Tax Relief - IRS Problems! -100% FREE Consultation- (2023)

TERMS OF USE

Acceptance of the Terms of Use

These terms of use are entered into by and between You and Optima Tax Relief LLC (“Company”, “We”, “Us”, “Our”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern Your access to an use of Company’s website and web based client portal, including any content, functionality, andservicesoffered on or through www.optimataxrelief.com and/or the client portal (the “Website”), whether as a guest or registered user.

Please read the Terms of Use carefully before You start to usethe Website. By using the Website or by clicking to accept or agree to theTerms of Use when this option is made available to You, You accept and agree tobe bound and abide by these Terms of Use and Our PrivacyPolicy, incorporated herein by reference.If You do not want to agree to these Terms of Use or the PrivacyPolicy, You must not access or use the Website.

By using this Website, You representand warrant that You are of legal age to form a binding contract with theCompany. If You are not of legal age to form a binding contract with theCompany, You must not access or use the Website.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time inour sole discretion. All changes are effective immediately upon Us postingthem, and apply to all access to and use of the Website thereafter, except anychanges to the dispute resolution provisions set out in Governing Law andJurisdiction will not apply to any disputes for which the parties have actualnotice on or before the date the change is posted on the Website. You areexpected to check this page periodically so that You are aware of any changes.Your continued use of the Website following the posting of revised Terms of Usemeans that You accept and agree to the changes.

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and anyservice or material We provide on the Website, in Our sole discretion withoutnotice. We will not be liable if for any reason all or any part of the Websiteis unavailable at any time or for any period. From time to time, We may restrict access to some parts of the Website, or theentire Website, to users, including registered users.

To access the Website or some of the resources it offers, You may be asked to provide certain registration details orother information. It is a condition of Your use of the Website that all theinformation You provide on the Website is correct, current, and complete. Youagree that all information You provide, and Your use of the Website, isgoverned by OurPrivacyPolicy[https://www.optimataxrelief.com/about-us/privacy/], and You consent toall actions We take with respect to Your information consistent with OurPrivacy Policy.

Any user name, password, or any other piece of information Youutilize as part of Our security procedures to access the Website isconfidential, and You must not disclose it to any other person or entity. Youalso acknowledge that Your account is personal to You and agree not to provideany other person with access to this Website or portions of it using Your username, password, or any other security information. You agree to notify Usimmediately of any unauthorized access to, or use of, Your user name orpassword or any other breach of security. You also agree to ensure that Youexit from Your account at the end of each session. You should use particular cautionwhen accessing Your account from a public or shared computer so that others arenot able to view or record Your password or other personal information.

We have the right to disable any user name, password, or otheridentifier at any time, in Our sole discretion for any or no reason includingif, in Our opinion, You have violated any provision of these Terms of Use.

Intellectual Property Rights

The Website and its entire contents, features, and functionality(including but not limited to all information, software, text, displays,images, video, and audio, and the design, selection, and arrangement thereof)are owned by the Company, its licensors, or other providers of such materialand are protected by United States and international copyright, trademark,patent, trade secret, and other intellectual property or proprietary rightslaw.

These Terms of Use permit You to use the Website for Yourpersonal, non-commercial use only. You must not reproduce, distribute, modify,create derivative works of, publically display, publicly perform, republish,download, store, or transmit any of the material on our Website, except asfollows: (i) Your computer may temporarily storecopies of such materials in RAM incidental to Your accessing and viewing thosematerials; (ii) You may store files that are automatically cached by Your Webbrowser for display enhancement purposes; (iii) You may print or download onecopy of a reasonable number of pages of the Website for Your own personal,non-commercial use and not for further reproduction, publication, ordistribution; and (iv) You may print or download copies of documents providedto You as part of the services We provide to You through Our Website orweb-based portal for Your records and Your own personal, non-commercial use.You must not access or use any part of the Website or any services or materialsavailable through the Website for any commercial purposes, including resellingand/or co-branding/private labeling.

If you print, copy, modify, download, or otherwise use orprovide any other person with access to any part of the Website in breach ofthe Terms of Use, Your right to use the Website willstop immediately and You must, at Our option, return or destroy any copies ofthe materials You have made. With the exception of documentsYou provide to Us and documents We prepare for You, such as tax returns, aspart of the services We provide, no right, title, or interest in or to theWebsite or any content on the Website is transferred to You, and all rights notexpressly granted are reserved by the Company. Any use of the Website notexpressly permitted by these Terms of Use is a breach of these Terms of Use andmay violate copyright, trademark, and other laws.

