At USTaxAid, we provide information only – not legal or specific financial or tax advice.
We work hard to find you the most comprehensive, up-to-date and accurate information possible on each topic we cover. But, we aren’t lawyers, nor do we pretend to be. And, because everyone’s legal, tax, and financial situation is different, you can’t rely on our advice as being specific to your own particular circumstances. In fact, the information on our web site isn’t intended to serve as legal, tax, or other financial advice related to individual situations. The material throughout our web site, through information products and through the coaching program is for your use and convenience only. To make sure you get the tax-savings solution that’s right for you, you need to consult with your own attorney, CPA, and/or other advisor regarding your specific situation.
We have taken reasonable precautions in the preparation of all material presented here and believe that it is accurate as of the date it was written. However, we will assume no responsibility for any errors or omissions, and we specifically disclaim any liability resulting from the use or application of the information contained on our web site or in our materials or programs.
For personal service, please consider becoming a consultation client or a client of our full service tax practice, US TaxAid Services For more information, please call Richard at 888-592-4769 or drop him an email at Richard@USTaxAid.com.
At USTaxAid Series, we recognize the importance of protecting your personal information and are committed to processing it responsibly and in compliance with applicable data protection laws in all countries in which we operate.
In the normal course of business activities, we collect, use, and sometimes share personal information of various individuals and organizations in order to run its day-to-day operations. This Privacy Notice describes USTaxAid’s general privacy practices that apply to such personal information collection and use.
This Notice does not apply to personal information relating to employees, applicants for employment, and temporary contractors providing services to USTaxAid including others in relationships with such persons that are relevant to their relationship with USTaxAid (such as for emergency contact and benefits purposes).
TYPES OF PERSONAL INFORMATION WE COLLECT
In describing our collection, use, and sharing of information in this Notice, we refer to our collection and use of “Personal Information.” “Personal Information,” as used in this Notice, is any information related to an identified or identifiable natural person. Examples of Personal Information include first and last name, mailing address, email address, billing information, IP address, other online contact information, or telephone number.
HOW WE COLLECT YOUR PERSONAL INFORMATION
We collect Personal Information in three ways:
- We collect information you provide to us in optional, voluntary submissions, such as in registration forms, user profiles, promotional signups, sweepstakes/contest entries, requests for customer service, software and mobile applications downloads.
- We may collect some Personal Information automatically. This is described below in “Passive Data Collection.”
- We may also obtain information, including Personal Information, from third party sources. If we directly combine information from third parties with Personal Information that we have collected, we will treat the combined information as Personal Information and handle it in accordance with this Notice. In addition, please note that we may solicit third parties to collect Personal Information on our behalf such as social media platform providers and in such cases we instruct those third parties to comply with this Notice and all applicable data protection laws.
Passive Data Collection
We use analytics tools and other third party technologies, such as Google Analytics, Facebook Analytics, and DoubleClick Cookies, to collect non-personal information in the form of various usage and user metrics when you use the USTaxAid website or use our services. These tools and technologies collect and analyze certain types of information, including cookies, IP addresses, device and software identifiers, referring and exit URLs, onsite behavior and usage information, feature use metrics and statistics, usage and purchase history, MAC Address, mobile unique device ID, and other similar information.
The third party analytics companies who collect information on our Sites and/or Services and other online products and/or services may combine the information collected with other information they have independently collected from other websites and/or other online or mobile products and services relating to your activities across their network of websites as well as online and/or mobile products and services. Many of these companies collect and use information under their own privacy policies.
In addition to our use of technologies as described herein, we may permit certain third party companies to help us tailor advertising that we think may be of interest to you based on your use of our Sites and/or Services and to otherwise collect and use data about your use of our Sites and/or Services. For more information about this practice, please see the “Third Party Advertising Technologies” section below.
You may opt out of the DoubleClick cookie by visiting the Google advertising opt-out page or you may opt out of Google Analytics by visiting the Google Analytics opt-out page.
