Version Date: May 05, 2019
All American Tax and Credit Adviser LLC makes no representation that the Website is appropriate or available in other locations other than where it is operated by All American Tax and Credit Adviser LLC. The information provided on the Website is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject All American Tax and Credit Adviser LLC to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Website from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
All users who are minors in the jurisdiction in which they reside (generally under the age of 18) are not permitted to register for the Website or use the All American Tax and Credit Adviser LLC Services.
YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT BY ACKNOWLEDGING SUCH ACCEPTANCE DURING THE REGISTRATION PROCESS (IF APPLICABLE) AND ALSO BY CONTINUING TO USE THE WEBSITE. IF YOU DO NOT AGREE TO ABIDE BY THIS AGREEMENT, OR TO MODIFICATIONS THAT ALL AMERICAN TAX AND CREDIT ADVISER LLC MAY MAKE TO THIS AGREEMENT IN THE FUTURE, DO NOT USE OR ACCESS OR CONTINUE TO USE OR ACCESS THE ALL AMERICAN TAX AND CREDIT ADVISER LLC SERVICES OR THE WEBSITE.
All American Tax and Credit Adviser LLC bills you through an online billing account for purchases of products and/or services. You agree to pay All American Tax and Credit Adviser LLC all charges at the prices then in effect for the products you or other persons using your billing account may purchase, and you authorize All American Tax and Credit Adviser LLC to charge your chosen payment provider for any such purchases. You agree to make payment using that selected payment method. If you have ordered a product or service that is subject to recurring charges then you consent to our charging your payment method on a recurring basis, without requiring your prior approval from you for each recurring charge until such time as you cancel the applicable product or service. All American Tax and Credit Adviser LLC reserves the right to correct any errors or mistakes in pricing that it makes even if it has already requested or received payment. Sales tax will be added to the sales price of purchases as deemed required by All American Tax and Credit Adviser LLC. All American Tax and Credit Adviser LLC may change prices at any time. All payments shall be in U.S. dollars.
You are entitled to a full refund if no items are deleted from your credit report in 180 days. Refund shall not exceed the amount you have paid during your first 180 days of service.
CREDIT MONITORING REQUIREMENT
You agree to sign up for and maintain credit monitoring service with Smart Credit for only $29.95 a month. This will allow us to access your credit reports and scores and update your records accordingly. You will be able to sign up within the client portal. All American Tax and Credit Adviser LLC reserves the right to deny service to the client if this requirement isn’t met.
Regarding Your Registration
By using the All American Tax and Credit Adviser LLC Services, you represent and warrant that:
A. all registration information you submit is truthful and accurate;
B. you will maintain the accuracy of such information;
C. you will keep your password confidential and will be responsible for all use of your password and account;
D. you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use this Website; and
E. your use of the All American Tax and Credit Adviser LLC Services does not violate any applicable law or regulation.
You also agree to (a) provide true, accurate, current and complete information about yourself as prompted by the Website’s registration form and (b) maintain and promptly update registration data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or All American Tax and Credit Adviser LLC has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, All American Tax and Credit Adviser LLC has the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof).
We reserve the right to remove or reclaim or change a user name you select if we determine appropriate in our discretion, such as when the user name is obscene or otherwise objectionable or when a trademark owner complains about a username that does not closely relate to a user’s actual name.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Website or the All American Tax and Credit Adviser LLC Services (“Submissions”) provided by you to All American Tax and Credit Adviser LLC are non-confidential and All American Tax and Credit Adviser LLC (as well as any designee of All American Tax and Credit Adviser LLC) shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You may not access or use the Website for any other purpose other than that for which All American Tax and Credit Adviser LLC makes it available. The Website may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by All American Tax and Credit Adviser LLC. Prohibited activity includes, but is not limited to:
A. attempting to bypass any measures of the Website designed to prevent or restrict access to the Website, or any portion of the Website
B. attempting to impersonate another user or person or using the username of another user
C. criminal or tortious activity
D. deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of the Website
E. deleting the copyright or other proprietary rights notice from any Website content
F. engaging in any automated use of the system, such as using any data mining, robots or similar data gathering and extraction tools
G. except as may be the result of standard search engine or Internet browser usage, using or launching, developing or distributing any automated system, including, without limitation, any spider, robot (or “bot”), cheat utility, scraper or offline reader that accesses the Website, or using or launching any unauthorized script or other software
H. harassing, annoying, intimidating or threatening any All American Tax and Credit Adviser LLC employees or agents engaged in providing any portion of the All American Tax and Credit Adviser LLC Services to you
I. interfering with, disrupting, or creating an undue burden on the Website or the networks or services connected to the Website
J. making any unauthorized use of the All American Tax and Credit Adviser LLC Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses
K. selling or otherwise transferring your profile
L. systematic retrieval of data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from All American Tax and Credit Adviser LLC
M. tricking, defrauding or misleading All American Tax and Credit Adviser LLC and other users, especially in an attempt to learn sensitive account information such as passwords
N. using any information obtained from the Website in order to harass, abuse, or harm another person
O. using the All American Tax and Credit Adviser LLC Services as part of an effort to compete with All American Tax and Credit Adviser LLC or to provide services as a service bureau
P. using the Website in a manner inconsistent with any and all applicable laws and regulations
INTELLECTUAL PROPERTY RIGHTS
The content on the Website (“All American Tax and Credit Adviser LLC Content”) and the trademarks, service marks and logos contained therein (“Marks”) are owned by or licensed to All American Tax and Credit Adviser LLC and are subject to copyright and other intellectual property rights under the United States and foreign laws and international conventions. All American Tax and Credit Adviser LLC Content includes, without limitation, all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics. All American Tax and Credit Adviser LLC graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, common law trademarks or trade dress of All American Tax and Credit Adviser LLC in the United States and/or other countries. All American Tax and Credit Adviser LLC’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the All American Tax and Credit Adviser LLC.
