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Updated January 15, 2022
Pardon the “legalese,” but we want to spell out the term of purchasing our protection plan so everything’s clear.
Copyright © 2008-2022 Taxley, LLC All Rights Reserved.
You are purchasing access for one (1) person (or married couple with a joint tax account) and, if applicable, your registered business entity(ies) to the Taxley Protection Plan (referred to below as the “Protection Plan Product,” the “Protection Plan Program,” “Protection Plan” or the “Program”) from Taxley, LLC. (the “Company,” “we,” or “us”). You must be at least 18 years of age or older to purchase access to the Protection Plan Product.
This Protection Plan Agreement does not equate to a consultant-client relationship.
THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.
PAYMENT POLICYYou are responsible to pay for the Protection Plan Product in full (including all applicable sales and other taxes or fees) and for providing us with a valid credit card or other payment method.
Upon registration your card will be charged the one-time onboarding fee payment plus the first protection plan monthly payment based on the Protection Plan Product level for which you registered – Personal, Pro or Enterprise. Subsequent monthly payments for the Protection Plan will be charged on or around the same day of the month, indefinitely, or until you cancel your Protection Plan. If you miss a Protection Plan payment, your account status will be changed to “delinquent.” You will immediately lose access to Protection Plan benefits, including the Fresh Start University, seven (7) days after your payment declines, unless the payment is satisfied within this 7-day period.
If your account remains in delinquent status for longer than thirty (30) days, the Company reserves the right to require the one-time onboarding fee and monthly Protection Plan fee, as if you are a new Program participant, for continued access to the Program and updates.The Protection Plan can be cancelled at any time.
REFUND POLICYYou may cancel your protection plan within 7-days of registration, subject to the following conditions:
ONBOARDINGUpon registration you agree to complete the onboarding form within 48-hours of your registration, as this provides us with the information needed to complete your registration process and prepare your authorization forms. Not completing the onboarding form in a timely manner may delay services and access to the Fresh Start University, however, delaying this process will not extend the refund period, as described above.
TAX ACCOUNT INVESTIGATIONWe must conduct your Tax Account Investigation before you can gain access to the Fresh Start University.
Your Protection Plan includes us conducting one (1) comprehensive tax account investigation on your behalf, an additional tax account investigation will require an additional fee. You agree to sign the IRS Form 2848 Power of Attorney, one state Power of Attorney and the IRS Form 8821 Tax Authorization Form (collectively, “Authorizations”), as prepared and provided by us. This investigation service is the foundation on which you will begin resolving your tax problems and is a requirement to gain access to the Fresh Start University training.
The investigation will include your individual (or joint filing) federal and state tax accounts, and one (1) business entity tax account – if you have a Pro or Enterprise Protection Plan. If you request an investigation for two or more states, additional fees will be required. If your spouse has a separate tax account, due to filing separately, or non-joint filing debt or other issues, your spouse will be required to register for their separate Protection Plan access, which will give them access to this tax account investigation service.
If we conduct the tax account investigation with the understanding that you and your spouse have a joint tax account and find that you all in fact have separate tax accounts, we will only conduct the investigation for the person labeled as “Taxpayer” on the onboarding form. We will inform you of the separate tax account and the steps needed, for person labeled as “Spouse,” to register for their separate Protection Plan program for access and assistance.
You are required to return the signed Authorizations, along with a copy of your state ID, within 48-hours after we send it to you via our Support Ticket platform. All Authorizations received thirty (30) or more days after we submit it to you for signature may cause a delay in processing your tax account investigation, thus delaying your access to the Fresh Start University.
Please Note: The tax account investigation service does not constitute a client-consultant relationship and all Authorizations, except for the Form 8821, are removed from your IRS and state tax accounts upon our completion of the investigation. This service is simply an investigation, and we are not responsible for stopping liens, levies or other tax collection or examination action when conducting this investigation. This service is only to provide you with clarity and a solid foundation for starting the process of resolving your tax issue.
IRS MONITORING AND NOTICE SUPPORT“Notice” is any written communication from the IRS or State income tax authorities.