Google has additional information available about their Remarketing Privacy Guidelines, and Restrictions.
You may view a list of other third party service providers who collect information, and/or opt-out of such collection of information about you, by visiting http://www.networkadvertising.org/choices/ or http://www.aboutads.info/choices/.
We may use a variety of methods, including “cookies” to collect information.
What is a cookie?
Cookies are text files containing small amounts of information which are downloaded to your device when you visit a website. Cookies are then sent back to the originating website on each subsequent visit, or to another website that recognizes that cookie. Cookies are useful because they allow a website to recognize a user’s device. You can find more information about cookies at: http://www.allaboutcookies.org.
Cookies do lots of different jobs, like letting you navigate between pages efficiently, remembering your preferences, and generally improve the user experience. They can also help to ensure that advertisements you see online are more relevant to you and your interests.
The cookies used on our Sites and/or Services have been categorized based on the categories found in the ICC UK Cookie guide. The cookies used on our Sites and/or Services by category are described below.
USTaxAid collects cookies on our Sites and/or Services to capture information about page visits (e.g. “performance cookies.”) This information is anonymous and USTaxAid uses this information only internally to deliver the most effective content to our visitors. Information from the cookie is used to gauge page popularity, analyze traffic patterns on our Sites and/or Services and guide development of other improvements to our Sites and/or Services.
Targeting, Performance, and Functionality Cookies
In our email programs, USTaxAid employs some tracking methods (e.g. “targeting, performance, and functionality cookies”). We track “opens” via a tracking pixel in the email- meaning we track who opens our e-mail messages and when you open our e-mail messages; and we track “clicks” via encoded URLs-meaning we track whether you click on the links contained in our e-mail messages. This information is used internally only to help us deliver relevant messaging, and is not shared with any third parties.
Functionality and Necessary Cookies
Opting Out of Cookies
By using the Sites and Services, you consent to the placement of the cookies referenced above. You can, however, set your browser to notify you when you receive a cookie, giving you the chance to decide whether or not to accept it. You may also change your cookie settings through preference options in our Sites and/or Services, where applicable. We will indicate that upon selecting your preferences, that we will use a cookie to remember your preferences.
Third Party Advertising Technologies
In addition to using cookies and related technologies as described above, we also may permit certain third party companies to help us tailor advertising that we think may be of interest to users and to collect and use other data about user activities on our Sites and/or Services (e.g., to allow them to tailor ads on third party services). These companies may deliver ads that might also place cookies and otherwise track user behavior. These companies may use information about user behavior in order to provide customized advertisements across various services and products. In the course of providing these services, products or placing advertisements, these third party companies may place or recognize a unique cookie on your computer, and may record information to these cookies based upon your activities on any of our Sites and/or Services and on third party websites. Each of these companies uses this cookie information according to their own privacy and security policies. If you wish to not have this information used for the purpose of serving you targeted ads, you may opt-out as indicated in this Notice. Please note this does not opt you out of being delivered advertising. You will continue to receive generic ads.
HOW WE USE YOUR PERSONAL INFORMATION
We only use your data as expressly set forth in this Notice. If a need arises to use your data for a secondary purpose, we will provide you prior notice of such use.
Communication and Responding to Requests
We use your information, including Personal Information to provide you with customer support, process transactions, respond to users’ requests, send newsletters and updates, send special offers and advertisements, seek your opinions and feedback, and connect users to USTaxAid Sites and/or Services, and to products and services of our partners and licensees.
We use your information, including Personal Information, behavioral metrics, and other non-personally identifiable information to operate, provide, improve, and maintain our Sites and Services, to develop new products and services, to prevent abuse and fraud, to personalize and display advertisements and other content for you, and for other administrative and internal business purposes.
We use your information, including Personal Information, behavioral metrics, geo-location data, demographic data and marketing preferences to personalize and display advertisements and other content for you.