Trademarks

The Company name and logo, and all related names, logos, productand service names, designs, and slogans are trademarks of the Company or itsaffiliates or licensors. You must not use such marks without the prior writtenpermission of the Company. All other names, logos, products and service names,designs, and slogans on this Website are the trademarks of their respectiveowners.

Prohibited Uses

You may use the Website only for lawful purposes and inaccordance with these Terms of Use. You agree not to use the Website: (i) in any way that violates any applicable federal, state,local, or international law or regulation; (ii) to transmit, or procure thesending of, any advertising or promotional material without prior writtenconsent, including any 'junk mail', 'chain letter', 'spam', or any othersimilar solicitation; (iii) to impersonate or attempt to impersonate theCompany, a Company employee, or another user, or any other person or entity(including, without limitation, by using email addresses or user namesassociated with any of the foregoing); or (iv) to engage in any other conductthat restricts or inhibits anyone's use or enjoyment of the Website, or whichas determined by Us, may harm the Company or users of the Website or exposethem to liability.

Additionally, You agree not to: (i)use the Website in any manner that could disable, overburden, damage, or impairthe site or interfere with any other party's use of the Website, includingtheir ability to engage in real time activities through the Website; (ii) useany robot, spider, or other automatic device, process, or means to access theWebsite for any purpose; (iii) use any device or process to monitor or copy anyof the material on the Website or for any other unauthorized purpose withoutOur prior written consent; (iv) introduce any viruses, Trojan horses, worms,logic bombs, or other material that is malicious or technologically harmful;(v) attempt to gain unauthorized access to, interfere with, damage, or disruptany parts of the Website, the server on which the Website is stored, or any server,computer, or database connected to the Website; (vi) attack the Website via adenial-of-service attack or a distributed denial-of-service attack; or (vii)otherwise attempt to interfere with the proper working of the Website.

Changes to the Website

We may update the content on this Website from time to time, butits content is not necessarily complete or up-to-date. Any of the material onthe Website may be out of date at any given time, and We are under noobligation to update such material.

Information About You and Your Visits to the Website

All information We collect on this Website is subject to OurPrivacy Policy [https://www.optimataxrelief.com/about-us/privacy/]. By using theWebsite, You consent to all actions taken by Us withrespect to Your information in compliance with the Privacy Policy.

Linking to the Website

You may link to Our homepage, provided You do so in a way thatis fair and legal and does not damage Our reputation or take advantage of it,but You must not establish a link in such a way as to suggest any form ofassociation, approval, or endorsement on Our part without Our express writtenconsent. You agree to cooperate with Us in causing any unauthorized framing orlinking immediately to stop. We reserve the right to withdraw linkingpermission without notice at any time in Our discretion.

Links from the Website

If the Website contains links to other sites and resourcesprovided by third parties, these links are provided for Your convenience only.This includes links contained in advertisements, including banneradvertisements and sponsored links. We have no control over the contents ofthose sites or resources, and accept no responsibility for them or for any lossor damage that may arise from Your use of them. If You decide to access any ofthe third-party websites linked to this Website, Youdo so entirely at Your own risk and subject to the terms and conditions of usefor such websites.

