Last Revised: February 7, 2025
THIS IS A LEGAL CONTRACT, PLEASE READ THESE TERMS OF USE CAREFULLY AND FULLY.
IMPORTANT: THESE TERMS OF USE (TOGETHER WITH ANY ADDENDA, INCORPORATED TERMS, AND THE BORISMTAX INC.’S PRIVACY POLICY, COLLECTIVELY, THE “TERMS OF USE” OR “TERMS”) CONSTITUTES A LEGAL AGREEMENT BETWEEN YOU (“VISITOR”, “YOU”, “YOUR”) AND BORISMTAX INC. (DEFINED BELOW). THIS POLICY SETS FORTH THE LEGAL TERMS AND CONDITIONS CONCERNING YOUR ACCESS TO AND USE OF THE BORISMTAX INC. PLATFORM (DEFINED BELOW).
THE TERM “PLATFORM” MEANS: (A) WWW.BORISMTAX.COM AND ANY OTHER WEBSITE OWNED AND OPERATED BY BORISMTAX INC. (COLLECTIVELY, THE “WEBSITES” OR “SITES”), (B) ANY BORISMTAX INC. SOFTWARE WHICH INCLUDES ANY BORISMTAX INC. MOBILE APPLICATIONS (COLLECTIVELY, THE “APPLICATIONS” OR “APPS”) AND (C) ANY SERVICES (DEFINED BELOW) OFFERED BY OR THROUGH BORISMTAX INC. FROM TIME TO TIME.
PLEASE ALSO NOTE THAT THESE TERMS OF USE CONTAIN PROVISIONS THAT GOVERN ANY CLAIMS THAT THE PARTIES MAY HAVE AGAINST EACH OTHER INCLUDING, WITHOUT LIMITATION, A MANDATORY ARBITRATION CLAUSE AND CLASS ACTION WAIVER, WHICH AFFECT YOUR LEGAL RIGHTS. PLEASE REVIEW SECTION 16 CAREFULLY.
BY ACCEPTING AND AGREEING TO THESE TERMS OF USE, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THESE TERMS OF USE AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
Our Privacy Policy located at https://www.borismtax.com/privacy.htm (“Privacy Policy”) explains how we use information you provide to us or that we collect from time to time through our Platform and/or third parties.
We may translate these Terms of Use into other languages for your convenience. Nevertheless, the English version governs your relationship with BorisMTax Inc., and any inconsistencies among the different versions will be resolved in favor of the English version on this website.
By accessing or visiting any part of the Platform including, without limitation, this Website, downloading or using our Services, you consent to these Terms of Use. You also acknowledge that any dispute you may have with us is subject to this these Terms of Use and our Privacy Policy
These Terms of Use do not apply to any website, product or service of any Third-Party even if such website, product or service links to (or from) the Platform. BorisMTax Inc. does not operate those Third-Party sites or application links. Please review the terms of use or service and privacy practices of those third-party websites, products or services before deciding whether to visit or use them or to provide any of your information to them.
These Terms of Use govern your visit to, and the manner in which you use, interact or transact with or through the Platform or any part thereof including, without limitation, the respective features, applications, products and services offered by BorisMTax Inc. or available on or through the Platform (collectively the “Services”) by BorisMTax Inc. and its subsidiary and parent entities, affiliates, and their respective representatives, employees, managers, officers and directors (collectively, “BorisMTax Inc.”, “we”, “us” or “our”). In these Terms, the words “including” and “include” mean “including, but not limited to.” These Terms expressly supersede prior terms of use concerning access to or the use of the Platform and/or Services.
Notwithstanding the foregoing, these Terms do not supersede or otherwise impact the enforceability of any service agreements you may have with BorisMTax Inc. or its subsidiaries concerning accounting, tax preparation and/or bookkeeping services (e.g. Master Services Agreement and/or any similar agreements and applicable policies and guidelines) (the “Service Agreements”). In the event that any of the terms and conditions contained in these Terms of Use conflict or are inconsistent with the terms and conditions of any Service Agreement between you and BorisMTax Inc, the Service Agreement (and not these Terms) will prevail only as to the conflicting and/or inconsistent terms and conditions.
BorisMTax Inc. may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Platform and/or Services or any portion thereof, at any time for any reason.
Supplemental terms may apply to certain options or offers available through the Services. Supplemental terms are in addition to, and shall be deemed a part of, these Terms for the purposes of the applicable option or offer. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable option or offer.
By accessing or visiting the Website and/or Platform or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://www.borismtax.com/privacy.htm, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.