We use your information, including Personal Information and any other information you submit directly or through passive means to provide you with various ways to connect and share content (e.g., web content , user generated videos, text, drawings, and screen and lecture captures, and quizzing features, media, tools, services and other products) with third parties. For example, we may provide you with the opportunity to email a link to certain content to another person. To use this feature, we may require you to provide certain Personal Information including your email address and the email address of each person to whom you send the link.
We also may allow you to share links to content with users of various third party services (e.g., social networking, search and sharing services). When sharing links using one of these third party services, if you are not already logged in to the third party service, you will need to supply login credentials for it. If you are not a registered user of the third party service, you will need to sign up for it. You are supplying the registration information or login credentials for the third party service directly to that third party, and not to us. By using any of these third party services to share links to content, you permit us to access, use and disclose any information relating to your account on each such third party service (such as your user name and profile information) that is available to us through the third party service, including through its application programming interface (API) pursuant to this Notice.
More specifically, our Sites and/or Services may use interfaces with social media sites such as Facebook, LinkedIn, Twitter and others. If you choose to “like” or share information from our Sites and/or Services through these services, you should review the privacy notice of that service. If you are a member of a social media site, the interfaces may allow the social media site to connect your site visit to your personally identifiable information resulting in the public display of the same.
Legal basis for processing personal information (EEA visitors only)
If you are a visitor from the European Economic Area, our legal basis for collecting and using the personal information described above will depend on the personal information concerned and the specific context in which we collect it.
However, we will normally collect personal information from you only where we have your consent to do so, where we need the personal information to perform a contract with you, or where the processing is in our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms. In some cases, we may also have a legal obligation to collect personal information from you or may otherwise need the personal information to protect your vital interests or those of another person.
If we ask you to provide personal information to comply with a legal requirement or to perform a contact with you, we will make this clear at the relevant time and advise you whether the provision of your personal information is mandatory or not (as well as of the possible consequences if you do not provide your personal information).
Similarly, if we collect and use your personal information in reliance on our legitimate interests (or those of any third party), we will make clear to you at the relevant time what those legitimate interests are.
If you have questions about or need further information concerning the legal basis on which we collect and use your personal information, please contact us using the contact details provided under “How to Contact Us” below.
REASONS WE SHARE YOUR PERSONAL INFORMATION
We do not share your personal information with third parties except as noted herein. We may share your personal information as necessary to maintain business operations, such as with vendors working on our behalf (for example, delivery of services and digital advertising); as required by law or to respond to legal process; to maintain the security of our products; to protect USTaxAid’s customers, employees, rights, or property; as part of a merger or acquisition; or with your express consent.
WHERE WE STORE AND PROCESS YOUR PERSONAL INFORMATION
Personal data collected by USTaxAid may be stored and processed in your region, in the United States, and in any other country where USTaxAid operates and/or has facilities. The storage location(s) are chosen in order to operate efficiently, to improve performance, and to create redundancies in order to protect the data in the event of an outage or other problem. We take steps to ensure that the data we collect under this Notice is processed according to the provisions of this Notice and the requirements of applicable law wherever the data is located. We may transfer personal data from the European Union or European Economic Area (“EU”) to other countries, some of which have not been determined by the European Commission to have an adequate level of data protection. USTaxAid has certified certain of our services, for which we act as a data processor, under the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework (the certification can be found here https://www.privacyshield.gov/list).
HOW WE SECURE YOUR PERSONAL INFORMATION
USTaxAid uses a variety of security technologies and procedures to help protect your personal data from unauthorized access, use or disclosure. While we implement safeguards designed to protect your information, no security system is impenetrable and due to the inherent nature of the internet, we cannot guarantee that data, during transmission through the internet or while stored on our systems or otherwise in our care, is absolutely safe from intrusion by others.
HOW LONG WE RETAIN YOUR PERSONAL INFORMATION
We retain personal information we collect from you where we have an ongoing legitimate business need to do so (for example, to provide you with a service you have requested or to comply with applicable legal, tax or accounting requirements).
