Terms of Service

This Terms of Service Agreement (“Agreement”)   is a contract between you and Tax Defense Partners, LLC (“TDP”) and/or its subsidiaries and affiliates, whereby you agree to retain the services of TDP for preparation of your 2015 Federal and State Individual Income Tax Return (“2015 Return”).  This Agreement should be read thoroughly and carefully, as the purpose is to outline your rights and responsibilities and the involvement and commitment to you from TDP.

You agree that it is your responsibility to provide TDP on a timely basis with all of the information required to complete your tax return, when and as requested by TDP, starting with promptly completing and returning to TDP the “Virtual Tax Organizer” (“VTO”) that TDP will forward to you.  You attest that you will provide true, correct and complete information to the best of your knowledge regarding your income, which may be provided by the following methods: information on any tax forms; information listed on a VTO or any supplementary questionnaire or directed email, verbal communications, or any documents or statements transmitted through any form of electronic communication.

You understand that it is your sole responsibility to provide any and all expenses in a clear manner, and that you have receipts or other documentation to substantiate any expense claims in the event that the Internal Revenue Service (“IRS”) should request it.  You agree that TDP will not be auditing these receipts, nor will TDP be doing any form of bookkeeping, unless otherwise agreed to separately by both parties in writing. You will retain for 4 years, all documents, receipts, cancelled checks and other records required to substantiate the items of income and expenses.  You are ultimately responsible for the accuracy of the 2015 Return and should review carefully before signing. TDP will not be responsible for any penalties imposed as a result of an understated tax liability.

You agree to provide any requested records needed in order to complete the 2015 Return. TDP will return to you original records upon completion of your tax filing; yet, it is recommended that you provide photocopies to prevent your data from being lost. TDP is not responsible for any lost, damaged, or stolen records.

You understand that you must furnish to TDP all information necessary to prepare your tax filing no less than 30 days prior to the expected delivery date of the 2015 Return.  Although we will endeavor to extend the due date of your 2015 Return, if it is not complete by the filing deadline, you will be responsible for any penalties as a result of delay on your part.

As a client you commit to contacting us immediately if you discover additional information that would result to a change in your 2015 Return.  Also, you agree to contact us immediately if you receive any correspondence from the IRS related to the 2015 Return.  You understand that should TDP be required to assist, handle or respond to any IRS communications, you, the client, may be subject to additional fee(s).

FEES

The tax preparation fee that we will charge and you will pay covers the following services:

Tax preparation appointment and preparation of your 2015 Federal and State Individual Income Tax Return;
Electronic filing of the federal return; and
A PDF and paper copy of the 2015 Return for your records;
As a client of TDP, you are agreeing to additional fees for additional services, which include but are not limited to the following:

If you request an additional copy of your tax return – whether hard copy or electronic, we will charge you at a rate of $25 per year per copy.
If your tax situation changes after you have provided to us information that you have previously indicated to us was complete, and you need a consultation or review of your upcoming tax return, TDP reserves the right to charge a minimum fee of $75.
If you require bookkeeping assistance, TDP reserves the right to decide whether or not to assist in organizing your records to prepare your 2015 Return.  Should TDP agree to organize your records for the 2015 Return, you agree to be charged at a rate of $50 per hour.
If you request that a copy of your 2015 Return be released to a 3rd party, we must have your express written consent. TDP will then supply the copy at a rate of $25 per year per copy.
ARBITRATION CLAUSE AND CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS.  ARBITRATION NOTICE AND CLASS ACTION WAIVER – YOU AGREE THAT ANY DISPUTES BETWEEN YOU AND TDP WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAW SUIT OR CLASS-WIDE ARBITRATION.

YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND TDP (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH TDP, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THIS MEMBERSHIP AGREEMENT, YOUR USE OF TDP SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE JUDICIAL ARBITRATION AND MEDIATION SERVICES (“JAMS”) STREAMLINED ARBITRATION RULES AND PROCEDURES, AND YOU AND TDP HEREBY EXPRESSLY WAIVE TRIAL BY JURY.  DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND TDP WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.  You may bring claims only on your own behalf.  Neither you nor TDP will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate.  YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINS US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS.  You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if TDP is a party to the proceeding. This Agreement and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of California, exclusive of conflict or choice of law rules. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16).

Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Los Angeles, California before one arbitrator. If the parties cannot agree to an arbitrator within thirty (30) days of the date the demand for arbitration is filed, JAMS shall be empowered to make the selection.  The costs of the arbitration, including the arbitrator’s fees and expenses, shall be borne equally by the parties to the arbitration, unless the arbitrator orders otherwise.  Each party will pay its own expenses and attorney’s fees.  The arbitration shall be binding with no right of appeal. The arbitration shall be administered by JAMS pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The purpose of this clause is to streamline and simplify the process.

The arbitration shall be commenced by filing a demand for arbitration with the administrator of JAMS and serving the demand on the opposing party.  The responding party may file a response and/or a counter-claim within fifteen (15) days.  If no response is filed, all the allegations of the demand shall be deemed denied.

IN NO EVENT SHALL TDP, NOR TDP’S DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR MARKETING PARTNERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $500.00.

Terms & Conditions / Privacy Policy

Tax Defense Partners, LLC (“TDP”), is committed to keeping accurate, confidential, secure and private any and all of your personal information that you may submit to us, and/or we may collect during your use of our website, or those of any of our affiliates, and/or your use of our online facilities and services, or those of any of our affiliates (such websites and online facilities and services being hereinafter collectively referred to as “TDP Online Functions”). This “Privacy Policy Agreement” codifies the terms of our Privacy Policy, as it exists and as it may be amended from time to time, and you accept this Privacy Policy Agreement, and any subsequent amendments as an express condition to your use and continued use of any TDP Online Functions. This Privacy Policy Agreement shall apply to TDP, TDP’s affiliates and you, and any of your affiliates whose personal information you may provide to TDP in connection with your use of TDP’s Online Functions. If at any time you do not agree, do not access any TDP Online Functions, contact us and we will purge your personal information from any and all TDP Online Functions that you notify us in writing that you accessed. As an express condition to your use of any of TDP’s Online Functions you are consenting to the following data procedures:

Collection of Information  The TDP Online Functions collect various types of information, such as:  Voluntarily provided information which may include your name, address, email address, billing and/or credit card information etc., that you may request us to use when you purchase products and/or services, and to deliver the products and fulfill the services you have requested, through TDP Online Functions.

Information automatically collected when you access TDP Online Functions, which may include cookies, third party tracking technologies and server logs.

Please rest assured that TDP Online Functions shall only collect personal information that you knowingly and willingly provide by way of original or response emails, surveys, membership forms, client intake forms and forms designed to organize, analyze and present financial data necessary to represent you before federal and state income tax authorities. It is the intent of TDP Online Functions to use personal information only for the purpose for which it was requested and any additional uses specifically provided in the TDP Online Functions.

TDP may collect anonymous demographic information, such as age, gender, household income, political affiliation, race and religion. We may also gather information about the type of browser you are using, IP address or type of operating system to assist us in providing and maintaining superior quality service.

You should review the privacy policies and statements of any website or online services you choose to access or frequent as a means to better understand the way in which other websites garner, make use of and share information they collect.

Payment  This Agreement also incorporates by reference ordering and payment terms provided to you on the website of TDP or any of its affiliates for Services offered to you by TDP.  For Services offered on a payment or subscription basis, the following terms apply, unless TDP notifies you otherwise in writing.:

Payments will be billed to you in U.S. dollars, and your account will be debited when you purchase or subscribe and provide your payment information, unless stated otherwise in the program ordering or payment terms for a given TDP Services offering.

You must pay with one of the following:

  1. On TDP’s or any of TDP’s affiliate’s e-commerce sites, with a valid credit card acceptable to TDP or TDP affiliate, as the case may be; otherwise as may be arranged with you by TDP:
  2. A valid debit card acceptable to TDP
  3. Sufficient funds in a checking or savings account to cover an electronic debit of the payment due; or
  4. By another payment option TDP provides you in writing.

If your payment and registration information is not accurate, current, and complete and you do not notify TDP promptly when such information changes, we may suspend or terminate your account and refuse any use of the Services.

If you do not notify TDP of updates to your payment method (e.g., credit card expiration date), to avoid interruption of your service, TDP may participate in programs supported by your card provider (e.g., updater services, recurring billing programs, etc.) to try to update your payment information, and you authorize us to continue billing your account with the updated information that TDP obtains.

Additional cancellation or renewal terms may be provided to you on the website for the Services.

Confidential Information  You agree that you will not disclose our Confidential Information to any person or entity, other than as necessary to use the services and information provided on TDP. You will not use or permit the use of any Confidential Information except as necessary in connection with the services and information. Confidential Information means all information or material, which is obtained from password-protected portions of TDP, and is or should be known or understood to be confidential or proprietary by an individual exercising reasonable judgment.

