Terms of Service

Revised: May 25, 2022

This Terms of Service Agreement ("this Agreement") is a legally-binding contract between Tax Credit Hero, LLC, a Texas entity, ("TCH", "we", "us", or "our") and you ("you", "your", or "user"), a visitor or user of TCH's websites, online, TCH products, and related services, (collectively, the "Services") for the Services related to the then-current tax filing year at the time this Agreement is accepted or amended.

BY CLICKING ON THE “I ACCEPT THE AGREEMENT” OPTION UPON SIGNING UP WITH TCH, USER AGREES TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY THESE TERMS, YOU SHOULD CLICK ON THE “I DECLINE THE AGREEMENT” OPTION.

A "registered user" is a user from whom TCH has received payment and the information necessary to permit such person to print reports prepared using the Services and who complies with the terms and conditions of this Agreement.

Ownership; Limited License; Copyright & Trademark Ownership.

The Services and all related text, graphics, images, photographs, videos, illustrations, computer code, and other information, materials and content contained in the Services or provided by TCH in connection therewith (collectively, "Content") are owned by or licensed to TCH and are protected under both United States and foreign laws. Except as explicitly stated in this Agreement, TCH and its licensors reserve all right in and to the Services and Content.
1. Limited License to Services.
  
  Subject to your continued compliance with this Agreement, including payment of any applicable fees, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use the Services for your single organization. You shall not make any use of the Services in any manner not expressly permitted by this Agreement.
2. Restrictions.
  
  The license granted to you is subject to this Agreement and does not include any right to (a) sell, mirror, frame, resell or commercially use our Services or Content; (b) copy, reproduce, distribute, publicly perform or publicly display any Services or Content; (b) modify, or create derivative works based on, the Services or Content; (c) remove or alter any proprietary rights notices or markings on or in the Services or Content; (d) use any data mining, robots or similar data gathering or extraction methods in relation to the Services or Content; (e) use our Services or Content other than for their intended purposes; (f) transmit any viruses, malware, or other malicious code or software through the Services or otherwise interfere or attempt to interfere with the normal operation of the Services; (g) attempt to gain unauthorized access to TCH's or any third party's systems, networks, or data; (h) use the Services to transmit any fraudulent information, create any false identity, or misrepresent your identity; or (i) otherwise use the Services or Content in violation of any applicable law. Any use of our Services or Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the permissions granted in this Agreement.
3. Trademarks
  
  TCH and the associated logos and any other TCH service names, logos or slogans that may appear on the Services are trademarks of TCH and our licensors and may not be copied, imitated or used, in whole or in part, without our or the applicable trademark holder's prior written permission. You may not use metatags or other "hidden text" utilizing "Tax Credit Hero" or any other name, trademark or product or service name of TCH. In addition, the look and feel of the Services, including, without limitation, all page headers, custom graphics, button icons and scripts, constitute the service mark, trademark or trade dress of TCH and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Services are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder.
User Responsibility

You agree that you are responsible for submitting accurate and complete information while preparing your tax forms and for reviewing your tax forms for indications of obvious errors prior to printing your forms and/or report. You agree that TCH is not acting as your agent or fiduciary in connection with your use of any of the Services. You are also responsible for acquiring and maintaining all equipment, computers, software and communications or Internet services (such as data or long distance phone charges) relating to your access and use of the Services, and for all expenses relating thereto (plus applicable taxes). You must use your valid form of payment to pay all fees and charges related to the Services and, except as otherwise provided herein, all fees and charges are non-refundable. You are responsible for meeting any tax filing deadlines.

TCH may offer you the ability to use certain informative tools, including, without limitation, for example, questions regarding qualified business components and activities. You acknowledge and agree that these tools are provided merely as a convenience to our users, and that you retain ultimate responsibility for ensuring the accuracy and completeness of any information you submit while using the Services.

You are the only person authorized to use your user identification and password, and you shall not permit or allow other people to have access to or use the same. You are responsible for maintaining the confidentiality of your user identification and password. You are responsible for any actions taken using your user identification and password. You are responsible for ensuring that all information in your account, including without limitation your contact information, are and remain at all times complete and accurate.

You acknowledge and agree that you are solely responsible for all content, data, and information submitted by your user identification or any third party you granted access into the Service, including, without limitation, content, data, and information relating to third parties. You hereby indemnify and hold harmless TCH from and against any third party claims, liabilities, costs and expenses, including attorney’s fees, related to such content, data, and information submitted by you or third parties whom you have given access. You further acknowledge and agree that you are responsible for implementing and responding to any third party requests to modify, update, delete, or otherwise alter any content, data, and information that you have submitted into the Service.