You affirm that you:
If you are a parent or legal guardian, and you allow your child to use the Platform, our Services or to register or use an account with BorisMTax Inc., then these Terms of Use apply to you and you are responsible for your child’s activity on the Platform. In that situation, “you”, “your” and/or “user” will refer to both you and your child. Notwithstanding the above, the Platform is not intended for use by persons under the age of 16.
BorisMTax Inc. reserves the right, in its sole discretion, to modify these Terms of Use, and any other documents incorporated by reference herein, at any time and without prior notice. If BorisMTax Inc. makes changes, it will provide you with notice of such changes, such as by sending an email, providing a notice through the Services, or updating the date at the top of these Terms. Unless BorisMTax Inc. says otherwise in its notice, the amended Terms will be effective immediately and your continued access to and use of the Services after BorisMTax Inc. provides such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop accessing and using the Services. Please review these Terms of Use each time to determine if these Terms of Use have changed.
The BorisMTax Inc. Platform may be accessed in a number of forms, including through mobile and/or web-based applications (“Applications”). The BorisMTax Inc. Platform provides general (i.e. not individualized) information concerning accounting, tax preparation and tax reduction service and may facilitate your receipt of these services from BorisMTax Inc (collectively, the “Services”). Unless otherwise agreed by BorisMTax Inc. in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use.
The information presented on or through the Platform is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Platform, or by anyone who may be informed of any of its contents.
The Platform includes content provided by third parties, including materials that may be provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by BorisMTax Inc, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of BorisMTax Inc. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
We may update the content on the Platform from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Platform may be out of date at any given time, and we are under no obligation to update such material.
Subject to your compliance with these Terms, BorisMTax Inc. grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Platform and/or Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Platform, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by BorisMTax Inc. and BorisMTax Inc.’s licensors.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Platform or Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Platform or Services except as expressly permitted by BorisMTax Inc.; (iii) decompile, reverse engineer or disassemble the Platform or Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Platform or Services; (v) cause or launch any programs or scripts for the purpose of unduly burdening or hindering the operation and/or functionality of any aspect of the Platform or Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Platform or Services or its related systems or networks.
The Platform and/or Services may be made available or accessed in connection with third-party services and content (including advertising) that BorisMTax Inc. does not control. Once you click on a link to third-party services or content, you will be subject to the terms and conditions and privacy policy of that website, destination, or third-party service provider. BorisMTax Inc. will not warn you that you have left the Platform or Services or that you are subject to the terms and conditions (including privacy policies) of another website, destination, or third-party service provider. You use all links in third-party websites and advertisements at your own risk as these are not part of the Platform or Services and are not controlled by BorisMTax Inc. You acknowledge that different terms of use and privacy policies may apply to your use of such third-party services and content. BorisMTax Inc. does not endorse such third-party services and content and in no event shall BorisMTax Inc. be responsible or liable for any products or services of such third-party providers.
You acknowledge and agree that the availability of the Applications through which you access or use the Services or Platform may be dependent on the third-party from which you received the Application’s license, e.g., the Apple iPhone or Android app stores (“App Store”). You acknowledge and agree that these Terms are between you and BorisMTax Inc. and not with the App Store, and that BorisMTax Inc. is responsible for the provision of Services as described in these Terms. However, if you downloaded an Application from the Apple App Store, Apple and its subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple shall have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof. These Terms incorporate by reference Apple’s Licensed Application End User License Agreement, for purposes of which, you are “the end-user.” In the event of a conflict in the terms of the Licensed Application End User License Agreement and these Terms, the terms of these Terms will control.
The Platform and Services and all rights therein are and shall remain BorisMTax Inc.’s property or the property of BorisMTax Inc.’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights in or related to the Platform or Services except for the limited license granted above.
You agree that you will not use BorisMTax Inc.’s trademarks, service marks, or trade dress or any similar names, marks, or trade dress (“BorisMTax Inc.’s Marks”), aside from use incidental to your use of the Services, without express, written permission from BorisMTax Inc. This prohibition on using BorisMTax Inc.’s Marks includes, but is not limited to, use in domain names, websites, and social media accounts.