All American Tax and Credit Adviser LLC Content on the Website is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, aggregated, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Provided that you are eligible to use the Website, you are granted a limited license to access and use the Website and the All American Tax and Credit Adviser LLC Content and to download or print a copy of any portion of the All American Tax and Credit Adviser LLC Content to which you have properly gained access solely for your personal, non-commercial use. All American Tax and Credit Adviser LLC reserves all rights not expressly granted to you in and to the Website and All American Tax and Credit Adviser LLC Content and Marks.
THIRD PARTY WEBSITES AND CONTENT
The Website contains (or you may be sent through the Website or the All American Tax and Credit Adviser LLC Services) links to other websites (“Third Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the “Third Party Content”). Such Third Party Websites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Websites accessed through the Website or any Third Party Content posted on, available through or installed from the Website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Websites or the Third Party Content. The inclusion of, linking to or permitting the use or installation of any Third-Party Website or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Website and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Website or relating to any applications you use or install from the Website. Any purchases you make through Third Party Websites will be through other websites and from other companies, and All American Tax and Credit Adviser LLC takes no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.
All American Tax and Credit Adviser LLC reserves the right but does not have the obligation to:
A. monitor the Website for violations of this Agreement;
B. take appropriate legal action against anyone who, in All American Tax and Credit Adviser LLC’s sole discretion, violates this Agreement, including without limitation, reporting such user to law enforcement authorities;
C. in All American Tax and Credit Adviser LLC’s sole discretion and without limitation, refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any user’s contribution or any portion thereof that may violate this Agreement or any All American Tax and Credit Adviser LLC policy;
D. in All American Tax and Credit Adviser LLC’s sole discretion and without limitation, notice or liability to remove from the Website or otherwise disable all files and content that are excessive in size or are in any way burdensome to All American Tax and Credit Adviser LLC’s systems;
E. otherwise manage the Website in a manner designed to protect the rights and property of All American Tax and Credit Adviser LLC and others and to facilitate the proper functioning of the Website.
TERM AND TERMINATION
This Agreement shall remain in full force and effect while you use the Website or are otherwise a user or member of the Website, as applicable. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in your account settings, if available, or by contacting us using the contact information below.
WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, ALL AMERICAN TAX AND CREDIT ADVISER LLC RESERVES THE RIGHT TO, IN ALL AMERICAN TAX AND CREDIT ADVISER LLC’S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE WEBSITE AND THE ALL AMERICAN TAX AND CREDIT ADVISER LLC SERVICES, TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION, AND ALL AMERICAN TAX AND CREDIT ADVISER LLC MAY TERMINATE YOUR USE OR PARTICIPATION IN THE WEBSITE AND THE ALL AMERICAN TAX AND CREDIT ADVISER LLC SERVICES, DELETE YOUR PROFILE AND ANY CONTENT OR INFORMATION THAT YOU HAVE POSTED AT ANY TIME, WITHOUT WARNING, IN ALL AMERICAN TAX AND CREDIT ADVISER LLC’S SOLE DISCRETION.
To protect the integrity of the Website and All American Tax and Credit Adviser LLC Services, All American Tax and Credit Adviser LLC reserves the right at any time in its sole discretion to block certain IP addresses from accessing the Website and All American Tax and Credit Adviser LLC Services.
Any provisions of this Agreement that, in order to fulfill the purposes of such provisions, need to survive the termination or expiration of this Agreement, shall be deemed to survive for as long as necessary to fulfill such purposes.