Use of the Services is intended for desktop web browser use only and not designed for mobile browser use. If you choose to access and use the Services through a mobile browser, you agree that your access to and use of the Services via, through, by or within a mobile browser is governed by this Agreement.

To the fullest extent permitted by applicable law, TCH has no obligation to store or maintain any information you provide to it, and you are responsible for printing or saving a copy of your tax forms and/or reports for your records.
Electronic Communications

By creating a TCH account, you consent to receive electronic communications from TCH (e.g., telephone, via email, or by posting notices on our Services). These communications may include notices about your account (e.g., authentication, payment authorizations, password changes and other transactional information) or legal notices and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.
Modifications

TCH has the right at any time and for any reason to modify or discontinue the Services or any aspect or feature of the Services, including but not limited to their Content, functionality or hours of availability, the equipment needed for its access or use, or pricing. In addition, TCH reserves the right, at any time, to change the terms of this Agreement. If TCH makes changes to this Agreement, TCH will provide you with notice of such changes, such as by sending an email, posting a notice on the Services or updating the date at the top of this Agreement. Your continued use of the Services after any such changes will confirm your acceptance of the then-current version of this Agreement. For avoidance of doubt, TCH's posting a notice or updating the terms of this Agreement for the then current tax year will not amend or modify the terms for any prior tax year unless the terms expressly indicate prior year terms are also amended or modified. If you do not agree with any such changes, you must immediately discontinue your use of the Services.
Third Party Services

The Services and Content may contain links to, or information regarding, third party websites, products, or services. TCH provides such links and information for your convenience but does not control or endorse any third party services or products. You agree that TCH is not liable for the content, accuracy, functionality, or any other aspect of any third party services or products and that TCH is not responsible for the acts, omissions, policies, or procedures of any such third party. Any transactions that you choose to enter into with any third party is between you and the applicable third party, and TCH will not be a party to or have any liability with regards to such transactions.

To facilitate third party services, we may be required to obtain your explicit consent for disclosure and/or use of your information. By accepting these third party services agreements and consents, you authorize us to use and disclose your information, including name and address, to the third party for the purpose of making the third party services you choose available to you. For some third party services, we may submit an application on your behalf using your information to assist you in obtaining a benefit provided by a third party. You acknowledge that we do not determine if you receive the benefit and that you are solely responsible for meeting the third party’s requirements and complying with applicable laws and regulations. If you sign up for a third party service that requires access to your information on an ongoing basis and you subsequently want us to stop making your information available to such third party, you should discontinue use of the third party services.
Disclaimer of Warranties

EXCEPT AS EXPRESSLY PROVIDED BY TCH TO THE CONTRARY, THE SERVICES AND CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TCH AND ITS PARENT, SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, CONSULTANTS, AGENTS, ASSIGNS, LICENSORS, DISTRIBUTORS, ADVERTISERS, WEB-LINK PROVIDERS, DEALERS OR SUPPLIERS (COLLECTIVELY, THE "PARTICIPATING PARTIES") DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE SERVICES, CONTENT, AND RELATED MATERIALS, INCLUDING, WITHOUT LIMITATION, THEIR FITNESS FOR A PARTICULAR PURPOSE, THEIR QUALITY, THEIR MERCHANTABILITY, AND THEIR NON-INFRINGEMENT.

TCH DOES NOT WARRANT THAT THE SERVICES ARE ACCURATE, COMPLETE OR FREE OF ERRORS, INTERRUPTIONS, VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES WILL BE AVAILABLE 24 HOURS PER DAY, SEVEN DAYS PER WEEK. YOU FURTHER ACKNOWLEDGE THAT THE OPERATION AND AVAILABILITY OF THE COMMUNICATIONS SYSTEMS USED FOR ACCESSING AND INTERACTING WITH THE SERVICES (E.G., THE PUBLIC TELEPHONE, COMPUTER NETWORKS AND THE INTERNET) CAN BE UNPREDICTABLE AND MAY, FROM TIME TO TIME, INTERFERE WITH OR PREVENT ACCESS TO THE SERVICES OR THEIR OPERATION. TCH IS NOT IN ANY WAY RESPONSIBLE FOR ANY SUCH INTERFERENCE WITH, OR PREVENTION OF, YOUR USE OF OR ACCESS TO SERVICES BEYOND THE REASONABLE CONTROL OF TCH.