We will maintain Form 8821, IRS Tax Information Authorization, on file with the IRS so the Company can receive IRS correspondence and monitor your tax account. This service is offered as a convenience, and we cannot guarantee that we will get the correspondence in a timely manner.
Our notice support service allows you to submit support tickets for help understanding any IRS or state tax correspondence received, so that we may analyze it, explain it to you and recommend next steps.
Member agrees that Taxley and its staff will not be held liable for any problems that arise because of missed or unreceived correspondence under this authorization.
Member agrees that they will be solely responsible for receiving and sharing with us, via our support ticket system, any correspondence received from the IRS and state tax authorities, if they want Taxley to provide related support.
Taxley will withdraw this Form 8821 upon the end of the cancellation of membership or 30-days after a membership is inactive due to payment failure, unless the member requests it be withdrawn sooner.
IRS ID THEFT ASSISTANCE“Tax Identity Theft” is any IRS written communication indicating that the IRS cannot process your income tax return because one has already been filed in your name, unbeknownst to you.
Members facing IRS ID Theft problems can submit a support ticket to request assistance. Our member services team will file the relevant IRS paperwork to report the ID theft and obtain a PIN, so you can file your returns, get refunds and avoid additional years of ID theft dilemmas.
SUPPORT AND COMMUNICATIONAll support requests and communications MUST be made through the specified channels, which are strictly: the support ticket, online calendar, or other specified web-based channels, as we do not provide inbound phone support for Protection Plan members.
When necessary, a call may be initiated by a member of our support team to address more serious matters with your tax account.
ESTIMATED TAX ANALYSIS“Estimated Tax” is the amount of money paid to the IRS or state tax authorities through payroll withholding or direct manual payments (for entrepreneurs) for the current year estimated tax amount. Making these payments accurately can help you to prevent tax debt, avoid large refund when increasing your monthly income, and main any current tax resolution you’ve established.
Using your wage income, current Profit and Loss statement and other summarized income and expense documents, our member services team will provide you with up to 2 estimated tax analysis computations each membership year. This will be accompanied by advice on how to update your payroll withholding and make timely tax payments.
USE OR LOSEWe can’t stress enough that timeliness is extremely important when working with Taxley. Unused Protection Plan benefits do not roll over with your membership renewals, extend beyond deadlines or Protection Plan cancellation. Services included in your membership that are not used during your membership term, or within the timeframe offered, will be forfeited.
LIMITATIONS AND EXCLUSIONSYour Protection Plan does not include support related to:
INTELLECTUAL PROPERTYYou agree that the Protection Plan Product contains proprietary Content that is owned by the Company and/or its licensors and is protected by copyright, trademark and other applicable intellectual property laws. Duplicating, sharing or uploading any Product Content, including to any sharing or social media sites is considered stealing, and the Company will prosecute such misconduct to the fullest extent permitted by law.
The Company provides you with the Protection Plan Product solely for your personal, noncommercial use, and you agree that you will not use such proprietary Content in any way whatsoever except for use in compliance with this Agreement. You will not use the Protection Plan Product or the Content available in the Product in a manner that constitutes an infringement of the Company’s rights or that has not been authorized in writing by the Company. More specifically, unless explicitly authorized in this Agreement, you may not modify, copy, reproduce, republish, upload, post, transmit, rent, lease, loan, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Protection Plan Product. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, noncommercial use, provided that you keep intact all copyright, trademark, and other proprietary notices.To be clear: Please be aware that you may not create derivative works, resource guides, marketing or business materials, source material, intellectual property, websites, blogs, web content, or any other works that reference the Company, Anisha Bailey, the Protection Plan Academy, or the Protection Plan Content, or infringe on any of the Company’s intellectual property in any way. All copyrights, trademarks, and other intellectual property rights in and to the Protection Plan Product (including the compilation of Content, postings, links to other internet resources, and descriptions of those resources) are owned by the Company and/or its licensors, which reserve all their respective rights in law or in equity. THE USE OF THE COMPANY’S PROTECTION PLAN PRODUCT, EXCEPT AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF THE COMPANY AND OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT AND OTHER INFRINGEMENT.
Company trademarks, service marks, graphics, and logos used in connection with the Protection Plan Product are common law trademarks or registered trademarks of the Company. You are granted no right or license with respect to any of the aforesaid trademarks.
