Terms of Service

Acceptance of Terms

A Francis and Associates Inc (“AFA”, “us”, “we”, or “our”) operates the website at www.francistax.com, mobile applications, membership, tax related products and events (the “Service”).

It is your obligation to read this user agreement carefully before using the Service. By accessing this Service or using any part of the Service or any content or services on the Service, you agree to be bound by these terms and conditions. If you do not agree to all terms and conditions, then you may not access the Service or use the content or any services in the Service.

Modifications of User Agreement

A Francis and Associates Inc reserves the right, at its sole discretion, to modify or replace the User Agreement at any time. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Service by you following such modification constitutes your acceptance of the terms and conditions of the User Agreement as modified.

Your Registration Obligations

As a condition to using the Service, you are required to register with the Service and select a password and username (“User Name”), collectively known as your (“Account”). You shall provide the Service with accurate, complete, and updated registration information. You shall also refrain from creating multiple Accounts. Failure to do so shall constitute a breach of the User Agreement, which may result in immediate termination of your Account. You may not (i) select or use as a Username a name of another person with the intent to impersonate that person; (ii) use as an User Name a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as an User Name a name that is otherwise offensive, vulgar or obscene. A Francis and Associates Inc reserves the right to refuse registration of or cancel an Account at its discretion. You shall be responsible for maintaining the confidentiality of your password.

User Conduct

As a condition of use, you promise not to use the Service for any purpose that is unlawful or prohibited by this User Agreement, or any other purpose not reasonably intended by AFA.

By way of example, and not as a limitation, you agree not to use the Service:

to abuse, harass, threaten, impersonate or intimidate other Service users; to contribute any Content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive or otherwise violates any law or right of any third party; to participate in or encourage any agreement that either expressly or impliedly leads to price fixing, a boycott of another’s business, or other conduct intended to illegally restrict free trade. Communications that encourage or facilitate an agreement about the following subjects are inappropriate: prices, discounts, or terms or conditions of sale; salaries; profits, profit margins, or cost data; market shares, sales territories, or markets; allocation of customers or territories; or selection, rejection, or termination of customers or suppliers; for any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content; to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Service user; to create or submit unwanted email (“Spam”) to any other Service users or any URL; to violate any laws in your jurisdiction (including but not limited to copyright laws); to submit links or comments linking to affiliate programs, multi-level marketing schemes, or sites; with the exception of accessing RSS feeds, you will not use any robot, spider, scraper or other automated means to access the Service for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; or (iii) bypass any measures we may use to prevent or restrict access to the Service; with the intention of artificially inflating or altering the ‘reputation score’, comments, or any other part of the service, including by way of creating separate user accounts for the purpose of artificially altering services; giving or receiving money or other remuneration in exchange for votes; or participating in any other organized effort that in any way artificially alters the results of the Service.

AFA may remove any Content and/or Account at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or Account), or for no reason at all. Our privacy policy can be reviewed at https://francistax.com/privacy/. Our cookie policy can be reviewed at https://francistax.com/opt-out-preferences/

Indemnity

You will indemnify and hold harmless AFA, its subsidiaries, affiliates, customers, vendors, directors, officers, employees, and agents from any liability, damage or cost (including reasonable attorneys’ fees and costs) from (i) any claim or demand made by any third party due to or arising out of your access to the Service, use of the Services, violation of the User Agreement by you, or the infringement by you, or any third party using your Account of any intellectual property or other right of any person or entity.

Warranty Disclaimers

You acknowledge that AFA has no control over, and no duty to take any action regarding: which users gain access to the Service; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take because of having been exposed to the Content. You release AFA from all liability for you having acquired or not acquired Content through the Service. The Service may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. AFA makes no representations concerning any content contained in or accessed through the Service, and AFA will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Service. THE SERVICE, CONTENT, AND SITE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Links

The Service may provide, or third parties may provide, links to other Internet sites or resources. Because AFA has no control over such sites and resources, you acknowledge and agree that AFA is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that AFA shall not be responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

Limitation of Liability

IN NO EVENT SHALL AFA OR ITS SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) WITH RESPECT TO THE SITE, THE SERVICE OR ANY CONTENT FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH CASES NATP’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Termination

AFA may terminate or suspend all Services and your Service account immediately, without prior notice or liability, if you breach any of the terms or conditions of the User Agreement. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your Service account, you may simply discontinue using the Services. All provisions of the User Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Choice of Law and Venue

You agree that the law of the State of Wisconsin in the United States of America will apply to all matters relating to this Agreement and to the Service. In addition, you agree and consent that, if there is ever any legal action against AFA, the state courts located in New York, New York.

Research Articles & Publications Disclaimer

The information is applicable only for the facts and circumstances as presented at the time of publication and cannot be used as a precedent for any position for which the facts vary.

SMS

When you opt-in the SMS service, we will send you an SMS message to confirm your signup. This service is used to send you notifications about changes to scheduled events you have committed to attend. You can cancel the SMS service at any time. Just text the reply “STOP” to any message. For help, you can contact Member Services by texting “HELP” or calling 212-262-2262, we will respond with instructions on how to use the service as well as how to unsubscribe. Carriers are not liable for delayed or undelivered messages. Message and data rates may apply for any messages sent to you from us and to us from you. If you have questions about your text plan or data plan, it is best to contact your wireless provider. For all questions about the services provided by this SMS service, you can send an email to info@francistax.com. If you have any questions regarding privacy, see the AFA privacy policy.

Classified Ads

By submitting an ad, the submitter shall be responsible for the accuracy, timeliness, completeness, and request for removal of any submissions. Advertisements may not transfer or assign for any reason any products or services or rights to any products or services. AFA reserves the right to disallow, deny or remove advertisements at any time for any reason and retain payment for the time of posting. AFA assumes no responsibility or liability and does not endorse any candidate applying for a tax position. AFA assumes no responsibility or liability or involvement or endorsement of any practices for sale. By submitting an advertisement, you agree to hold harmless AFA from any claims, damages or losses incurred because of an ad submission. AFA reserves the right to edit all advertisements for grammatical and styling that matches the AFA brand guidelines. No advertisement submitted shall reflect, imply, or contribute to any discriminatory actions, practices or improper bias. By submitting an ad, you take sole responsibility to assure that the content is true and accurate and conforms to all applicable laws, standards, and regulations. Advertisements submitted must be in compliance with all applicable federal, state, and local laws. AFA promotes equal employment laws and prohibits discrimination and harassment of any kind.

Privacy