In order to use or receive some aspects of the Platform and/or Services, you may be required to register for and maintain an active personal user account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account, unless otherwise provided. You cannot register for or maintain an Account if you have previously been banned from accessing or using the Platform or Services. Account registration requires you to submit to BorisMTax Inc. certain personal information, such as your name, address, mobile phone number, age, and information relevant to your individual tax circumstances as well as at least one valid payment method supported by BorisMTax Inc or its payment processor. For more information regarding BorisMTax Inc.’s use of your personal information, please see our Privacy Policy currently available at https://www.borismtax.com/privacy.htm. You agree to maintain accurate, complete, and up-to-date information in your Account, including a valid phone number, address, personal and/or business information relevant and/or necessary to the Services and payment method. Your failure to comply with these Terms (including policies and supplemental terms) including, without limitation, your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access or use the Platform and/or Services. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by BorisMTax Inc. in writing, you may only possess one Account.
If the Platform provides you with the opportunity to post or otherwise transmit audio or visual content, information and/or documentation you agree to abide by the BorisMTax Inc. Community Guidelines, as created, modified or supplanted from time to time, including, without limitation, those guidelines set forth below (collectively, the “Community Guidelines”).
You acknowledge and agree that:
Failure to comply with the Community Guidelines or any violation of these Terms may result in suspension of your account and/or the permanent loss of access to the Platform.
The Platform are not intended for use by persons under the age of 18. You may not authorize third-parties to use your Account. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when accessing or using the Platform and/or Services, and you may only access or use the Platform and Services for lawful purposes. You may not in your access or use of the Platform or Services cause nuisance, annoyance, inconvenience, or property damage. In certain instances, you may be asked to provide proof of age, identity or other method of identity verification to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of age, identity or other method of identity verification.
For the purpose of assisting us with our compliance and insurance obligations, you agree to notify us within 24 hours and provide us with all reasonable information relating to any incident or accident that occurs during your use of the Services and you agree to cooperate with any investigation and attempted resolution of such incident.
You agree that BorisMTax Inc., and its subsidiaries, representatives, affiliates, officers and directors, may contact you by telephone or text messages (including by an automatic telephone dialing system and/or with an artificial or pre-recorded voice or messages) at any of the phone numbers provided by you or on your behalf in connection with a BorisMTax Inc. account including, without limitation, for marketing purposes. You understand that you are not required to provide this consent as a condition of purchasing any goods or services. You also understand that you may opt out of receiving text messages from us at any time by (i) replying “STOP” to any message received from BorisMTax Inc. by your mobile device, or (ii) by emailing us at OPTOUT@BorisMTax.com with “OptOut” in the subject line and your name and the phone number you wish to opt-out from our marketing calls in the body of the email. If you do not choose to opt out, BorisMTax Inc. may contact you as outlined above and/or in the BorisMTax Inc. Privacy Notice located at https://www.borismtax.com/privacy.htm.
Whether or not you opt-out, you acknowledge and agree that BorisMTax Inc. may contact you using any of the phone numbers you provided in connection with your Account (including via text or voice-recorded message) or ay your email address in the case of suspected fraud or unlawful activity or to otherwise assist us in providing the Services to you.
You are aware that BorisMTax Inc. may from time-to-time call you about your Account, any transaction by or between you and BorisMTax Inc., or your use of the Platform, and that, for the purposes of any and all such call(s), you may be subject to call recording. You hereby consent to the recording of any and all such calls, subject to any applicable laws and our restrictions and obligations thereunder including, where permissible, to record the entirety of such calls regardless of whether BorisMTax Inc. asks you on any particular call for consent to record such call. You further acknowledge and agree that, to the extent permitted by applicable law, any such recording(s) may be submitted as evidence in any legal proceeding in which BorisMTax Inc. is a party.
BorisMTax Inc. may, in BorisMTax Inc.’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to BorisMTax Inc. through the Platform and/or Services textual, audio, and/or visual content and information, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to BorisMTax Inc., you grant BorisMTax Inc. a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Platform and/or Services and BorisMTax Inc.’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity. Please note: User Content does not include the confidential documentation and/or information you provide to BorisMTax Inc pursuant to your Service Agreement concerning our provision of accounting, tax planning and/or tax reduction services.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant BorisMTax Inc. the license to the User Content as set forth above; and (ii) neither the User Content, nor your submission, uploading, publishing or otherwise making available of such User Content, nor BorisMTax Inc.’s use of the User Content as permitted herein will infringe, misappropriate or violate a third-party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by BorisMTax Inc. in its sole discretion, whether or not such material may be protected by law. BorisMTax Inc. may, but shall not be obligated to, review, monitor, and remove User Content, at BorisMTax Inc.’s sole discretion and at any time and for any reason, without notice to you.
