Terms Of Use

These Terms of Use (this “TOU”) cover your use of EnrolledAgent.com, either personally or on behalf of another person or entity. By using EnrolledAgent.com and any other Service, or expressly clicking on an “I Agree” icon, you accept the terms and conditions below. You agree that such acceptance will have the same force of law as if you manually signed a paper version of this TOU. Therefore, please carefully read the terms below as you are esponsible for any violations of them. We will enforce compliance with this TOU through any appropriate means.

We may amend this TOU at any time without giving you prior notice. Any amendments will be posted on our website.It is your responsibility to review this TOU regularly and ensure compliance at all times.

1. Definitions

“Agreement” means this TOU as may be amended periodically, and all materials referred or linked to in this TOU. “Client” means the individual or entity that uses the Service of an Enrolled Agent “Content” means all information, data, text, software, music, sound, photographs, graphics, video, reviews, messages, or other materials whether publicly posted on or privately transmitted through EnrolledAgent.com “Enrolled Agent” means a tax professional who is licensed by the IRS to represent a Client before the IRS and who is listed on EnrolledAgent.com “EnrolledAgent.com”, “EA.com”, “we”, “us” or “our” means EnrolledAgent.Com, LLC and our affiliates. “IRS” means the Internal Revenue Service, “Personal Data” means credit or debit card numbers; bank and other financial account details; social security numbers, individual taxpayer identification numbers, employer identification numbers, or other Federal tax identification numbers; personal identity information, including passport numbers, driver’s license numbers, alien registration numbers or similar identifiers; employment, financial or health information; and any other information regulated by law, industry standards, or other data privacy regulations, such as the Health Insurance Portability and the Payment Card Industry Data Security Standards, “Services” means this website and products, services, or applications that we offer on this website including the “Ask an ENROLLED AGENT” program; or other products, services, templates, resources, or applications that are listed on our website but offered by Enrolled Agents or Third-Party Sites “Third-Party Sites” means third-party websites other than websites of Enrolled Agents, linked from within, accessed through, or advertised on EnrolledAgent.com, “You” or “your” means the person or entity using EnrolledAgent.com, whether you are a Client, Enrolled Agent, third party, or user, “Your Content” means all Content publicly posted on, or privately transmitted through EnrolledAgent.com, by you.

2. Access to EnrolledAgent.com

General

We will provide you access to EnrolledAgent.com for free according to this Agreement. However, you may access certain parts of our website only if you are an Enrolled Agent or a Client. Subject to your compliance with the terms and conditions in this Agreement, you may use our Services only for your non-commercial, informational purposes and for other purposes (and subject to applicable limitations) provided in this Agreement. By accessing the Services, you represent and warrant that you are of legal age and competence to enter into a binding agreement with EnrolledAgent.com and any Enrolled Agent (if applicable), and that you are not otherwise prohibited from using or receiving the Services in accordance with this Agreement. If you are using the Services on behalf of a third party, you are representing to us that you are an authorized representative of that third party and that your use constitutes their acceptance of this Agreement. By creating an account or using the Services, you are deemed to have opted-in to tracking, collection, use, and sharing permitted under our Privacy Policy. We may restrict or completely prevent your access to our website or other Services at any time, without notice, in our discretion. We may also remove or discontinue all or a portion of our website including Enrolled Agents and other third parties at any time, without notice, in our discretion. We do not have control over Third-Party Sites and any Services offered by or through Third-Party Sites. We provide you access to Third-Party Sites only as a convenience. We do not endorse, support, guarantee, or warrant any Third-Party Site. We will not be responsible for enforcing licensing requirements, checking for licenses, and monitoring trademarks and other intellectual party rights. We will not also be a party to any transaction between you and an Enrolled Agent or other third party.

For Enrolled Agents

If you are an Enrolled Agent, our Services may allow you to, among other things, list your Services and advertise to potential Clients. While we do not charge Enrolled Agents listed on our website a referral fee, we may give Enrolled Agents with premium accounts, sponsored listings, or other advertisements priority in display over unpaid listings. We can choose which Enrolled Agents or Services to promote and how we want to promote them, if at all. You may be required to complete your profile on our website using a username and a password. You agree not to use a username that:

(a) belongs to or impersonates another person.

(b) is misleading.

(c) violates any intellectual property or other proprietary rights.

(d) is offensive or vulgar.

(e) that uses ‘Enrolled Agent’ or any part of it, unless we provide express permission to do so, or

(f) that we reject, which we may choose to do in our discretion. You must also provide only accurate information on your profile. We may update your information with any other information available to us. All such Personal Data, as well as the information you provided to register, is subject to our Privacy Policy, incorporated into this Agreement.

You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to

(a) immediately notify EnrolledAgent.com of any unauthorized use of your password or account or any other breach of security, and

(b) ensure that you exit from your account at the end of each session. You may not disclose or share your password to any third parties or use your password for any unauthorized purpose. If you believe your access to or use of our website has been compromised, or that an unauthorized person has access to your profile, please send us a notice in writing. EnrolledAgent.com is not liable for any loss or damage arising from your failure to comply with this paragraph.

For Clients

3. Content

General

We do not have, and will not seek to establish, control over any Content, its accuracy, integrity, or quality. By using the Service, you may be exposed to Content that is offensive, indecent, objectionable, or misleading. You release us from any and all liability arising from Content that is offensive, indecent, objectionable, harmful, misleading, or inaccurate.