Geographic Restrictions

The owner of the Website is based in the United States. Weprovide this Website for use only by persons located in the United States. Wemake no claims that the Website or any of its content is accessible orappropriate outside of the United States.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrantthat files available for downloading from the internet or the website will befree of viruses or other destructive code. You are responsible for implementingsufficient procedures and checkpoints to satisfy your particular requirementsfor anti-virus protection and accuracy of data input and output, and formaintaining a means external to our site for any reconstruction of any lostdata.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMSOBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, ANDANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN 'AS IS'AND 'AS AVAILABLE' BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS ORIMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKESANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY,RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUTLIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THECOMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICESOR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE,OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVERTHAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, ORTHAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILLOTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBYDISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OROTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY,NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOTAFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THECOMPANY, ITS AFFILIATES, OR THEIR LICENCORS, SERVICE PROVIDERS, EMPLOYEES,AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANYLEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TOUSE, THE WEBSITE, AND WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCHOTHER WEBSITES, ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICEATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOURCOMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUETO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITEOR TO YOUR DOWNLOADING OF ANY MATERIAL POSED ON IT, OR ON ANY WEBSITE LINKED TOIT, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, ORPUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN ANDSUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OFBUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA,AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OROTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITYTHAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless the Company,its affiliates, licensors, and service providers, and its and their respectiveofficers, directors, employees, contractors, agents, licensors, suppliers,successors, and assigns from and against any claims, liabilities, damages,judgments, awards, losses, costs, expenses, or fees (including reasonableattorneys' fees) arising out of or relating to Your violation of these Terms ofUse or Your use of the Website, including, but not limited to, any use of theWebsite's content, services, and products other than as expressly authorized inthese Terms of Use or Your use of any information obtained from the Website.

Governing Law

All matters relating to the Website and these Terms of Use andany dispute or claim arising therefrom or related thereto (in each case,including non-contractual disputes or claims), shall be governed by andconstrued in accordance with the internal laws of the State of Californiawithout giving effect to any choice or conflict of law provision or rule.

Arbitration of Dispute

TO THE EXTENT ALLOWED BY LAW, YOU AND COMPANY EACH AGREE THATTHEY MAY ONLY BRING CLAIMS AGAINST THE OTHER IN ARBIRATION AND IN HIS/HER ORITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF ON A CLASS WIDE BASIS, FURTHER,COMPANY AND YOU WAIVE ANY RIGHT TO TRAIL BY A JURY IN ANY LAWSUIT, OR OTHERSIMILAR PROCEEDING.

(a) IN THE EVENT OF ANY CONTROVERSY, CLAIM OR DISPUTE BETWEENTHE PARTIES ARISING OUT OF OR RELATING TO THESE TERMS OF USE, THE BREACH,TERMINATION, ENFORCEMENT, INTERPRETATION OR VALIDITY THEREOF, INCLUDING THEDETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, ORTHE WEBSITE AND ANY CONTROVERSY, CLAIM OR DISPUTE ARISING PRIOR TO THISAGREEMENT OR AFTER ANY TERMINATION OF USE OF THE WEBSITE ARISING OUT OF OR INANYWAY RELATED TO PHONE CALLS OR OTHER ATTEMPTED CONTACT, SHALL BE SOLELYDETERMINED BY BINDING ARBITRATION IN ORANGE COUNTY, CALIFORNIA, OR IN THECOUNTY IN WHICH YOU RESIDE, IN ACCORDANCE WITH THE LAWS OF THE STATE OFCALIFORNIA FOR AGREEMENTS TO BE MADE AND TO BE PERFORMED IN CALIFORNIA, ORUNDER THE LAWS OF THE STATE IN WHICH THE CLIENT RESIDES FOR ANY OTHER AGREEMENTS.

(b) ANY CLAIMANTUNDER THIS ARBITRATION AGREEMENT MUST FIRST SUBMIT TO THE OTHER PARTY A WRITTENNOTICE OF THE CLAIMANT'S CLAIM AGAINST OR DISPUTE WITH THE OTHER PARTY, SUCHNOTICE MUST INCLUDE ANY EXPLANATION OF THE CLAIM AND A STATEMENT OF THE CLAIMANT'SREQUEST FOR RESOLUTION. THE PARTY RECEIVING THE CLAIM OR DISPUTE SHALL THEN BEENTITLED TO A PERIOD OF SIXTY (60) DAYS TO CURE SUCH CLAIM OR DISPUTE. IF THEPARTIES ARE UNABLE TO RESOLVE THE CLAIM OR DISPUTE WITHIN SUCH 60-DAY PERIOD,THEN THE CLAIM OR DISPUTE SHALL BE SOLELY RESOLVED, ON AN INDIVIDUAL,NON-CLASS, BASIS BY BINDING ARBITRATION BEFORE A SINGLE ARBITRATOR. PRIOR TOTHE CLAIMANT COMMENCING ARBITRATION, THE PARTIES SHALL MUTUALLY AGREE UPON THEARBITRAL INSTITUTION THAT WILL ADMINISTER THE ARBITRATION. IN THE EVENT THAT NOARBITRAL INSTITUTION CAN BE AGREED UPON THEN THE PARTIES AGREE TO USE JAMS. THEARBITRATION SHALL BE ADMINISTERED PURSUANT TO THE MUTUALLY AGREED ARBITRALINSTITUTION'S RULE AND PROCEDURES AND A SINGLE ARBITRATOR WILL BE SELECTEDTHEREFROM.

