This Terms of Service and License Agreement (“this Agreement”) is a legally-binding contract between Maximum Accounting and Tax Services LLC (“Maximum”, “Maximum ATS”, “we”, “us”, or “our”) and you (“you”, “your”, or “user”), a visitor or user of Maximum ATS’s websites, mobile applications, online and offline tax return preparation products, and related services, and, if selected by you, Maximum ATS’s electronic filing services (collectively, the “Services”) for the Services related to the tax year then current at the time this Agreement is accepted or amended.
You may not use the Services until you have read and agreed to this Agreement. By using the Services, you indicate your unconditional acceptance of this Agreement. If you do not accept this Agreement, you must terminate your use of the Services and leave our websites immediately.
Maximum ATS may at its discretion change or update this Agreement without notice to you.
The Services and all related text, graphics, images, photographs, videos, illustrations, computer code, and other information, materials and content contained on this website, other websites owned by Maximum ATS, or contained in the Services or provided by Maximum ATS in connection therewith (collectively, “Content”) are owned by or licensed to Maximum ATS and are protected under both United States and foreign laws. Except as explicitly stated in this Agreement, Maximum ATS and its licensors reserve all right in and to the Services and Content.
By sharing your telephone number and email address with the us, you expressly request and agree to receive information from Maximum ATS and its affiliates via telephone call including to your cellular telephone or other mobile device, including through the use of an automatic telephone dialing system or artificial/ prerecorded voice, email, Facebook Messenger message, push notification, SMS or MMS (text) messages to your cellular telephone or other mobile device even if your telephone number(s) is/are currently listed on any state, federal or corporate Do Not Call list. Such consent is not a requirement to purchasing any good or service that the Company may offer or is offering. Standard text message rates and cellular data charges apply. You may opt-out of certain of these communications within the settings of your device or by contacting us at email@example.com.
You understand and acknowledge that electronic communications in general may be inherently unsecure at times, and that both the Company and you will take reasonable steps to maintain the Privacy of the communications that take place between yourself and Maximum ATS
You are solely responsible for any information that you submit within the Site. By accessing or utilizing this Site, you agree not to submit, post, or transmit any defamatory, abusive, obscene, threatening or illegal material, or any other material that infringes on the ability of others to enjoy this Site or that infringes on the rights of others. You are prohibited from: (1) attempting to access data, servers, or accounts that you are not authorized to access; (2) interfering with our Site’s security protocols; (3) probing our network systems for vulnerabilities; (4) attempting to upload or otherwise transmit a virus or other hostile or harmful subroutine or other program, including launching of brute-force password attacks; or (5) in any manner violating applicable laws or regulations. We retain the right to deny or revoke access to anyone who we believe has violated these terms or any other term of this agreement.
We reserve the right (but assume no obligation) to monitor, delete, move, or edit any submission that comes to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons. We will comply with all requirements of the law regarding disclosure of any submissions or postings within the Site to others, including to law enforcement agencies and parties making civil legal requests. We will also comply with any other requirements of the law regarding disclosure of other aspects of your use of this Site.
You agree and acknowledge that the Company, in its sole discretion, reserves the right at any time to terminate your access to, and use of, any Maximum ATS Site without any prior notice or liability, for any reason, including, but not limited to, our belief that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions of Use. The provisions of these Terms and Conditions of Use shall survive any termination of your access to the Application.
The Company reserves the right to seek any remedy available at law or in equity for any violation of these Terms and Conditions of Use, including the right to block access from a particular Internet Protocol (IP) Address to the Application, and irreparable harm will be presumed by any violation of these Terms and Conditions of Use.
You agree to indemnify, defend, and hold harmless the Company, its parents, subsidiaries, and affiliates and all of their respective officers, directors, managers and other partners, employees, consultants and agents, from and against any and against all claims, losses, expenses, damages and costs (including reasonable attorney fees and court costs) resulting from resulting from any breach of this agreement or unauthorized use of this website. Your indemnification obligation shall survive the termination of this agreement. At our expense and election, we reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you and you agree to cooperate with Company in connection with our defense.
YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK, AND PROVIDED TO YOU ON AN “AS IS,” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY THE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE THIS WEBSITE.