The Protection Plan Product includes access for one (1) person or one (1) married couple who has a joint filing tax account. Married couples filing separately, must have a separate registration. Upon registration, you will receive one username, password, and member profile for use during the live course, in the private member section of the Site and for use for Protection Plan access.
If you would like to take the Protection Plan Program along with a business partner or collaborator, with whom you are not married, have a married filing joint tax account AND your tax issue isn’t a joint tax account issue, you will need to each purchase the Protection Plan Program individually. Additionally, if you are interested in having a non-joint filing spouse, family member, assistant or your entire business team take the Protection Plan Program, a separate membership will need to be purchased for each participating member.
We respect your privacy and must insist that you respect the privacy of other people that participate in the Program (“Protection Plan Participants” or “Program Participants”).
By purchasing access to the Program, you agree:
While you are free to discuss your personal tax, financial or business problems and results from the Program and training, you must keep the experience and statements, oral or written, of all other participants in the strictest of confidence.
PROTECTION PLAN MEMBER AREA COMMUNITY RULESNo Solicitation Within the Protection Plan Member Area:
THIRD-PARTY MATERIALS AND WEBSITESThe Company may provide links to third-party materials, information and websites as a convenience to you and other Protection Plan Participants. Any third-party materials or websites are not part of the Protection Plan Program and they may be either withdrawn or terminated at any time without any liability on the part of the Company. You agree that you will be responsible for all payment and other obligations associated with your use of any and all third-party materials and websites. In addition, you agree that the Company is not responsible for examining and evaluating the content and accuracy of any third-party materials and websites, and the Company does not warrant and will not have any liability or responsibility for any third-party materials or websites or for any other materials, products, or services of third-parties. You further agree that you will not use any third-party materials and websites in a manner that would infringe or violate the rights of any other party and that the Company will not be liable for your improper use of third-party materials and websites.
DISCLAIMERTHE PROTECTION PLAN PRODUCT, THE SITE, THE CONTENT, AND ANY OTHER MATERIALS PROVIDED BY US HEREUNDER ARE PROVIDED “AS IS” AND “AS AVAILABLE” BASIS WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE IN CONNECTION WITH THE PRODUCTS.
When addressing financial matters in any of our websites, videos, newsletters, programs or other Content, we’ve taken all reasonable efforts to ensure that we accurately represent our programs and their potential to resolve your tax problems, grow your business and improve your life. However, the Company does not guarantee that you will get any results, save money or earn any money using any of our ideas, tools, strategies or recommendations, and nothing in the Program, Content, or Site is a promise or guarantee to you of present and future results.
YOU EXPRESSLY AGREE THAT YOUR USE OR INABILITY TO USE THE PROTECTION PLAN PRODUCT IS AT YOUR SOLE RISK. By purchasing access to the Protection Plan Product, you accept, agree, and understand that you are fully responsible for your progress and results from your participation and that we offer no representations, warranties, or guarantees verbally or in writing regarding your tax resolution, ability to manage your personal finances, the profitability of your business, business performance, or results of any kind. You alone are responsible for your actions and results in life and business which are dependent on personal factors including, but not necessarily limited to, your skill, knowledge, ability, dedication, comprehension and financial situation, to name just a few. You also understand that any testimonials or endorsements by our customers or audience represented on our programs, websites, content, landing pages, sales pages, or offerings have not been scientifically evaluated by us and the results experienced by individuals may vary significantly. Any statements outlined on our websites, programs, Content, and offerings are simply our opinion and thus are not guarantees or promises of actual performance. We offer no professional legal, medical, psychological, or investment advice.
ADDITIONAL TERMS AND CONDITIONS1) GOVERNING LAW. You and the Company have entered into this Agreement in the State of Ohio and agree that the validity, interpretation, and legal effect of this Agreement, as well as all disputes among you and the Company, shall be determined in accordance with the laws of the State of Ohio, United States of America, without regard to conflicts of law principles that would dictate the application of the law of a different jurisdiction.