When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
HOW TO ACCESS AND CONTROL YOUR PERSONAL INFORMATION
You may access and review the Personal Information USTaxAid stores about you and correct any factual errors. Most of your Personal Information may be accessed and corrected by simply logging into your account and accessing your profile.
If you are an EU resident, you have the following data protection rights:
- You may access, correct, update or request deletion of your personal information.
- You can object to processing of your personal information, ask us to restrict processing of your personal information or request portability of your personal information.
- You have the right to opt-out of marketing communications we send you at any time. You can exercise this right by clicking on the “unsubscribe” or “opt-out” link in the marketing e-mails we send you.
- Similarly, if we have collected and process your personal information with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent.
- You have the right to complain to a data protection authority about our collection and use of your personal information. For more information, please contact your local data protection authority.
You can exercise your rights by contacting us using the information provided in “How To Contact Us” below.
We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws.
NOTICE REGARDING AUTOMATED DECISION-MAKING AND PROFILING
In some instances, our use of your personal information may result in automated decisions being taken (including profiling).
Automated decisions mean that a decision concerning you is made automatically on the basis of a computer determination (using software algorithms), without our human review. For example, we use automated decisions to provide targeted advertising on our Services that may be of interest to you. You can opt-out of targeted advertising by contacting us using the information provided in the “How to Contact Us” below.
NOTICE REGARDING THIRD PARTY PRIVACY PRACTICES & SOCIAL MEDIA
This Privacy Notice applies solely to our Site and/or Services. Our site may include links to other, unaffiliated websites. If you access those sites and submit personal information, you are subject to the privacy notices applicable to those sites. We encourage you to carefully read the privacy notice of any website you visit.
HOW TO CONTACT US
If you have a privacy-related concern complaint, or question, please contact us at:
Or, you may reach us using the following information:
1930 Village Center Circle, Suite 3-5188
Las Vegas, NV 89134
Fax: 866-818-9866 (Fax)
If you are a resident of the EU, you also have the right to file a complaint with the applicable data protection or other supervisory authority (“DPA”). You can find a list of DPAs at: https://www.dataprotection.ie/docs/Home/4.htm
Credit Card Safety
Protecting the safety of your credit card information is also important to us. For card transactions we process, we use Transport Layer Security (TLS) technology to protect the security of your credit card information as it is transmitted to us. TLS is an Internet encryption technology, and a method of scrambling data as it travels from your computer to our Web site servers. We also encrypt your credit card number when we store your order and whenever we transfer that information to participating merchants.
To make sure you are accessing our secure server before you submit sensitive information, check the document for your browser for indication of a TLS connection (most browsers utilize an unbroken or closed padlock). Verify that TLS is active before submitting sensitive information to our server. To double-check, verify that the TLS or Address line of your browser for our site begins with “https.”
It is important for you to protect against unauthorized access to your password and to your computer. Be sure to sign off when finished using a shared computer.
CHANGES TO NOTICE
Please note that this Privacy Notice may change from time to time. If there are material changes to this Privacy Notice or in how we use your personal information, we will post a notice on our home page that this Privacy Notice has changed. You are also encouraged to periodically review this Privacy Notice to stay informed on how we are protecting your personal information.
US Tax Aid Series (USTA) is committed to permission-based email marketing practices, and as a result has established this no-tolerance Anti-Spam Policy.
1.What is Spam?
Spam is commercial email or unsolicited bulk email, including “junk mail”, which has not been requested by the recipient. It is intrusive and often irrelevant or offensive, and it wastes valuable resources. Spam messages are the opposite of permission-based email, which are normally anticipated, personal, relevant and/or associated with a pre-existing business or personal relationship.
Affiliates of USTA products and services have agreed to comply with this Anti-Spam Policy. Specifically, each affiliate agrees not to market USTA products or services via unsolicited email or bulk email. USTA reserves the right to determine in its sole discretion what constitutes actionable spam, as well as what measures are necessary in response to such spam activities.
