following rules pertain to User Content. By transmitting and submitting any User Content while using the Service, you agree as follows:
- You are solely responsible for your account and the activity that occurs while signed in to or while using your account;
- You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content;
- You will abide by our Acceptable Use Policy below; and
You understand and agree that any liability, loss or damage that occurs as a result of the use of any User 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 User Content. We do not, and cannot, prescreen or monitor all User Content. However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Service.
License. You grant, and you represent and warrant that you have the right to grant, to us an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, solely for the purposes of including your User Content in the Platform and Services. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
Acceptable Use Policy. Your permission to use the Services is conditioned upon the following Use Restrictions and Conduct Restrictions: You agree that you will not under any circumstances:
- post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
- use the service for any unlawful purpose or for the promotion of illegal activities;
- attempt to, or harass, abuse or harm another person or group;
- use another user’s account without permission;
- provide false or inaccurate information or impersonate another person when registering an account;
- interfere or attempt to interfere with the proper functioning of the Service;
- collect or store personal data about other Users;
- supply material support or resources to organizations designated by the United States government as a foreign terrorist organization pursuant to Section 219 of the Immigration and Nationality Act.
- share any health information that is restricted under the Health Information Portability and Accountability Act;
- share information that is deemed to be material nonpublic information that if disclosed would violate securities laws;
- make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
- use the Platform or any of its contents to advertise or solicit, for any commercial purpose or to compete, directly or indirectly, with our Service;
- bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data; or
- publish or link to malicious content intended to damage or disrupt another user’s browser or computer.
Feedback. If you provide us any feedback or suggestions regarding the Services (“Feedback”), you assign to us all rights in the Feedback and agree that we will have the right to use the Feedback and related information in any manner we deem appropriate. We will treat any Feedback you provide to us as nonconfidential and non-proprietary. You agree that you will not submit to us any information or ideas that you consider to be confidential or proprietary.
You agree to indemnify and hold us (and our officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Services. Including but not limited to due to any financial or personal decision you take related to your use of our services, any loss due to inaccurate information that we receive from you or any third party related to your use of our services, any delay in filing your tax returns, (b) your User Content, (c) the services you request as a Customer or the services you provide as a Tax Pro; (d) the accuracy of the information that we receive from you or any third party related to your use of our Services; (e) any delay in filing your tax returns; (f) your violation of this Agreement; or (g) your violation of applicable laws or regulations. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Links to Other Sites and/or Materials
Third Party Sites, Ads and Ad Networks. As part of the Service, we may provide you with convenient links to third party website(s) (“Third-Party Sites”) as well as content or items belonging to or originating from third parties (the “Third-Party Applications, Software or Content”). Users may also include links to their website or other Third-Party Sites on their listings. These links are provided as a courtesy to Users. We have no control over Third-Party Sites and Third-Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third-Party Sites or Third-Party Applications, Software or Content. If you decide to leave the Platform and access the Third-Party Sites or to use or install any Third-Party Applications, Software or 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 site to which you navigate from the Platform or relating to any applications you use or install from the site.
Release. You release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injury, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other Service users or Third Party Sites & Ads. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
THE SERVICES, INCLUDING THE PLATFORM, ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND WE EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NONINFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES: (a) WILL MEET YOUR REQUIREMENTS; (b) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERRORFREE BASIS; (c) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE OR (d) THAT THE SERVICES WILL BE TO YOUR SATISFACTION. NO REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, ARE GIVEN REGARDING THE LEGAL OR OTHER CONSEQUENCES RESULTING FROM THE USE OF OUR SERVICES, REPORTS OR FORMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Limitation on Liability
IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM. IN NO EVENT WILL HIGH FIVE TAXES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNTS YOU’VE PAID HIGH FIVE TAXES IN THE PRIOR 12 MONTHS (IF ANY). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Terms and Termination.