You agree that you will not submit any confidential ideas, information, or suggestions in any form to BorisMTax Inc. or any of its affiliates. For any ideas, information, or suggestions you do submit, regardless of what your communication regarding your submissions says, you understand that your submissions are voluntary and the following terms shall apply to your submissions: (i) your submissions and their contents will automatically become the property of BorisMTax Inc., without any compensation to you; (ii) BorisMTax Inc. has no obligation to review your submissions; (iii) BorisMTax Inc. may implement and distribute any portion of your submissions and their contents for any purpose in any way, without any compensation to you; and (iv) BorisMTax Inc. has no obligation to keep your submissions confidential.
You are responsible for obtaining the data network access necessary to access or use the Platform and/or Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Platform or Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Platform and any updates thereto. BorisMTax Inc. does not guarantee that the Platform, Services, Applications or any portion thereof, will function on any particular hardware or devices. In addition, the Platform, Services, Applications may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
You understand that use of the Services may result in charges to you for the services or goods you receive from BorisMTax Inc (“Charges”). Charges will include applicable taxes where required by law. All Charges and payments will be enabled by BorisMTax Inc. using the preferred payment method designated in your Account, after which you will receive a receipt. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that BorisMTax Inc. may use a secondary payment method in your Account, if available. Charges paid by you are final and non-refundable, unless otherwise determined by BorisMTax Inc.
As between you and BorisMTax Inc., BorisMTax Inc. reserves the right to establish or adjust Charges for any or all goods or services obtained through the use of the Platform and/or Services at any time. BorisMTax Inc. will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. Certain users may from time to time receive promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. Promotional offers and discounts are subject to change or withdrawal at any time and without notice.
THE LIMITATIONS AND DISCLAIMERS IN THIS SECTION 13 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, BorisMTax Inc.’S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON BorisMTax Inc.’S CHOICE OF LAW PROVISION SET FORTH BELOW.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet, the Website or the Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, MALWARE OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE PLATFORM, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER BorisMTax Inc NOR ANY PERSON ASSOCIATED WITH BorisMTax Inc MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER BorisMTax Inc NOR ANYONE ASSOCIATED WITH BorisMTax Inc REPRESENTS OR WARRANTS THAT THE PLATFORM, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR PLATFORM OR THE SERVER THAT MAKES IT OR ANY PART OF IT AVAILABLE ARE FREE OF VIRUSES, MALWARE OR OTHER HARMFUL COMPONENTS OR THAT THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR ANY PART THEREOF WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
BorisMTax Inc HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
BorisMTax Inc. DOES NOT CONTROL, ENDORSE OR TAKE RESPONSIBILITY FOR ANY USER CONTENT AVAILABLE ON OR LINKED TO BY THE PLATFORM, SERVICES AND/OR APPLICATION.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL BorisMTax Inc, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify and hold harmless BorisMTax Inc, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Platform or any component of the Platform, including, but not limited to, your User Consent, any use of the Platform or Website’s content, services and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Platform and/or Website.
BorisMTax Inc. supports the protection of intellectual property. We have established the following policies for considering trademark and/or copyright infringement claims. To notify BorisMTax Inc. that there has been a copyright or trademark violation, please follow the specific instructions below at (a) for filing a trademark claim, or (b) filing a copyright complaint.
If you (the “Complaining Party”) would like to submit a trademark claim for violation of a mark on which you hold a valid, registered trademark or service mark (registered with the United States Patent and Trademark Office on the Principal Register or, for foreign marks, registered with the appropriate intellectual property organization of your country; state registrations and registrations on the Supplemental Register are not considered valid for these purposes), BorisMTax Inc. requires that the Complaining Party substantiate such claim by providing the information listed below via email to Support@BorisMTax.com. To be considered effective, a notification of a claimed trademark violation must include the following information:
Upon receipt of the appropriate information identified above, for trademark claims, BorisMTax Inc. will initiate an investigation and forward the Complaining Party’s written notification to the alleged infringer. While BorisMTax Inc. is investigating the claim, BorisMTax Inc., at its sole discretion and without any legal obligation to do so, may temporarily remove or deny access to the allegedly infringing material from the Platform and/or notify the alleged infringer.
If BorisMTax Inc. concludes that the Complaining Party has raised a legitimate trademark claim, it may, at its sole discretion and without any legal obligation to do so, permanently remove the challenged material from the Platform and/or suspend or permanently revoke the alleged infringer’s BorisMTax Inc. account. If BorisMTax Inc. concludes that the Complaining Party has not raised a legitimate claim, BorisMTax Inc. will restore access to the allegedly infringing material.