Purchased Mailing Lists – Mass mailings to purchased email lists are not allowed. USTA only allows opt-in mailing lists. Purchased or inherited lists are by definition not opt-in. Similarly, you cannot use an email list relating to particular subject matter, and then use it for an unrelated topic.
4.Laws Restricting Spam
Spam laws vary from state to state, and from country to country. The USTA Anti-Spam Policy has been developed to conform to the highest commercially reasonable standards. As a result, and without limiting the general prohibitions against all spam activities, the following are expressly prohibited:
- (a)Use of false headers, or other false information, to identify the point of origin or the transmission path of the email, or to hide the true origin of the email sender,
- (b) Unauthorized use of a third party’s Internet domain name without the permission of such third party, to make it appear that the third party was the point of origin of the email,
- (c) Use of any false or misleading information in the subject line of the email, and
- (d) Assisting any person in any of these previously mentioned activities.
5.Questions to Ask Yourself
To help in establishing whether you are participating in activities constituting spam, ask yourself the following questions:
- (a) Are you sending email to non-specific addresses, such as info@ or sales@ ?
- (b) Have you deliberately falsified your transmission path information or originating address?
- (c) Are you sending email to mailing lists or distribution lists, which then send indirectly to various other email addresses?
- (d) Have you imported for use a purchased list of any type?
- (e) Are you continuing to mail to anyone who has asked to be deleted from your mailing list?
- (f) Does your email not provide a fully functioning link to unsubscribe?
- (g) Does you email subject line contain false or misleading information?
- (h) Have you used a third party’s email address or domain name without the party’s consent?
If you answer yes to any of these questions, you are likely involved in spam activities.
6.Measures to Enforce the Anti-Spam Policy
Any USTA affiliate found to be selling USTA products or services with spamming methods will, at USTA’s discretion, be immediately cut off as an affiliate.
USTA does not attempt to censor any content, nor to curtail the business of its affiliates. However, spam activities do not fall within uses authorized by USTA, and will not be tolerated.
1930 Village Center Circle, Suite 3-5188
Las Vegas, NV 89134
Shipping & Return Policies for Events & Products
Return/Refund for Live Events
RISK-FREE SATISFACTION GUARANTEE
If you are unable to attend for any reason, you may have someone substitute for your participation in the program. Call USTaxAid at least 10 days prior to the event to transfer your enrollment. A $50 fee will apply. Transferred and complimentary tickets are not eligible.
If you are unable to attend and do not wish to substitute, contact our Customer Service Department. We will convert your enrollment to a non-refundable credit that you may apply toward any future USTaxAid event or product for up to one full year from your original event date. Some restrictions apply.
Failure to Attend
Failure to attend a registered event without prior notice, as outlined above, will result in the forfeiture of payments collected toward the event registration.
Domestic orders are shipped by U.S. Priority Mail in the order in which they are received. We try to ship within 72 hours of ordering. All orders to destinations outside the United States are shipped by U.S.P.S. International First Class Mail.
Returns of Physical Products
We are happy to accept items for a full refund (less shipping costs and a 5% handling fee) within 45 days of delivery to you.
To return a physical item you have purchased from us, please contact us by email to customerservice@USTaxAid.com or by fax to 1-866-818-9866 with your written request.
Returns of Downloadable Products
We are happy to accept items for a full refund (less a 5% handling fee) within 45 days of delivery to you.
To return a downloadable product, you have purchased from us, please contact us by email to customerservice@USTaxAid.com or by fax to 1-866-818-9866 with your written request. We will ask you to sign a declaration that you have not made or retained any copies of the downloaded product being returned and that you have deleted the product and all of its components from your system prior to processing your return.
You, the buyer, may cancel event transactions at any time prior to midnight of the third business day after the date of the transaction. To cancel your transaction, please send a signed fax with order information to 1-866-818-9866.