 

We may tell you about other TDP services. You may be offered other services, products, or promotions by TDP. Additional terms and conditions and fees may apply.

 

Use of Information TDP Collects TDP may collect and use personal information to assist in the operation of our TDP Online Functions and to ensure delivery of the services you need request. At times, we may find it necessary to use personally identifiable information as a means to keep you informed of other possible products and/or services that may be available to you from TDP. TDP may also contact you to ask you to complete surveys and/or research questionnaires so we can get your opinion of current or potential services TDP may be offer in the future.

TDP does not now, nor will we in the future, sell, rent or lease any of our customer lists and/or names to any unaffiliated third parties.

TDP may deem it necessary to follow websites and/or pages that our users of TDP Online Functions may visit to assess what types of services and/or products may be the most relevant or popular among TDP customers or the general public.

TDP may disclose your personal information, without prior notice to you, only if required to do so in accordance with applicable laws and/or in a good faith belief that such action is necessary or required to:

Conform with any decrees, laws and/or statutes or comply with any judicial or governmental regulatory process served upon TDP and/or our TDP Online Functions;

Maintain, safeguard and/or preserve all the rights and/or property of TDP; and

Respond to exigent circumstances to safeguard the personal safety of users of TDP Online Functions and/or the general public.

Children Under Age of 13 TDP does not knowingly collect personal identifiable information from children under the age of thirteen (13) without verifiable parental consent. If it is determined that such information has been inadvertently collected, we shall immediately take the necessary steps to ensure that such information is deleted from our TDP Online Function’s database(s). Anyone under the age of thirteen (13) must seek and obtain parent or guardian permission to use TDP Online Functions as an express condition to such use.

Unsubscribe or Opt-Out All users and/or visitors to TDP Online Functions have the option to discontinue receiving communication from us by way of email or newsletters. To discontinue or unsubscribe from any TDP Online Functions please send an email expressing that you wish to unsubscribe to unsubscribe@taxdefensepartners.com. If you wish to unsubscribe or opt-out from any third party websites, you must go to that specific website to unsubscribe and/or opt­ out.

Links to Other Web Sites Our TDP Online Functions do contain links to affiliate and other websites, services and functions. TDP does not claim nor accept responsibility for any privacy policies, practices and/or procedures of other such websites. Therefore, we encourage all users and visitors to be aware when they leave our TDP Online Functions and to read the privacy statements of each and every website that collects personally identifiable information. The aforementioned Privacy Policy Agreement applies only and solely to the information collected by TDP Online Functions.

Security  TDP shall prudently assess, maintain and deploy physical, procedural and technical security with respect to our offices and information storage facilities to prevent the loss, misuse, unauthorized access, disclosure or modification of your personal information under our control.

DoubleClick  We use Google Analytics remarketing codes to log when users view specific pages or take specific actions on a website. This allows us to provide targeted advertising in the future. If you do not wish to receive this type of advertising from us in the future you can opt out using the DoubleClick opt-out page or the Network Advertising Initiative opt-out page.

Changes to Privacy Policy Agreement  TDP reserves the right to update and/or change the terms of our Privacy Policy, and we will post any amendments to the Privacy Policy Agreement contemporaneously published in connection with, and accessible from, any TDP Online Functions so that our users and/or visitors are always aware of the type of information we collect, how it will be used, and under what circumstances, if any, we may disclose such information. If TDP decides to use any personally identifiable infom1ation on file in a manner materially different from that which was stated in the Privacy Policy Agreement extant upon submission and collection, the user or users shall be promptly notified by email for the purpose of granting, or declining to grant, permission for such use.

Acceptance of Terms  By accessing and using TDP Online Functions you are hereby accepting the terms and conditions stipulated in this Privacy Policy Agreement. If you are not in agreement, then refrain from use, or further use, of TDP Online Functions as the case may be. Your continued use of TDP Online Functions signifies your express consent to the contemporaneous Privacy Policy Agreement, as is, or may be, amended.

How to Contact Us  If you have any questions or concerns regarding the Privacy Policy Agreement, please contact us at the following mailing address or email:

Mailing Address:
Tax Defense Partners
6345 Balboa Blvd. Bldg. IV, Suite 285
Encino, California 91316

Email: DefenseGuru@taxdefensepartners.com

1/24/16