Terms and Conditions

Agreement between User and www.proadvisorcpa.com

Welcome to www.proadvisorcpa.com. The www.proadvisorcpa.com website (the “Site”) is comprised of various web pages operated by ProAdvisor CPA. All services provided to you on www.proadvisorcpa.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”), and we incorporate by reference any additional terms and conditions for any work performed agreed upon by engagement letter. By entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to this agreement and that you are of legal age to form a binding contract. Your use of www.proadvisorcpa.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

Updates to this agreement

We may make nonmaterial changes to these terms at any time without notice, but we will provide advance notice of any material changes to them. Unless material, changes to the terms will be applied to Services performed retroactively and will become effective (36) months prior to the changes made. If a new version of these terms has a material negative impact on you, then you may object to the change by notifying us (via support@proadvisor.com) within (30) days after we provide you with written notice of the changes. If you so notify us, then you will remain governed by the terms in effect immediately before the change until the end of your then-current Initial Term or Renewal Term, as applicable. After that, you will be governed by the changed terms. Notwithstanding anything to the contrary in the foregoing, any changes to the terms related to new features or made for legal reasons will become effective immediately upon notice

Scope of Services

www.proadvisorcpa.com is an E-commerce Site. We provide online accounting management, payroll, and tax return preparation services for businesses that are individuals and/or corporations, partnerships, or other forms of legally recognized business entities. The scope of the service provided to you may include bookkeeping, general accounting, payroll, and/or tax return preparation within limits of what a normal and reasonable Accounting firm would provide you as a service. Any and all tax recommendations are provided to the extent needed to prepare a tax return in the normal and reasonable course of doing business as an Accounting firm. We base this information exclusively on the information you provide to ProAdvisor CPA. You understand that you assume the ultimate sole responsibility for any decisions regarding the taxes for you and your business.
ProAdvisor CPA is not a financial planner, investment advisor, employment or tax attorney law firm, or any other form of advisor. Any tax recommendations are purely for the purposes of tax issues encountered in your particular case only. You acknowledge and agree that you will not hold ProAdvisor CPA liable for any issues or cause of action arising out aforementioned areas of financial planning, investment, legal, employment, or any other type of advising not found within the scope of services. You agree and understand that should you wish to incorporate the ProAdvisor CPA’s tax recommendations into any other of the aforementioned areas, ProAdvisor CPA strongly encourages you to consult the proper expert to discuss these issues.
ProAdvisor CPA, in the scope of services, does not include any procedures designed to discover errors, fraud, or theft. Therefore, you agree you will not rely upon ProAdvisor CPA for such matters.

Additional Services

Any additional services outside of the Scope of Services will be stated under a separate engagement letter. All fees, scope of work, and terms and conditions will be governed under the aforementioned separate engagement letter and its associated agreements, and you agree that the services to be performed in the engagement letter is separate from the Scope of Services offered on the Site.

Privacy

Your use of www.proadvisorcpa.com is subject to ProAdvisor CPA’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices. (https://proadvisorcpa.com/privacy-policy)

Electronic Communications

Visiting www.proadvisorcpa.com or sending emails to ProAdvisor CPA 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.

Your Account

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 ProAdvisor CPA is not responsible for third-party access to your account that results from theft or misappropriation of your account. ProAdvisor CPA and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content at our sole discretion.

ProAdvisor CPA does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under (18) years of age, you are both expressly and impliedly prohibited from using www.proadvisorcpa.com without parental consent.

Links to Third Party Sites/Third Party Services

www.proadvisorcpa.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of ProAdvisor CPA and ProAdvisor CPA 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. ProAdvisor CPA is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ProAdvisor CPA of the site or any association with its operators.

Certain services made available via www.proadvisorcpa.com are delivered by third-party sites and organizations. By using any product, service, or functionality originating from the www.proadvisorcpa.com domain, you hereby acknowledge and consent that ProAdvisor CPA may share such information and data with any third party with whom ProAdvisor CPA has a contractual relationship to provide the requested product, service, or functionality on behalf of www.proadvisorcpa.com users and customers. You agree that ProAdvisor CPA has no control over, or have any responsibility for the activities for services or functionality for the third-party sites and you will hold ProAdvisor CPA harmless with respect to any and all claims arising from or related to the aforementioned activities, services, or functionality of the third party sites and organizations.

Fees and Payment

ProAdvisor CPA reserves the right to require payment of fees for the use of various sites on www.proadvisorcpa.com and any additional services originating from the ProAdvisor CPA domain. If there is a pricing change, you will be notified ten (10) business days in advance, either in an email to you or through a public area on the ProAdvisor CPA website. Use of the Site constitutes your acceptance of any new or increased charges.

Payment processing services are provided by a third party of our choosing and may change from time to time. Said third-party merchant provider will be an independent company and may have its own terms and conditions for the usage of their service. You agree that any use of third-party merchant services is at your own sole discretion and will hold ProAdvisor CPA free from any liability associated with the use of this service.

Cancellation/Refund Policy

You may cancel your subscription by providing thirty (14) days’ written notice to ProAdvisor CPA. Your original data or access to digital data that is exclusively your own will be provided to you in a basic CSV file or administrative access will be turned over to you directly. Should you require specialized services with regard to your data file, you agree that ProAdvisor CPA can charge you additionally for such services. Please contact us at support@proadvisorcpa.com with any questions.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use www.proadvisorcpa.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to ProAdvisor CPA that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

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 ProAdvisor CPA 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. ProAdvisor CPA 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 ProAdvisor CPA 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 ProAdvisor CPA or our licensors except as expressly authorized by these Terms.