Claims of copyright infringement should be sent to BorisMTax Inc.’s designated agent. Please visit BorisMTax Inc.’s web page at https://www.BORISMTAXINC.com/copyrightpolicy for the designated address and additional information.
PLEASE READ THIS SECTION CAREFULLY. FOLLOW THE INSTRUCTIONS BELOW IF YOU WISH TO OPT OUT OF THE PROVISIONS REQUIRING YOU TO RESOLVE DISPUTES THROUGH INDIVIDUAL ARBITRATION.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
The terms of this Section shall apply to all Disputes between you and BorisMTax Inc. For the purposes of these Terms of Use, “Dispute” shall mean any dispute, claim, or action between you and BorisMTax Inc. arising under or relating to these Terms, the Platform, Website, Services and/or Applications, any other services or goods provided by or through BorisMTax Inc and/or the Platform, and/or any other transaction involving you and BorisMTax Inc., whether in contract, warranty, misrepresentation, fraud, tort, intentional tort, statute, regulation, ordinance, or any other legal or equitable basis, and shall be interpreted to be given the broadest meaning allowable under applicable law. Excluded from the definition of “Dispute” is any claim or cause of action for (i) trade secret misappropriation, (ii) patent infringement, (iii) copyright infringement or misuse, or (iv) trademark infringement or dilution.
The Platform, these Terms of Use, and any Dispute shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).
In the event of a Dispute, you or BorisMTax Inc. must first send to the other party a notice of the Dispute that shall include a written statement that sets forth the name, address and contact information of the party giving it, the facts giving rise to the Dispute, and the relief requested (the “Dispute Notice”). The Dispute Notice to BorisMTax Inc. must be delivered by United States Postal Service, Certified Mail, Return Receipt Requests, postage prepaid and addressed to the BorisMTax Inc. Notice Address (defined below) with a copy (such copy not to constitute proper notice) sent by email to: support@BorisMTax.com with “DISPUTE NOTICE” in the subject line. Any Dispute Notice sent by BorisMTax Inc. to you will be sent to the most recent physical mailing address and/or email address (if any) that we have on file or otherwise in our records for you. If BorisMTax Inc. and you do not reach an agreement to resolve the Dispute within sixty (60) days after the Dispute Notice is received, you or BorisMTax Inc. may commence an arbitration proceeding pursuant to this Section. Following submission and receipt of the Dispute Notice, each of us agrees to act in good faith to seek to resolve the Dispute before commencing arbitration.
ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JUDGE OR JURY IN A COURT PROCEEDING AND YOUR GROUNDS FOR APPEAL ARE LIMITED.
You and BorisMTax Inc agree: (i) to arbitrate all Disputes between the parties pursuant to the provisions in these Terms; (ii) these Terms memorialize a transaction in interstate commerce; and (iii) this Section shall survive termination of these Terms. The arbitration shall be conducted by the American Arbitration Association in accordance with the Rules (defined below) except as otherwise provided in these Terms. The arbitrator may award you the same damages as a court sitting in proper jurisdiction, as limited by the Limitation of Liability set forth in Section 13 of these Terms and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. In addition, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. The decision of the arbitrator shall be final and enforceable by any court with jurisdiction over the parties.
YOU AND BorisMTax Inc. AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING INCLUDING, WITHOUT LIMITATION, FEDERAL OR STATE CLASS ACTIONS OR CLASS ARBITRATIONS. NEITHER YOU NOR BorisMTax Inc. WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. NO ARBITRATION OR OTHER PROCEEDING WILL BE COMBINED WITH ANOTHER WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES TO ALL AFFECTED ARBITRATIONS OR OTHER LEGAL PROCEEDINGS.
If a party elects to commence arbitration, the arbitration will be administered by the American Arbitration Association (“AAA”) and governed by the Consumer Arbitration Rules of the AAA (“Rules”) in a manner not inconsistent with these Terms and provided that AAA may not administer any multiple claimant or class arbitration, as the parties agree that the arbitration shall be limited to the resolution only of individual claims. The Rules may be accessed at www.adr.org. If there is a conflict between the Rules and these Terms, these Terms shall govern. You may, in arbitration, seek any and all remedies otherwise available to you pursuant to applicable law and as limited by the Limitation of Liability set forth in Section 13 of this Agreement. All Disputes shall be resolved by a single neutral arbitrator, and both parties shall have a reasonable opportunity to participate in the selection of the arbitrator provided, however, that the AAA shall select an arbitrator if the parties are unable to mutually select an arbitrator within 30 days of the filing of an arbitration claim. The arbitrator is bound by these Terms. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to, any claim that all or any part of these Terms is void or voidable. The arbitrator shall also have exclusive authority to rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or validity of the arbitration agreement or to the arbitrability of any claim or counterclaim. Notwithstanding this broad delegation of authority to the arbitrator, a court may determine the limited question of whether a claim or cause of action is for (i) trade secret misappropriation, (ii) patent infringement, (iii) copyright infringement or misuse, or (iv) trademark infringement or dilution, which are excluded from the definition of “Disputes” as stated above. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. You may choose to engage in arbitration hearings by telephone or videoconference. Arbitration hearings not conducted by telephone or videoconference shall take place in Queens County, State of New York.