YOU UNDERSTAND THAT CERTAIN STATES ALLOW YOU TO CANCEL THIS AGREEMENT, WITHOUT ANY PENALTY OR OBLIGATION, AT ANY TIME PRIOR TO MIDNIGHT OF ALL AMERICAN TAX AND CREDIT ADVISER LLC’S THIRD BUSINESS DAY FOLLOWING THE DATE OF THIS AGREEMENT, EXCLUDING SUNDAYS AND HOLIDAYS. TO CANCEL, CALL AN ALL AMERICAN TAX AND CREDIT ADVISER LLC CUSTOMER CARE REPRESENTATIVE DURING NORMAL BUSINESS HOURS USING THE CONTACT INFORMATION LISTING BELOW IN THIS AGREEMENT OR BY ACCESSING YOUR ACCOUNT SETTINGS. THIS SECTION APPLIES ONLY TO INDIVIDUALS RESIDING IN STATES WITH SUCH LAWS.
If All American Tax and Credit Adviser LLC terminates or suspends your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, All American Tax and Credit Adviser LLC reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
All American Tax and Credit Adviser LLC may modify this Agreement from time to time. All changes to this Agreement will be posted on the Website and revisions will be indicated by date. You agree to be bound by any changes to this Agreement when you use the All American Tax and Credit Adviser LLC Services after any such modification becomes effective. All American Tax and Credit Adviser LLC may also, in its discretion, choose to alert all users with whom it maintains email information of such modifications by means of an email to their most recently provided email address. It is therefore important that you regularly review this Agreement and keep your contact information current in your account settings to ensure you are informed of changes. You agree that you will periodically check the Website for updates to this Agreement and you will read the messages we send you to inform you of any changes. Modifications to this Agreement shall be effective after posting.
All American Tax and Credit Adviser LLC reserves the right at any time to modify or discontinue, temporarily or permanently, the All American Tax and Credit Adviser LLC Services (or any part thereof) with or without notice. You agree that All American Tax and Credit Adviser LLC shall not be liable to you or to any third party for any modification, suspension or discontinuance of the All American Tax and Credit Adviser LLC Services.
If there is a dispute between users of the Website, or between users and any third party, you understand and agree that All American Tax and Credit Adviser LLC is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release All American Tax and Credit Adviser LLC, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the All American Tax and Credit Adviser LLC Services.
With All American Tax and Credit Adviser LLC
A. Governing Law; Jurisdiction. This Agreement and all aspects of the Website and All American Tax and Credit Adviser LLC Services shall be governed by and construed in accordance with the internal laws of the State/Commonwealth of Delaware, without regard to conflict of law provisions. With respect to any disputes or claims not subject to informal dispute resolution or arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts located in New Castle County, State of Delaware, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non convenience with respect to, venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods is excluded from this Agreement. Additionally, application of the Uniform Computer Information Transaction Act (UCITA) is excluded from this Agreement. In no event shall any claim, action or proceeding by you related in any way to the Website or All American Tax and Credit Adviser LLC Services be instituted more than two (2) years after the cause of action arose.
B. Informal Resolution. To expedite resolution and control the cost of any dispute, controversy or claim related to this Agreement (“Dispute”), you and All American Tax and Credit Adviser LLC agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least Thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other.
C. Binding Arbitration. If you and All American Tax and Credit Adviser LLC are unable to resolve a Dispute through informal negotiations, either you or All American Tax and Credit Adviser LLC may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, All American Tax and Credit Adviser LLC will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in New Castle County, State of Delaware. Except as otherwise provided in this Agreement, you and All American Tax and Credit Adviser LLC may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
D. Restrictions. You and All American Tax and Credit Adviser LLC agree that any arbitration shall be limited to the Dispute between All American Tax and Credit Adviser LLC and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
E. Exceptions to Informal Negotiations and Arbitration. You and All American Tax and Credit Adviser LLC agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of any of your or All American Tax and Credit Adviser LLC’s intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief. If this Section is found to be illegal or unenforceable then neither you nor All American Tax and Credit Adviser LLC will elect to arbitrate any Dispute falling within that portion of this Section found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and you and All American Tax and Credit Adviser LLC agree to submit to the personal jurisdiction of that court.
Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, availability, and various other information. All American Tax and Credit Adviser LLC reserves the right to correct any errors, inaccuracies or omissions and to change or update the information at any time, without prior notice.
All American Tax and Credit Adviser LLC cannot control the nature of all the content available on the Website. By operating the Website, All American Tax and Credit Adviser LLC does not represent or imply that All American Tax and Credit Adviser LLC endorses any blogs, contributions or other content available on or linked to by the Website, including without limitation content hosted on third party websites or provided by third-party applications, or that All American Tax and Credit Adviser LLC believes contributions, blogs or other content to be accurate, useful or non-harmful. We do not control and are not responsible for unlawful or otherwise objectionable content you may encounter on the Website or in connection with any contributions. The All American Tax and Credit Adviser LLC is not responsible for the conduct, whether online or offline, of any user of the Website or All American Tax and Credit Adviser LLC Services.