FURTHER, THE COMPANY CANNOT AND DOES NOT WARRANT THAT ANY MATERIAL POSTED WITHIN THIS WEBSITE ENVIRONMENT IS COMPLETE OR ACCURATE WILL BE CONTINUOUSLY AVAILABLE, OR THAT THE SITE WILL BE FREE FROM INTERRUPTIONS, DELAYS, ERRORS, OMISSIONS, INACCURACIES, OR OTHER PROBLEMS INHERENTLY EXISTENT WITH SUCH INFORMATION. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE COMPANY HAS NO CONTROL OVER, AND CANNOT AND DOES NOT WARRANT THE ACCURACY OF ANY INFORMATION CONTAINED OR PURPORTED TO BE MATERIALLY CONTAINED WITHIN THIS WEBSITE. YOU ACKNOWLEDGE THAT THE COMPANY HAS NO DUTY TO WARRANT THE ACCURACY OF SUCH INFORMATION, AND IF YOU RELY ON THIS SITE OR ANY MATERIAL AVAILABLE THROUGH IT, YOU DO SO AT YOUR OWN RISK.
YOU UNDERSTAND AND ACKNOWLEDGE THAT TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL THE COMPANY, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, DIRECTORS, MANAGERS, AGENTS, OR LICENSORS BE LIABLE FOR ANY DAMAGES ARISING OUT OF ANY RELIANCE ON THE MATERIAL CONTAINED WITHIN OR PERIPHERAL TO THIS WEBSITE, OR ERRORS, MISTAKES, OMISSIONS, FILE DELETIONS, OPERATIONAL DELAYS OR DELAYS RELATED TO TRANSMISSION, NONDELIVERY OF INFORMATION, OR ANY OTHER FAILURE OF PERFORMANCE, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES SUCH AS LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF THE FORM OR CAUSE OF ACTION INCLUDING, BUT NOT LIMITED TO, CONTRACT, NEGLIGENCE, STRICT AND PRODUCT LIABILITY, AND OTHER TORT ACTIONS.
YOU AGREE THAT IN THE EVENT THAT YOU ARE IN ANY WAY DISSATISFIED WITH THE PRODUCTS OFFERED ON ANY MAXIMUM ATS WEBSITE, OR BRING ANY MANNER OF LEGAL CLAIM IN ANY WAY CONNECTED WITH THIS OR OTHER MAXIMUM ATS WEBSITES, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE LIMITED TO DISCONTINUANCE OF THE SITE AND REFUND OF YOUR PURCHASE PRICE OR ANY FEES YOU MAY HAVE PAID TO COMPANY.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that the Company may not, as a matter of applicable law, disclaim any implied warranty or limit its abilities, the scope and duration of our liability shall be the minimum permitted under such applicable law.
Each provision of this living Agreement is possessed of fully independent force, effect, and significance. If any provision of this Agreement is, in any manner, found to be impermissible according to applicable law or invalid, such finding shall not affect the permissibility or validity of the remaining terms of this Agreement, which shall remain in full force and effect. Further, these Terms and Conditions constitute the full and complete Agreement between the parties concerning the subject matter herein, and supersede any and all other agreements both oral and written.
By visiting and/or using any Maximum ATS Site from within the United States, you agree that the laws of North Carolina, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and Company or its affiliates.
IN THE EVENT OF ANY CONTROVERSY, CLAIM OR DISPUTE BETWEEN THE PARTIES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION OR VALIDITY THEREOF, INCLUDING THE TERMINATION OR THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, SHALL BE DETERMINED BY ARBITRATION IN CHARLOTTE, NORTH CAROLINA. THE PARTIES AGREE, THE ARBITRATION SHALL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) PURSUANT TO ITS RULES AND PROCEDURES AND AN ARBITRATOR SHALL BE SELECTED BY THE AAA. THE ARBITRATOR SHALL BE NEUTRAL AND INDEPENDENT AND SHALL COMPLY WITH THE AAA CODE OF ETHICS.
THE AWARD RENDERED BY THE ARBITRATOR SHALL BE FINAL AND SHALL NOT BE SUBJECT TO VACATION OR MODIFICATION. JUDGMENT ON THE AWARD MADE BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION OVER THE PARTIES. IF EITHER PARTY FAILS TO COMPLY WITH THE ARBITRATOR’S AWARD, THE INJURED PARTY MAY PETITION THE CIRCUIT COURT FOR ENFORCEMENT. THE PARTIES AGREE THAT EITHER PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN HIS/HER OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, THE PARTIES AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OF MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING. THE PARTIES SHALL SHARE THE COST OF ARBITRATION (NOT INCLUDING THEIR OWN ATTORNEYS FEES), EQUALLY. IN THE EVENT A PARTY FAILS TO PROCEED WITH ARBITRATION, UNSUCCESSFULLY CHALLENGES THE ARBITRATOR’S AWARD, OR FAILS TO COMPLY WITH THE ARBITRATOR’S AWARD, THE OTHER PARTY IS ENTITLED TO COSTS OF SUIT, INCLUDING A REASONABLE ATTORNEY’S FEE FOR HAVING TO COMPEL ARBITRATION OR DEFEND OR ENFORCE THE AWARD.