(c) THE ARBITRATOR SHALL BE NEUTRAL AND INDEPENDENT, LICENSED TOPRACTICE LAW IN THE JURISDICTION WHERE THE ARBITRATION IS TAKING PLACE ANDSHALL COMPLY WITH THE ARBITRAL INSTITUTION'S CODE OF ETHICS AND HAVE EXPERIENCEIN THE SUBJECT MATTER OF THE DISPUTE. THE ARBITRATOR SHALL HAVE THE AUTHORITYTO GRANT ANY REMEDY OR RELIEF THAT THE ARBITRATOR DEEMS JUST AND EQUITABLE AND WITHINTHE SCOPE OF THE AGREEMENT OF THE PARTIES PROVIDED IT IS INDIVIDUAL IN NATURE.THE ARBITRATOR SHALL ISSUE A REASONED AWARD FOLLOWING THE APPLICABLE LAW ANDSUCH AWARD SHALL BE FINAL AND SHALL NOT BE SUBJECT TO VACATION OR MODIFICATION.THE AWARD AND THE RECORD IN ARBITRATION SHALL BE CONFIDENTIAL, EXCEPT THAT - JUDGMENTON THE AWARD MADE BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVINGJURISDICTION OVER THE PARTIES. IF EITHER PARTY FAILS TO COMPLY WITH THEARBITRATOR'S AWARD, THE OTHER PARTY MAY PETITION THE COURT FOR ENFORCEMENT. THEPARTIES AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OF MORE THANONE PERSON'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OFREPRESENTATIVE OR CLASS PROCEEDINGS. TO THE EXTENT PERMITTED BY LAW, THEPARTIES SHALL BEAR THE COST OF ARBITRATION INCLUDING, ATTORNEY'S FEES,SEPARATELY. IF THE ARBITRATOR DETERMINES THAT A PARTY HAS GENERALLY PREVAILEDIN THE ARBITRATION PRECEDING, THEN THE ARBITRATOR SHALL AWARD TO THAT PARTY ITSREASONABLE ATTORNEY'S FEES AND LEGAL COSTS. IN THE EVENT A PARTY FAILS TOPROCEED WITH ARBITRATION OR UNSUCCESSFULLY CHALLENGES THE ARBITRATOR'S AWARD,THE OTHER PARTY IS ENTITLED TO COSTS OF SUIT, INCLUDING REASONABLE ATTORNEY'SFEE FOR HAVING TO COMPEL ARBITRATION OR DEFEND OR ENFORCE THE AWARD. THISSECTION AND THE REQUIREMENT TO ARBITRATE SHALL SURVIVE ANY TERMINATION OF USEOF THE WEBSITE.

(d) SHOULD ANY PROVISION OF THIS ARBITRATION AGREEMENT-EXCEPTINGTHE REQUIREMNET THAT ARBITRATION PROCEED ON AN INDIVIDUAL BASIS ONLY-BE DEEMEDUNENFORCEABLE, IT SHALL BE DEEMED SEVERABLE AND THE REMAINDER OF THEARBITRATION AGREEMENT SHALL BE ENFORCED.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF ORRELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEARAFTER THE CAUSE OF ACTION OCCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM ISPERMANENTLY BARRED.

Waiver and Severability

No waiver by the Company of any term or condition set out inthese Terms of Use shall be deemed a further or continuing waiver of such termor condition or a waiver of any other term of condition, and any failure of theCompany to assert a right or provision under these Terms of Use shall notconstitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court orother tribunal of competent jurisdiction to be invalid, illegal, orunenforceable for any reason, such provision shall be eliminated or limited tothe minimum extent such that the remaining provisions of the Terms of Use willcontinue in full force and effect.

Entire Agreement

The Terms of Use and Our Privacy Policy constitute the sole andentire agreement between You and Company regarding the Website and supersedeall prior and contemporaneous understandings, agreements, representations, andwarranties, both written and oral, regarding the Website.