YOU AGREE THAT YOUR USE OF THE WEBSITE AND ALL AMERICAN TAX AND CREDIT ADVISER LLC SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, ALL AMERICAN TAX AND CREDIT ADVISER LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND THE ALL AMERICAN TAX AND CREDIT ADVISER LLC SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ALL AMERICAN TAX AND CREDIT ADVISER LLC MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE OR ALL AMERICAN TAX AND CREDIT ADVISER LLC SERVICES, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. ALL AMERICAN TAX AND CREDIT ADVISER LLC DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND ALL AMERICAN TAX AND CREDIT ADVISER LLC WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
IN NO EVENT SHALL ALL AMERICAN TAX AND CREDIT ADVISER LLC OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA OR OTHER DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR ALL AMERICAN TAX AND CREDIT ADVISER LLC SERVICES, EVEN IF ALL AMERICAN TAX AND CREDIT ADVISER LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ALL AMERICAN TAX AND CREDIT ADVISER LLC’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO ALL AMERICAN TAX AND CREDIT ADVISER LLC FOR THE ALL AMERICAN TAX AND CREDIT ADVISER LLC SERVICES DURING THE PERIOD OF THREE (3) MONTHS PRIOR TO ANY CAUSE OF ACTION ARISING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 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.”
You agree to defend, indemnify and hold All American Tax and Credit Adviser LLC, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from and against, any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of your contributed content, use of the All American Tax and Credit Adviser LLC Services, and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above. Notwithstanding the foregoing, All American Tax and Credit Adviser LLC reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify All American Tax and Credit Adviser LLC, and you agree to cooperate, at your expense, with All American Tax and Credit Adviser LLC’s defense of such claims. The All American Tax and Credit Adviser LLC will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
Except as explicitly stated otherwise, any notices given to All American Tax and Credit Adviser LLC shall be given by email to the address listed in the contact information below. Any notices given to you shall be given to the email address you provided during the registration process, or such other address as each party may specify. The notice shall be deemed to be given twenty-four (24) hours after the email is sent unless the sending party is notified that the email address is invalid. We may also choose to send notices by regular mail.
Our Website will maintain certain data that you transfer to the Website for the purpose of the performance of the All American Tax and Credit Adviser LLC Services, as well as data relating to your use of the All American Tax and Credit Adviser LLC Services. Although we perform regular routine backups of data, you are primarily responsible for all data that you have transferred or that relates to any activity you have undertaken using the All American Tax and Credit Adviser LLC Services. You agree that All American Tax and Credit Adviser LLC shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against All American Tax and Credit Adviser LLC arising from any such loss or corruption of such data.
Your use of the All American Tax and Credit Adviser LLC Services includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO RELATING TO THE ALL AMERICAN TAX AND CREDIT ADVISER LLC SERVICES, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
Users are allowed on All American Tax and Credit Adviser LLC to transmit and receive valid electronic signatures in the United States under the Electronic Signatures in Global and National Commerce Act (E-Sign Act) of 2000 and the Uniform Electronic Transactions Act (UETA) of 1999 as adopted by individual states. Users’ signatures and identities are not authenticated on All American Tax and Credit Adviser LLC.
This Agreement constitutes the entire agreement between you and All American Tax and Credit Adviser LLC regarding the use of the All American Tax and Credit Adviser LLC Services. The failure of All American Tax and Credit Adviser LLC to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. This Agreement and your account may not be assigned by you without our express written consent. All American Tax and Credit Adviser LLC may assign any or all of its rights and obligations to others at any time. All American Tax and Credit Adviser LLC shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond All American Tax and Credit Adviser LLC’s reasonable control. If any provision or part of a provision of this Agreement is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and All American Tax and Credit Adviser LLC as a result of this Agreement or use of the Website and All American Tax and Credit Adviser LLC Services. Upon All American Tax and Credit Adviser LLC’s request, you will furnish All American Tax and Credit Adviser LLC any documentation, substantiation or releases necessary to verify your compliance with this Agreement. You agree that this Agreement will not be construed against All American Tax and Credit Adviser LLC by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement.
In order to resolve a complaint regarding the All American Tax and Credit Adviser LLC Services or to receive further information regarding use of the All American Tax and Credit Adviser LLC Services, please contact All American Tax and Credit Adviser LLC as set forth below or, if any complaint with us is not satisfactorily resolved, and you are a California resident, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 “R” Street, Sacramento, California 95814 or by telephone at 1-916-445-1254.
All American Tax and Credit Adviser LLC
P.O. Box 2036
Flowery Branch, Ga 30542
Phone: (770) 280-1082