Unless expressly permitted in writing by the Company, you agree not to reproduce, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of the Site.
Links from and to this Website.
You acknowledge and agree that Maximum ATS and any of its website co-branding providers have no responsibility for the accuracy or availability of information provided by linked sites. Links to external web sites do not constitute an endorsement by Maximum ATS or its website co-branding providers of the sponsors of such sites or the content, products, advertising or other materials presented on such sites.
Information in the many web pages that are linked to Maximum ATS’s Websites comes from a variety of sources. Some of this information comes from official Maximum ATS licensees, but much of it comes from unofficial or unaffiliated organizations and individuals, both internal and external to Maximum ATS. Maximum ATS does not author, edit, or monitor these unofficial pages or links. You acknowledge and agree that Maximum ATS and its Website Co-branding Providers shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such external sites or resources.
Maximum ATS is taking reasonable and appropriate measures, including encryption, to ensure that your personal information is disclosed only to those specified by you. However, the Internet is an open system and we cannot and do not guarantee that the personal information you have entered will not be intercepted by others and decrypted.
If you wish to make purchases through the Site, you may be asked by the merchant or information or service provider from whom you are making the purchase to supply certain information, including credit card or other payment mechanism information. You agree not to hold Maximum ATS liable for any loss or damage of any sort incurred as a result of any such dealings with any merchant or information or service provider through the Site. You agree that all information you provide any merchant or information or service provider through the Site for purposes of making purchases will be accurate, complete and current. The merchants and information and service providers offering merchandise, information and services through the Site set their own prices and may change prices or institute new prices at any time. You agree to pay all charges incurred by users of your account and credit card or other payment mechanism at the prices in effect when such charges are incurred. You also will be responsible for paying any applicable taxes relating to purchases through the Site.
IRS Circular 230 Notice.
Nothing in our communications with you (including, but not limited to, any emails, web site content, attachments, enclosures or other accompanying materials) relating to any federal tax transaction or matter are considered to be “covered opinions” as described in Circular 230.
Every effort has been made to provide you with complete and accurate information. However, edincuskovic.com and Company’s related websites are and should not be construed as tax advice. They are merely a tool.
Any tax planning strategies identified or mentioned on this or other websites owned by Maximum Accounting and Tax Services LLC require additional information and research based on your specific facts. Your use of this website does not create an engagement, or an offer for an engagement.
Notice of Privacy Practices:
Financial companies are required by law to disclose how they collect, share and protect consumer personal information.
Types of Nonpublic Personal Information We Collect
We collect nonpublic personal information about you that is either provided to us by you or obtained by us with your authorization.
Disclosures to Nonaffiliated Parties
For current and former clients, we do not disclose any nonpublic personal information obtained in the course of our practice except as required or permitted by law or authorized by you. Permitted disclosures include, for instance, providing information to our employees and, in limited situations, to unrelated third parties who need to know that information to assist us in providing services to you. In all such situations, we stress the confidential nature of information being shared.
Protecting the Confidentiality and Security of Current and Former Client Information
We retain records relating to professional services that we provide so that we are better able to assist you with your professional needs and, in some cases, to comply with professional guidelines. In order to guard your nonpublic personal information, we maintain physical, electronic, and procedural safeguards that comply with our professional standards.
Disclosures to Affiliated Parties
In order to best serve you, we may disclose certain nonpublic personal information about our clients and former clients that we collect to our affiliates. Our affiliates will not disclose your nonpublic personal information to nonaffiliated third parties except as provided above.
The following companies are affiliates of Maximum Accounting and Tax Services LLC:
Maximum Advisory LLC
You do not need to call, or do anything as a result of this notice. This notice is meant to inform you of how we use and safeguard your nonpublic personal financial information. You may wish to file this notice with your tax papers. Please email firstname.lastname@example.org if you have any questions, because your privacy, our professional ethics, and the ability to provide you with quality financial services are very important to us.