We assume no responsibility for viruses, errors, or omissions in any Content. We also assume no responsibility for the timeliness, deletion, non-delivery, mis-delivery, or failure to store your or any third-party’s Content or personalization settings. We will not be liable for any loss or damage of any kind incurred as a result of the use of any Content.

Your content

Some of the Services allow you to submit or generate content, learn about Enrolled Agents, their Services, and submit reviews. You agree to comply with this Agreement in submitting or generating Your Content. Specifically, you agree not to use EnrolledAgent.com with Content that:

a. is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, or obscene.

b. stalks another, is invasive of another' privacy, or otherwise violates another person’s legal rights.

c. is hateful, or racially, ethnically or otherwise objectionable.

d. is confidential, proprietary or discloses Personal Data.

e. infringes any intellectual property, patent, trademark, trade secret, copyright or other proprietary rights of any party.

f. you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).

g. harms minors in any way.

h. impersonates any person or entity, including, an EnrolledAgent.com official, forum leader, guide, or host.

i. falsely states or otherwise misrepresents your affiliation with a person or entity.

j. contains viruses, corrupted files, or any other similar software or programs that may damage the operation of another person' computer or telecommunications equipment.

k. damages, disables, overburdens, or impairs our website.

l. interferes with, restricts, or inhibits use of the Services and our website by another person.

m. harvests or otherwise collects Personal Data about others, including e-mail addresses, without their consent.

n. contains unsolicited or unauthorized advertising, promotional materials,"junk mail","spam","chain letters","pyramid schemes" or any other form of solicitation, except in those areas of our website that are designated for such purpose; and/or

o. violates any applicable law or regulation.

You grant us all rights, licenses, and permissions necessary to display, reproduce, disseminate, and otherwise use Your Content. We may edit or remove Your Content at any time in our sole discretion.

Proprietary Rights

We do not grant you license to any software by this Agreement. Our products and trademarks are protected by intellectual property laws, they belong to us, and we retain all ownership rights to them. You may not use any of our trademarks without our prior written permission.

We request that you respect our intellectual property rights and those of others. We may, in our sole discretion, suspend the access or terminate your account or access if we deem that you have violated our or another’s intellectual property rights. If you believe that your work has been reproduced on our website in a way that infringes your copyright, please send us a notice, with the following information:

a. identification of the copyrighted work claimed to have been infringed;

b. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that should be removed or have restricted access to it, and reasonably sufficient information to enable us to locate the material;

c. information reasonably sufficient to enable us to contact you, such as your name, address, telephone number, and e-mail address;

d. a statement of good faith belief that the material is infringing;

e. a statement that the information in this notice is accurate, and under penalty of perjury, you are the copyright owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed and

f. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.

If we find that you repeatedly infringe the copyright of others, we may terminate access to any of the Services.

If you believe the content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner' agent, or pursuant to the law, to post and use such content, you may submit a counter-notice to us with the following information:

a. Your physical or electronic signature.

b. Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;

c. A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content;

d. Your name, physical address, telephone number, and e-mail address;

e. a statement that you consent to the jurisdiction of the federal court in Dallas, Texas, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes your personal information. By submitting a counter-notification, you consent to having your information revealed in this way. We will not forward the counter-notification to any party other than the original claimant.

After we send out the counter-notification, the claimant must then notify us within 10 days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the content that was removed or disabled. If we receive such notification, we will be unable to restore the material. If we do not receive such notification, we may reinstate the material.

4. Termination

You may stop using our Services at any time unless you agree to use any particular Service on a subscription basis. We may terminate your access to the Services if we reasonably believe that you have: (a) violated any of the terms of this Agreement; and (b) used our website in a way that may adversely affect us, our prospects, our partners, or our users. We may also terminate or suspend your access immediately if we determine it to be necessary or desirable in our sole discretion. We are not obligated to release any of Your Content to you after termination.

5. Disclaimers: Limitation of Liability

Disclaimer of Warranties

Exclusion of Damages

Limitation of Liability

State Law Rights

6. Indemnification

You agree to indemnify, defend and hold us, our employees, representatives, licensors, attorneys, affiliates, directors, and partners harmless, at your expense, against any third-party claim, suit, action, or proceeding (each, a"Claim") brought against us to the extent that such Claim is based upon or arises out of: (a) your use of our website or any of our software, (b) your noncompliance with or breach of this Agreement, or (c) your use, offer or provision of Services or Third-Party Sites. We will notify you in writing within thirty (30) days of our becoming aware of any such Claim. If you are obligated to indemnify us pursuant to this provision, we may in our sole discretion, control the disposition of any Claim at your sole cost and expense. If we decide to give you sole control of the defense or settlement of such a claim, we will provide you (at your expense) with any and all information and assistance reasonably requested by you to handle the defense or settlement of the claim. However, you shall not accept any settlement that (a) imposes an obligation on us, (b) requires us to make an admission, or (c) imposes liability not covered by these indemnifications or places restrictions on us without our prior written consent.

Miscellany

Governing Law and Dispute Resolution

Our Relationship

Compliance with Applicable Laws

Severability, Non-Waiver, Entire Agreement, Force Majeure

Our Limitation of Actions

Our Notices