Use of Communication Services

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

ProAdvisor CPA has no obligation to monitor the Communication Services. However, ProAdvisor CPA reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. ProAdvisor CPA reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

ProAdvisor CPA reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, in ProAdvisor CPA’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. ProAdvisor CPA does not control or endorse the content, messages, or information found in any Communication Service and, therefore, ProAdvisor CPA specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized ProAdvisor CPA spokespersons, and their views do not necessarily reflect those of ProAdvisor CPA.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction, and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

Materials Provided to www.proadvisorcpa.com or Posted on any ProAdvisor CPA Web Page

ProAdvisor CPA does not claim ownership of the materials you provide to www.proadvisorcpa.com (including feedback and suggestions) or post, upload, input or submit to any ProAdvisor CPA Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing, or submitting your Submission you are granting ProAdvisor CPA, our affiliated companies, and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. ProAdvisor CPA is under no obligation to post or use any Submission you may provide and may remove any Submission at any time at ProAdvisor CPA’s sole discretion.
By posting, uploading, inputting, providing, or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Third-Party Accounts

ProAdvisor CPA utilizes 3rd party software for various use cases. (Email, Scheduling, Accounting tools, etc…) Information regarding our use of 3rd party software can be found in our privacy policy. (https://www.proadvisorcpa.com/privacy-poilcy)

International/Non-Arizona Users

The Service is controlled, operated, and administered by ProAdvisor CPA from our offices within the State of Arizona in the United States. If you access the Service from a location outside Arizona or the USA, you are responsible for compliance with all local laws. You agree that you will not use the ProAdvisor CPA Content accessed through www.proadvisorcpa.com in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.

Indemnification

You agree to indemnify, defend and hold harmless ProAdvisor CPA, 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. ProAdvisor CPA 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 ProAdvisor CPA in asserting any available defenses.

ALTERNATIVE DISPUTE RESOLUTION

If a dispute arises out of or relates to the Service including the Scope of Services contained herein, or the breach thereof, and if the dispute cannot be settled through negotiation, You and the Company agree first to try to settle the dispute, in good faith, by mediation administered by the American Arbitration Association (“AAA”) under the Professional Accounting and Related Services Dispute Resolution Rules before resorting to arbitration, litigation, or some other dispute resolution procedure. The mediator will be selected by agreement of the parties. If the parties cannot agree on a mediator, a mediator shall be designated by the AAA. Any mediator so designated must be acceptable to all parties. The mediation will be conducted at a location in Pima County, Arizona, USA. The mediation will be treated as a settlement discussion and, therefore, will be confidential. The mediator may not testify for either party in any later proceeding relating to the dispute. No recording or transcript shall be made of the mediation proceedings. The costs of any mediation proceedings shall be shared equally by all parties. Any costs for legal representation shall be borne by the hiring party.

If mediation does not resolve the 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 Arizona 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 within Pima County, Arizona, USA. Prevailing law will be the laws of the State of Arizona. The arbitrator’s award shall be final, and judgment may be entered upon it in any State 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 Arizona 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 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 the Employer 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.

Liability Disclaimer

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. PROADVISOR CPA AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE SITE AT ANY TIME.

PROADVISOR CPA 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. PROADVISOR CPA 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.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PROADVISOR CPA AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PROADVISOR CPA OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction

ProAdvisor CPA 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 Arizona and you hereby consent to the exclusive jurisdiction and venue of courts in Arizona 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 ProAdvisor CPA as a result of this agreement or use of the Site. ProAdvisor CPA’s performance of this agreement is subject to existing laws and legal processes, and nothing contained in this agreement is in derogation of ProAdvisor CPA’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 ProAdvisor CPA 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 ProAdvisor CPA with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and ProAdvisor CPA 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 of the parties that this agreement and all related documents be written in English.

Statute of Limitations

You agree that any claim arising from the use of www.proadvisorcpa.com shall be commenced within one (1) year of from the original date of the complaint, and waive any other longer time periods as provided by law. A claim is defined as a demand for money or services, the service of a suit, or the institution of arbitration proceedings against the Company. If no suit is commenced within one (1) year from the original date of the complaint, you agree to be permanently barred from raising this issue for any purpose, including but not limited to, litigation.

Changes to Terms

ProAdvisor CPA reserves the right, in its sole discretion, to change the Terms under which www.proadvisorcpa.com is offered. The most current version of the Terms will supersede all previous versions. ProAdvisor CPA encourages you to periodically review the Terms to stay informed of our updates.

BY SIGNING, SUBMITTING, AND/OR OTHERWISE ACCEPTING ANY FORMAL AGREEMENT WITH US (INCLUDING PROVIDING YOUR PAYMENT INFORMATION) YOU HAVE ACCEPTED THE TERMS OF THIS AGREEMENT AS WELL AS ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO OUR “TERMS OF SERVICE AGREEMENT”, “PRIVACY POLICY”, “TAXPAYER DUE DILIGENCE AGREEMENT” AND “ACCEPTABLE USE POLICY“.


Contact Us
ProAdvisor CPA welcomes your questions or comments regarding the
Terms:

ProAdvisor CPA
7014 E Golf Links Road, #318 Tucson AZ 85730

Email Address:
support@proadvisorcpa.com

Telephone number:
1-520-800-0780
Effective as of 07 August 2022