Agreement between User and NovaTax
Welcome to NovaTax! NovaTax consists of the novataxintellligence.com website (the "Site") which is comprised of various web pages operated by Nova Tax and Accounting Solutions Inc. ("NovaTax"). NovaTax is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of novataxintellligence.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
NovaTax provides federal and state tax news and research information for tax practitioners at small to medium sized firms in the United States. Firms and individuals can purchase an annual subscription to these products on the novataxintelligence.com web site.
Visiting novataxintellligence.com or sending emails to NovaTax constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that NovaTax is not responsible for third party access to your account that results from theft or misappropriation of your account. NovaTax and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
NovaTax does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use novataxintellligence.com only with permission of a parent or guardian.
Once an annual subscription has started the account may not cancel it. The annual subscription will autorenew at the end of the term but the account can cancel the renewal at any time prior to the end of the current subscription term.
Links to Third Party Sites/Third Party Services
novataxintellligence.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of NovaTax and NovaTax is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. NovaTax is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by NovaTax of the site or any association with its operators.
Certain services made available via novataxintellligence.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the novataxintellligence.com domain, you hereby acknowledge and consent that NovaTax may share such information and data with any third party with whom NovaTax has a contractual relationship to provide the requested product, service or functionality on behalf of novataxintellligence.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of NovaTax or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. NovaTax content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of NovaTax and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of NovaTax or our licensors except as expressly authorized by these Terms.
You may reproduce and distribute limited excerpts and quotations from the Licensed Content, solely in the regular course of tax and business research for you and your clients, provided that (i) the purpose of such services is not to provide a publication or services similar to that of NovaTax or our licensed content providers including Tax Analysts whether for free or for consideration, (ii) such excerpt gives proper attribution to Tax Analysts as the source of such excerpt or portion, and (iii) such portion or excerpt has no independent commercial value and is not separately marketed by you.
NovaTax terms and conditions governing NovaTax Subscribers’ rights and obligations with respect to the Licensed Content from Tax Analysts, notice of Tax Analysts’ intellectual property ownership should be include the followsing:
All content © 20___ Tax Analysts, Inc. All rights reserved.
“Tax Analysts,” “Tax Notes,” Tax Notes Today,” “Tax Notes State,” Tax Notes Federal,” “Tax Notes International,” “Tax Notes Research” and the “ta” logo are trademarks registered trademarks of Tax Analysts, Inc. Unauthorized use of any Tax Analysts, Inc., trademark is prohibited.
Where “20___” is the year (or years) in which Licensed Content is provided by Tax Analysts under this Agreement.
Tax Analysts’ materials on NovaTax are made available to assist members of the tax and accounting practitioner market, but not to provide legal advice to any person. Although Tax Analysts believes that the information in the Licensed Content is accurate, necessarily each user must exercise professional judgment or involve a professional to provide such judgment when using these materials and take responsibility for their use. Tax Analysts does not make, and no user receives, any warranty with respect to them, AND PARTICULARLY NO WARRANTY OF NONINFRINGEMENT, NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE AND NO WARRANTY OF MERCHANTABILITY. NO EMPLOYEE OR AGENT OF TAX ANALYSTS IS AUTHORIZED TO PROVIDE, AND THE USER MAY NOT RELY ON, ANY REPRESENTATIONS OR WARRANTIES, WHETHER ORAL OR WRITTEN, WITH RESPECT TO THE LICENSED MATERIALS BEYOND THOSE CONTAINED IN THIS PARAGRAPH. Tax Analysts will defend against good faith, reasonable claims that use of the Licensed Content infringes the copyright or other rights of any person.
NovaTax has a license to sell selected Tax Analysts content into specific customer segments in the United States. If you and/or your firm are not in one of these segments you will not be able to subscribe to NovaTax. As part of the NovaTax account creation process you will be asked to acknowledge that you are in an approved segment. If it turns out you and/or your firm are not in one of the approved segments NovaTax will terminate your subscription. The approved segments are as follows:
- Small and mid-sized CPA firms, namely, CPA firms not on the Accounting Today 100 list;
- Solo CPAs and accountants;
- Small and mid-sized accounting services, tax prep providers, and enrolled agents;
- Corporations with less than $1 Billion in annual gross revenues.
The Service is controlled, operated and administered by NovaTax from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the NovaTax and Tax Analysts content accessed through novataxintellligence.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless NovaTax, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. NovaTax reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with NovaTax in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and NovaTax agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. NOVA TAX AND ACCOUNTING SOLUTIONS INC. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
NOVA TAX AND ACCOUNTING SOLUTIONS INC. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. NOVA TAX AND ACCOUNTING SOLUTIONS INC. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
NovaTax reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of North Carolina and you hereby consent to the exclusive jurisdiction and venue of courts in North Carolina in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and NovaTax as a result of this agreement or use of the Site. NovaTax's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of NovaTax's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by NovaTax with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and NovaTax with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and NovaTax with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
NovaTax reserves the right, in its sole discretion, to change the Terms under which novataxintellligence.com is offered. The most current version of the Terms will supersede all previous versions. NovaTax encourages you to periodically review the Terms to stay informed of our updates. You agree to be bound by any changes by using our website after the changes are made to our terms and conditions.
NovaTax welcomes your questions or comments regarding the Terms:
Nova Tax And Accounting Solutions Inc.
16535 Bastille Dr
Charlotte, North Carolina 28278