Due to administrative costs, salaries, coordination activities, materials printed, materials acquisitions, hotel contracts and all other business expenses incurred for a public event, registration fees are non-refundable after this deadline. No exceptions to the refund policy will be made after midnight of the third business day after the date of this transaction.
Transfers to a different date/location may be made a minimum of two weeks (14 days) prior to the scheduled event date by contacting us and paying the appropriate transfer fee of 20% of the gross ticket price for events with purchase price of more than $200.
No transfer will be made within two weeks of the event date or for any event that has a per ticket price of less than $200.
Failure to Attend
Failure to attend a registered event without prior notice, as outlined above, will result in the forfeiture of payments collected toward the event registration.
Please ship all returns to:
1930 Village Center Circle, Suite 3-5188
Las Vegas, NV 89134
Our Fax Number is:
Our live coaching sessions are held the 1st and 3rd Wednesday of each month at 5 pm Pacific time. There will be written materials provided prior to the coaching classes. The coaching sessions are recorded and the recording is available within 2 business days, along with the written materials on your coaching page. You can access the coaching page using a username and the password you select to use.
There will be 3 month’s worth of coaching sessions, written material and recordings available on your coaching page at any one time.
Terminating Your Participation in Coaching
You may terminate coaching with us at any time. However, payments received prior to your written instruction to terminate are nonrefundable.
When you terminate coaching with us, we will immediately cease collecting monthly payments and turn off your access to the coaching page. We will also consider ourselves relieved of all obligations to provide further services under this Agreement.
In order to terminate your program, please send a request to terminate coaching via email to Support@USTaxAid.com.
Diane has a limited number of consultations that are available for purchase each month. There are 5 possible appointment spots each week that you can book after you have purchased the consultation and provided the requested information.
Once that information has been received, reviewed, and updated as required you will be given a link to Diane’s schedule. You can then book one of those appointment spots. These are typically on Tuesday and Saturday.
If there is a holiday or other reason why we cannot schedule appointments on a specific day during the week, alternative days will be available. There are always 5 available spots per week. However, some of these may be already taken when you schedule your appointment. We can not reserve an appointment time. If time is of the essence, please complete the Consultation Questionnaire and provide the requested information as soon as possible. That will help move the consultation along faster.
You can request a refund if you have not had your appointment. If it is within 2 months of your purchase, there is no fee. Refunds after that time and before 1 year are subject to a $100 fee. No refunds are available after the one year period.
If you miss the scheduled appointment without 24 hours notice, there is a $100 fee to reschedule. If you do not want to reschedule, we will refund you half of the consultation fee.
Please note that this consultation is for you and your spouse, if you use married, filing jointly status. The conversation will be centered around you and your personal circumstances to the extent of the provided information. It may or may not be applicable to others partners or take into account their best interests.
Additionally, you may find that your strategy needs refinement as your business grows and evolves. The information we discuss is generally subject to your projected income figures and based on my best understanding of the tax law as of the appointment date. If the income and expenses change or tax law changes, some of the strategies may become obsolete.
There are legal, IRS and state requirements for timely implementation. You are responsible for the proper implementation of application tax elections, filing and disclosures.
The consultation will consist of a 30-minute call, my preparation for the call and preparation of follow-up notes.
CPAs, like all providers of personal financial services, are now required by law to inform their clients of their policies regarding privacy of client information. CPAs have been and continue to be bound by professional standards of confidentiality that are even more stringent than those required by law. Therefore, we will and always have protected your right to privacy.
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.
Parties to Whom We Disclose Information 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.
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.
The most common breach of confidentiality occurs when a client gives otherwise confidential documents or information to third parties. This can mean you have effectively waived your rights to confidentiality. Please talk to your lawyer to determine potential risk before you discuss your private financial information or strategies with anyone else.
Protecting the Confidentiality and Security of Current and Former Clients’ 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.
As part of the Questionnaire you receive, you will receive the above related to the consulting agreement. When you sign and date it, you are agreeing to those terms.
