YOU AGREE TO THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED IN SECTION 7 TO RESOLVE ANY DISPUTES WITH TaxGuard (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT).
1.1. Your TaxGuard enrollment will continue and automatically renew until terminated. "Payment Method" means a current, valid, accepted method of payment, as may be updated from time to time and which may include payment through your account with a third party. You must cancel your membership before it renews in order to avoid billing of the membership fees for the next billing cycle to your Payment Method (see "Cancellation" below).
1.2. We may offer a number of enrollment plans, including memberships offered by AFS in conjunction with TaxGuard products and services. Some membership plans may have differing conditions and limitations, which will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your TaxGuard enrollment by visiting the MyAvidFinancial.com website and contacting our office's contact link.
Billing and Cancellation
2.1. Billing Cycle. The enrollment fee for the TaxGuard service and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged to your Payment Method on the specific payment date indicated in your "Client portal" by Taxdome. The length of your billing cycle is 12 months from the day at which you sign up for TaxGuard services. enrollment fees are fully earned upon payment. In some cases your payment date may change, for example if your Payment Method has not successfully settled, when you change your subscription plan or if your paid membership began on a day not contained in a given month. Visit the MyAvidFinancial.com website and contact our office's contact link. We may authorize your Payment Method in anticipation of membership or service-related charges through various methods, including authorizing it up to approximately one month of service as soon as you register.
2.2. Payment Methods. To use the TaxGuard service you must provide one or more Payment Methods. You authorize us to charge any Payment Method associated to your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Check with your Payment Method service provider for details.
2.3 Updating your Payment Methods. You can update your Payment Methods by going to the AFS "Client Portal" page by Taxdome. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method(s).
2.4. Cancellation. You can cancel your TaxGuard membership at close of your current twelve (12) month billing period, You must cancel your membership before it renews in order to avoid billing of the membership fees for the next billing cycle to your Payment Method and you will continue to have access to the TaxGuard service through the end of your billing period. If you wish to cancel your TaxGuard service before the end of your scheduled billing cycle a cancellation fee will be billed to the client for the remaining prorated hourly rate with a minimum of $100 penalty applied to the bill. To cancel, please visit the MyAvidFinancial.com website and contact our office's contact link. If you cancel your membership, your account will automatically close at the end of your current billing period. To see when your account will close, visit the MyAvidFinancial.com website and contact our office's contact link.
2.5. Changes to the Price and Subscription Plans. We may change our subscription plans and the price of our service from time to time; however, any price changes or changes to your subscription plans will apply no earlier than 30 days following notice to you. If you do not wish to accept the price change or change to your subscription plan, you can cancel your subscription before the change takes effect.
2.6. No Refunds. Payments are nonrefundable and there are no refunds or credits for partially used membership periods. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
The TaxGuard service and any benefits accessed through our service are for your personal and or business use only and may not be shared with individuals beyond yourself or business. During your TaxGuard enrollment, we grant you a limited, non-exclusive, non-transferable right to access the TaxGuard service and TaxGuard benefits through the service. Except for the foregoing, no right, title or interest shall be transferred to you.
The TaxGuard service, including the benefits, is regularly updated. In addition, we continually test various aspects of our service, including but not limited to additional or exemptions of benefits, user interfaces and promotional features.
Depending on your TaxGuard plan, some benefits and services may be available for temporary download and offline viewing on certain supported devices ("Offline Titles"). Limitations apply, including restrictions on the number of Offline Titles per account, the maximum number of devices that can contain Offline Titles, the time period within which you will need to begin viewing Offline Titles and how long the Offline Titles will remain accessible.
You agree to use the TaxGuard service, including all features and benefits associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein. Except as explicitly authorized by us, you agree not to:
(i) archive, download, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use content and information contained on or obtained from or through the TaxGuard service;
(ii) circumvent, remove, alter, deactivate, degrade, block, obscure or thwart any of the content protections or other elements of the TaxGuard service, including the graphical user interface, any advertising or advertising features, copyright notices, and trademarks;
(iii) use any robot, spider, scraper or other automated means to access the TaxGuard service;
(iv) decompile, reverse engineer or disassemble any software or other products or processes accessible through the TaxGuard service;
(v) insert any code or product or manipulate the content of the TaxGuard service in any way;
(vi) use any data mining, data gathering or extraction method;
(vii) upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Taxguard service, including any software viruses or any other computer code, files or programs.
Disclaimers of Warranties and Limitations on Liability
3.1. THE TAXGUARD SERVICE AND ALL BENEFITS AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE TAXGUARD SERVICE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TAXGUARD SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE, TAXGUARD READY CLIENTS, AND TAXGUARD SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE).
3.2. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL TAXGUARD, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.
4.2. If you elect to seek arbitration or file a small claim court action, you must first send to Avid Financial Solutions (AFS), by certified mail, a written Notice of your claim ("Notice"). The Notice to AFS must be addressed to: Avid Financial Solutions, TaxGuard, LLC., 3058 N Market Ave, Fayetteville, AR 72703 ("Notice Address"). If AFS initiates arbitration, it will send a written Notice to the email address used for your enrollment account. A Notice, whether sent by you or by AFS, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If AFS and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or AFS may commence an arbitration proceeding or file a claim in small claims court.
4.3. You may download or copy a form Notice and a form to initiate arbitration at www.adr.org. If you are required to pay a filing fee, after AFS receives notice at the Notice Address that you have commenced arbitration, AFS will reimburse you for your payment of the filing fee, unless your claim is for greater than US$1,000, in which event you will be responsible for filing fees.
4.4. The arbitration will be governed by the Consumer Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless AFS and you agree otherwise, any arbitration hearings will take place in Arkansas. The arbitrator's award shall be final and binding on all parties, except (1) for judicial review expressly permitted by law or (2) if the arbitrator's award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator's application or conclusions of law.
4.5. If your claim is for US$1,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US$1,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision explaining the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of AFS’s last written settlement offer made before an arbitrator was selected (or if AFS did not make a settlement offer before an arbitrator was selected), then AFS will pay you the amount of the award. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.
4.6. YOU AND AFS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and AFS agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
5.2. Unsolicited Materials. AFS does not accept unsolicited materials or ideas for AFS, and is not responsible for the similarity of any of its services or benefits in anyway. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against AFS and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent.
5.3. Feedback. AFS is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us ("Feedback"), including responses to questionnaires or through postings to the AFS service, including our websites and user interfaces, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the AFS service. In addition, you agree not to enforce any "moral rights" in and to the Feedback, to the extent permitted by applicable law.
5.4. Customer Support. To find more information about our service and its features, or if you need assistance with your account, please visit the AFS Help Center, which is accessible through the MyAvidFinancial.com website.
5.7. Communication Preferences. We will send you information relating to your account (e.g. payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form or by mail, for example via emails to your email address provided during registration. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.