Subject to this Section, this Agreement will remain in full force and effect while you use the Services. We may (a) suspend your rights to use the Platform and/or Services (including your Account) or (b) terminate this Agreement, at any time for any reason at our sole discretion, including for any use of the Services in violation of this Agreement. Upon termination of this Agreement, your Account and right to access and use the Services will terminate immediately. You understand that any termination of your Account involves deletion of your User Content from our live databases. We will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your Account or deletion of your User Content. Upon termination of this Agreement, all of the provisions will terminate except those that by their nature should survive.
We respect the intellectual property of others and ask that users of our Platform and Services do the same. In connection with our Platform and Services and in accordance with the Digital Millennium Copyright Act’s (“DMCA”), we have adopted and implemented a policy respecting copyright laws that provide for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our online Services who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:
- your physical or electronic signature;
- identification of the copyrighted work(s) that you claim to have been infringed;
- identification of the material on our Services that you claim is infringing and that you request us to remove;
- sufficient information to permit us to locate such material;
- your address, telephone number, and e-mail address;
- a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
Our designated Copyright Agent is:
Future of Taxes, Inc. 6001 W Parmer Lane, Ste 370 #549 Austin, TX 78727 Email: firstname.lastname@example.org
Counter Notice Procedures
If you receive a notification from High Five Taxes that material made available by you on or through the Platform has been the subject of a Notification of Claimed Infringement, then you will have the right to provide High Five Taxes with what is called a "Counter Notification." To be effective, a Counter Notification must be in writing, provided to Company's Designated Agent through one of the methods identified above, and include substantially the following information:
- A physical or electronic signature of the subscriber;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
- The subscriber's name, address, and telephone number, and a statement that the subscriber
consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which Company may be found, and that the subscriber will accept service of process from the person who provided notification above or an agent of such person.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND HIGH FIVE TAXES HAVE AGAINST EACH OTHER ARE RESOLVED.
You and High Five Taxes agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of our Terms of Service Agreement, your use of or access to the Services, or any products or services sold or purchased through the Services, will be resolved in accordance with the provisions set forth in this Legal Disputes Section.
Choice of Law. This Agreement is made under and will be governed by and construed in accordance with the laws of the State of Texas, without giving effect to any principles that provide for the application of the law of another jurisdiction.
Claim Limitations. You agree that any cause of action arising out of or related to the Services must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
Agreement to Arbitrate
You and High Five Taxes each agree that any and all disputes or claims that have arisen or may arise between you and High Five Taxes relating in any way to or arising out of this or previous versions of the Terms of Service Agreement, your use of or access to High Five Taxes 's Services, or any products or services sold, offered, or purchased through our Services will be resolved exclusively through final and binding arbitration, rather than in court. Alternatively, you may assert your claims in small claims court in Dallas Texas, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.
The arbitration will be conducted by JAMS Arbitration ("JAMS") under its applicable rules and procedures, as modified by this Agreement to Arbitrate. The arbitration will be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes.
Your rights will be determined by a neutral arbitrator and not a judge or jury. You understand that arbitration procedures can be more limited that rules applicable in court. Arbitrator decisions are as enforceable as any court order and are subject to very limited review in court.
You and we must abide by the following rules: (a) ANY CLAIMS BROUGHT BY YOU OR US MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (b) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF, (c) the arbitrator will honor claims of privilege and privacy recognized at law; (d) the arbitration will be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award; (e) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (f) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses, and then in such instance, the fees and costs awarded will be determined by the applicable law.
With the exception of subparts (a) and (b) in the paragraph above (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision will remain in effect and will be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, either subpart (a) or (b) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision will be null and void, and neither you nor we will be entitled to arbitration. If for any reason a claim proceeds in court rather than in arbitration, the dispute will be exclusively brought in state or federal court in Dallas, Texas.
Changes to Agreement. This Agreement is subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any) and/or by prominently posting notice of the changes on our Platform. Any significant changes to this Agreement will be effective 30 days after posting such notice. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Continued use of our Platform or Services following notice of such changes will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
Copyright/Trademark Information. Copyright © 2019 Future of Taxes, Inc. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Platform are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
Contact Information: High Five Taxes Email: email@example.com Last Updated December 27, 2019