Affiliate Program Terms of Service
By signing up to be an Affiliate in the USTaxAid/Cash Flow Accounting Affiliate Program (“Program”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”). The companies US Tax Aid Series, Cash Flow Accounting Series and Diane Kennedy PC will be known as “Company” in this agreement.
Company reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Program, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Program after any such changes shall constitute your consent to such changes.
Violation of any of the terms below will result in the termination of your Account and forfeiture of any outstanding affiliate commission payments earned during the violation. You agree to use the Affiliate Program at your own risk.
- You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
- You may not use the Affiliate Program for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
Customers who buy products through this Program will be deemed to be our customers. Accordingly, all of our rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for products sold under this Program in accordance with our own pricing policies. Product prices and availability may vary from time to time. Because price changes may affect Products that you have listed on your site, you should not display product prices on your site. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product.
Identifying yourself as a Company Affiliate
You may not issue any press release with respect to this Agreement or your participation in the Program; such action may result in your termination from the Program. In addition, you may not in any manner misrepresent or embellish the relationship between us and you, say you develop our products, say you are part of any of our companies, or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement (including by expressing or implying that we support, sponsor, endorse, or contribute money to any charity or other cause).
You may not purchase products through your affiliate links for your own use. Such purchases may result (in our sole discretion) in the withholding of referral fees and/or the termination of this Agreement.
You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for:
- The technical operation of any sites you develop and all related equipment
- Ensuring the display of Special Links on your site does not violate any agreement between you and any third party (including without limitation any restrictions or requirements placed on you by a third party that hosts your site)
- The accuracy, truth, and appropriateness of materials posted on your site (including, among other things, all Product-related materials and any information you include within or associate with Special Links)
- Ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights)
- Ensuring that materials posted on your site are not libelous or otherwise illegal
Website Content and Domain Names
Affiliates may not register or purchase domain names including the term “Diane Kennedy”, “DianeKennedyCPA”, “USTaxAid”, “CashFlowAccounting”, or any misspellings or variations. Affiliates promoting any of our products in this manner will immediately be removed from the Company Affiliate Program and all associated transactions will be reversed. Above listed names may not be used as a subdomain (Example: DianeKennedy.example.com), however, it may be used as a directory of your domain (Example: www.example.com/USTaxAid).
Affiliates may not promote Companies on websites that contain any form of misleading, defamatory, obscene, adult, bigoted, illegal, competitive accounting, financial, asset protection or tax products or services, spiderweb marketing or any other content deemed offensive by Program.
Coupons and Promotional Codes
Affiliates may only use active coupons and promotional codes that are provided exclusively through the Company affiliate program.
Affiliates are not permitted to promote coupon or promotional codes from Company’s non-affiliate program marketing efforts, such as email promotions, without prior written permission
Affiliates are not permitted to alter coupon or promotional terms to mislead customers. If the coupon or promotional code has an expiry date, the date must be clearly stated.
Compliance with Laws
As a condition to your participation in the Program, you agree that while you are a Program participant you will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over you, whether those laws, etc. are now in effect or later come into effect during the time you are a Program participant. Without limiting the foregoing obligation, you agree that as a condition of your participation in the Program you will comply with all applicable laws (federal, state or otherwise) that govern marketing email, including without limitation, the CAN-SPAM Act of 2003 and all other anti-spam laws.
Term of the Agreement and Program
The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to any Product Site, and all of our trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program. Company reserves the right to end the Program at any time. Upon program termination, Company will pay any outstanding earnings.
Company, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Program, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all potential or to-be-paid commissions in your Account if they were earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods. Company reserves the right to refuse service to anyone for any reason at any time.
Relationship of Parties
You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.
Limitations of Liability
We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under this Agreement.
We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, noninfringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of the Product Sites will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
The Terms of Service constitutes the entire agreement between you and Company and govern your use of the Service, superseding any prior agreements between you and USTaxAid/Cash Flow Accounting (including, but not limited to, any prior versions of the Terms of Service).