2) LIMITATION OF LIABILITY. IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) THE COMPANY, ITS OWNERS, OFFICERS, EMPLOYEES, AFFILIATES, CONTRACTORS, OR LICENSEES SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR OUT OF THIS AGREEMENT, INCLUDING YOUR USE OF THE PROTECTION PLAN PRODUCT; AND (II) YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PROTECTION PLAN PRODUCT AND REQUEST A REFUND AS SET FORTH IN SECTION 6. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.
3) NON-DISPARAGEMENT. You agree that you will not engage in any conduct or communications with a third party, public or private, designed to disparage the Company, the Protection Plan Program, or Anisha Bailey, including, but not limited to, any remark, comment, message, information, declaration, campaign, communication, or other statement of any kind, whether verbal, in writing, electronically transferred, or otherwise, that might reasonably be construed to be derogatory, defamatory, libelous, or slander.
4) BINDING EFFECT. This Agreement shall be binding upon, and inure to the benefit of, the successors, executors, heirs, representatives, administrators, and permitted assigns of the parties. You have no right to assign this Agreement, by operation of law or otherwise. The Protection Plan Product is a non-transferable program.
5) TERMINATION. The Company is committed to providing all customers in the Program with a positive Program experience. If you fail, or the Company suspects that you have failed, to comply with any of the provisions of this Agreement, the Company, in its sole discretion and without notice to you, may: (a) limit, suspend, or terminate your participation in the Protection Plan Program without refund or forgiveness of one-time fees or monthly Protection Plan payments; and/or (b) terminate this Agreement.Your obligations to the Company under this Agreement will survive expiration or termination of this Agreement for any reason.
6) CHANGES. The Company reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of the Protection Plan Product. Such modifications and additional terms and conditions shall be effective immediately and incorporated into this Agreement. Your continued use of the Protection Plan Product will be deemed your acceptance thereof. The changes may be listed in an area accessible to you on the Site or you may be notified by e-mail. If you have any questions, please contact our legal department directly at email@example.com.
7) INDEMNIFICATION. You agree to defend, indemnify, and hold harmless the Company, its owners, officers, employees, contractors, directors, licensors, related entities, affiliates, and successors from and against any and all liabilities and expense whatsoever, including, without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys’ fees, and disbursements, which any of such parties may incur or become obligated to pay arising out of or resulting from your breach of this Agreement and/or your misuse of the Protection Plan Product. You shall defend the Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. You recognize and agree that all of the Company’s owners, officers, employees, shareholders, trustees, affiliates, and successors shall not be held personally responsible or liable for any actions or representations of the Company.
8) BINDING ARBITRATION. In the event of a dispute arising under or relating to this Agreement or the Program (each, a “Dispute”), either party may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act (“FAA”). Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator selected jointly by the parties, whose decision will be final, except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by JAMS pursuant to its then current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website www.jamsadr.com. Each party will be responsible for paying any JAMS filing, administrative, and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator’s 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 arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in the United States county where you reside. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. As set forth in Section 8(J) below, nothing in this Agreement will prevent the Company from seeking injunctive relief in any court of competent jurisdiction as necessary to protect its proprietary interests.
9) CLASS ACTION WAIVER. You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
10) EQUITABLE RELIEF. You acknowledge and agree that in the event of a breach or threatened violation of the Company’s intellectual property rights and confidential and proprietary information by you, the Company will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. The Company may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect its rights and property pending the outcome of the arbitration referenced above. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal and state courts in the State of Ohio, Butler County for purposes of any such action by the Company.
11) ENTIRE AGREEMENT. This Agreement constitutes the entire understanding and agreement of the Parties with respect to its subject matter and supersedes all prior and contemporaneous agreements or understandings, inducements, or conditions, express or implied, written or oral, between the parties.
12) COMPLIANCE WITH LAW. The parties shall comply with all applicable laws in performing this Agreement. Whenever there is any conflict between any provision of this Agreement and any applicable law, the applicable law shall prevail.
13) NO WAIVER. The failure of any party to insist on the performance of any obligation hereunder shall not be deemed to be a waiver of such obligation. Waiver of any breach of any provision shall not be deemed to be a waiver of any other breach of such provision or any other provision.
NOTICESTaxley, LLC9078 Union Centre Blvd #350West Chester, OH 45069Fax 1-800-989-9040
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