BorisMTax Inc. and you agree that any controversy excluded from the dispute resolution procedure and class action waiver provisions in this Section shall be filed only in the state courts sitting in Queens County, New Tork, or the United States District Court for the Eastern District of New York (E.D.N.Y.), and each party hereby irrevocably and unconditionally consents and submits to the exclusive jurisdiction of such courts for any such controversy.
WAIVER OF JURY TRIAL.
EACH PARTY HERETO HEREBY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO A DISPUTE (AS DEFINED ABOVE). EACH PARTY HERETO (A) CERTIFIES THAT NO REPRESENTATIVE, AGENT OR ATTORNEY OF ANY OTHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PARTY WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE THE FOREGOING WAIVER AND (B) ACKNOWLEDGES THAT IT AND THE OTHER PARTIES HERETO HAVE BEEN INDUCED TO ENTER INTO THIS AGREEMENT BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION.
BorisMTax Inc. may give notice by means of a general notice on or through the Platform, Services and/or Application, electronic mail to the email address associated with your Account, telephone or text message to any phone number provided in connection with your account, or by written communication sent by first class mail or pre-paid post to any address connected with your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or at the time of sending (if sent by email, telephone, text message or on or through the Platform, Services or Application). You may give notice to BorisMTax Inc., with such notice deemed given when received by BorisMTax Inc., at any time by first class mail or pre-paid post to our registered agent for service of process, c/o BorisMTax Inc. to: BorisMTax Inc, ATTN: Legal Department, 97-77 Queens Blvd STE 1102, Forest Hills, NY 11375 (the “BorisMTax Inc Notice Address”). If another provision of these Terms addresses any specific notice (for example, notice of updates to these Terms, notice of a dispute or arbitration demand, or copyright or trademark infringement notice), those specific notice provisions shall prevail to the extent there is any conflict or inconsistency between those provisions and this notice provision.
BorisMTax Inc. makes no representation or warranty that the content, goods or services available on or through the Platform are appropriate in every country or jurisdiction, and access to the Platform from countries or jurisdictions where its content, goods or services is illegal is prohibited. Users who choose to access the Platform are responsible for compliance with all local laws, rules and regulations.
BorisMTax Inc. reserves the right, in its sole discretion, to terminate your use of, and access to, the Platform or any part thereof, at any time, for any reason, with or without notice. Without limiting any of the rights set forth elsewhere in this Agreement, BorisMTax Inc. expressly reserves the right to deny, cancel, terminate, suspend, or limit future access to the Platform, or any part thereof, to any User (i) whose Account or Services were previously terminated or suspended, whether due to breach of this or any other agreement or any BorisMTax Inc. policy or guidelines, or (ii) who otherwise engages or has engaged in inappropriate or unlawful activity while utilizing the Platform (as determined by BorisMTax Inc. in its sole and absolute discretion). If your account activity shows signs of fraud, abuse or suspicious activity, BorisMTax Inc. may cancel any Service associated with your name, email address or account and close any associated Accounts. If BorisMTax Inc., in its sole discretion, determines that any conducted activity is fraudulent, BorisMTax Inc. reserves the right to take any necessary legal action, and you may be liable for monetary losses to BorisMTax Inc. including litigation costs and damages.
If the Platform contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked from the Platform, you do so entirely at your own risk and subject to the terms and conditions and privacy policies of use for such websites.
The Platform and all features contained thereon or therein, are controlled and offered by BorisMTax Inc. from or through our offices in the State of New York in the United States of America. We make no representations that the Platform or features thereon or therein are appropriate or available for use in other jurisdictions. If you access or use the Platform from outside the United States of America, you do so on your own initiative and are responsible for compliance with local laws.
Any rights not expressly granted herein are reserved.
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