TCH DOES NOT PROVIDE TAX OR LEGAL ADVICE. ANY INFORMATION CONTAINED ON THE TCH WEBSITE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY, AND YOU ARE RESPONSIBLE FOR CONSULTING WITH YOUR OWN PROFESSIONAL TAX ADVISORS CONCERNING YOUR SPECIFIC TAX CIRCUMSTANCES. TCH DISCLAIMS ANY RESPONSIBILITY FOR THE VALIDITY, ACCURACY, OR ADEQUACY OF ANY POSITIONS TAKEN BY USERS IN THEIR TAX RETURNS. ALL WARRANTIES OR GUARANTEES GIVEN OR MADE BY TCH WITH RESPECT TO THE SERVICES (1) ARE FOR THE BENEFIT OF THE REGISTERED USER OF THE SERVICES ONLY AND ARE NOT TRANSFERABLE, AND (2) SHALL BE NULL AND VOID IF YOU BREACH ANY TERMS OR CONDITIONS OF THIS AGREEMENT.
Limitation of Liability and Damages

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF TCH AND THE PARTICIPATING PARTIES (JOINTLY) FOR ANY REASON SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE SERVICES AND CONTENT.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER TCH NOR THE PARTICIPATING PARTIES WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR INVESTMENT, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF TCH OR THE PARTICIPATING PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE TCH OR THE PARTICIPATING PARTIES' LIABILITY FOR PRODUCT LIABILITY CLAIMS THAT ARISE IN CONNECTION WITH THE ACCESS OR USE OF THE SERVICES OR FOR TCH'S OR THE PARTICIPATING PARTIES' GROSS NEGLIGENCE, FRAUD, OR INTENTIONAL, WILLFUL, MALICIOUS, OR RECKLESS MISCONDUCT.
Miscellaneous

TCH shall have the right to immediately terminate your access to or use of the Services in the event of any activities which breach this Agreement or conduct which, in TCH's sole judgment, interferes with the operation or use of the Services (e.g., excessive usage of the Services which disrupts the use of the Services by other users) or your failure to consent to these terms, any updates or amendments to these terms, or other policies or terms related to the use of our services. Termination of this Agreement automatically terminates your license and authorization to use the Services and Content.

This Agreement, our privacy policy, and any terms associated with any particular offer for use of the Services set forth TCH's and the Participating Parties' entire liability and your exclusive remedy with respect to the Services, comprise a complete statement of the agreement between you and TCH regarding the subject matter thereof, and supersede any prior understandings with regards to such subject matter. In the event of any conflict between the terms of this Agreement and another policy or offer terms, the conflicting terms shall, if possible, be read so as to avoid the conflict, and, should the conflict be unavoidable, the terms of this Agreement shall control. This Agreement does not limit any rights that TCH may have under trade secret, trademark, copyright, patent or other laws. The employees of TCH and the Participating Parties are not authorized to make modifications to this Agreement, or to make any additional representations, commitments, or warranties binding on TCH, except in a writing signed by an authorized officer of TCH. If any provision of this Agreement is invalid or unenforceable under applicable law, then it shall be, to that extent, deemed omitted and the remaining provisions will continue in full force and effect.
Dispute Resolution; Binding Arbitration

Please read the following section carefully because it requires you to arbitrate certain disputes and claims with TCH and limits the manner in which you can seek relief from us. Except for small claims disputes in which you or TCH seek to bring an individual action in small claims court located in the Harris County, TX or disputes in which you or TCH seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and TCH waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Services resolved in court. Instead, all disputes arising out of or relating to these Terms or our Services will be resolved through confidential binding arbitration held in Harris County, Texas in accordance with the rules and practices of the American Arbitration Association (AAA) from time to time in force. Arbitration may proceed in the absence of any party if written notice (pursuant to the American Arbitration Association’s rules and regulations) of the proceedings has been given to such party. You and TCH agree to abide by all awards rendered in such proceedings. The arbitrator shall not have the power to alter this Agreement nor award punitive, treble, consequential, or special damages

You and TCH agree that any dispute arising out of or related to these Terms or our Services is personal to you and TCH and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.

You and TCH agree that these Terms affect interstate commerce and that the enforceability of this Section will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the "FAA"), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the AAA Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual's claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. You and TCH agree that for any arbitration you initiate, you will pay all fees and costs. For any arbitration initiated by TCH, TCH will pay all fees and costs. You and TCH agree that the state or federal courts of the State of Texas and the United States in Harris County, Texas have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.

ANY CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT OR OUR SERVICES OR CONTENT MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM AROSE; OTHERWISE, THE CLAIM IS PERMANENTLY BARRED, WHICH MEANS THAT YOU AND TCH WILL NOT HAVE THE RIGHT TO ASSERT THE CLAIM.
Jurisdiction and Venue

This Agreement shall be governed by and construed in accordance with Texas law without giving effect to the conflicts of law principles thereof, and applicable federal law. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court shall be resolved in the state or federal courts residing in Harris County, Texas.
Privacy Policy

Our Privacy Policy can be found at the following website:taxcredithero.com/privacypolicy