The Tax Office of
Michael Hogberg

Terms of Use

 

Welcome to The Tax Office of Michael Hogberg through www.HogbergTax.com (“Company,” “we,” “our,” or “us”). These Terms of Use (“Terms”) govern your access to and use of our website, products, and services (collectively, the “Services”). By accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms or our Privacy Policy, you may not use the Services.

 

Use of Services

Eligibility: To access and use our Services, you must be at least 18 years old and capable of forming a legally binding contract under applicable laws. By accessing or using the Services, you represent and warrant that you meet these eligibility requirements.

Our services are intended only for individuals and entities located within the United States of America and its possessions, territories, and areas under its federal jurisdiction, excluding the State of New York (“U.S.”). By accessing or using our services, you represent and warrant that you are located within the U.S. and that you will not use our services from outside the U.S. either directly, through an Internet Service Provider, through a Virtual Private Network, or my any other means.

We make no representation that our services are appropriate or available for use outside the U.S. Accessing our services from territories where their content is illegal is prohibited. If you choose to access our services from outside the U.S., you do so at your own risk and are responsible for compliance with local laws.

Furthermore, certain features or functionalities of our services may be tailored to comply with U.S. laws and regulations. We make no representation or warranty that such features or functionalities will be suitable or compliant with the laws or regulations of other jurisdictions.

We reserve the right to limit or restrict access to our services to individuals or entities located within the U.S. and to refuse service to anyone at any time, without prior notice or liability.

Account Registration: Some features of the Services may require you to create an account. When creating an account, you agree to provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

User Content: You may have the opportunity to submit, post, or upload content, including but not limited to text, images, videos, and other materials (“User Content”) through the Services. By submitting User Content, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content in connection with the Services.

You represent and warrant that:

  • You own or have the necessary rights, licenses, and permissions to use and authorize us to use the User Content as contemplated under these Terms.
  • The User Content does not infringe or violate the intellectual property rights, privacy rights, publicity rights, or other rights of any third party.
  • The User Content complies with all applicable laws, regulations, and guidelines.

We reserve the right to remove or refuse to post any User Content that we deem objectionable, in violation of these Terms, or otherwise inappropriate.

Prohibited Uses: You agree not to use the Services for any unlawful or prohibited purpose, including but not limited to:

  • Violating any applicable laws, regulations, or third-party rights.
  • Interfering with or disrupting the operation or security of the Services or any networks connected to the Services.
  • Impersonating any person or entity or falsely stating or misrepresenting your affiliation with any person or entity.
  • Collecting or harvesting any personal information of other users.
  • Uploading, posting, transmitting, or distributing any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable.

Monitoring and Enforcement: We reserve the right to monitor your use of the Services and to investigate any suspected violations of these Terms. We may take appropriate legal action, including but not limited to removing or disabling access to any User Content, terminating your account, or reporting any unlawful activity to law enforcement authorities.

Termination: We reserve the right to suspend or terminate your access to the Services at any time, for any reason or no reason, without prior notice or liability. Upon termination, all rights granted to you under these Terms will cease, and you must immediately cease all use of the Services.

Intellectual Property Rights

Ownership: All content, features, and functionality available through the Services, including text, graphics, logos, images, audio clips, video clips, software, and other materials (“Content”), are owned by The Tax Office of Michael Hogberg or its licensors and are protected by intellectual property laws, including copyright, trademark, patent, and trade secret laws. The Company reserves all rights not expressly granted in and to the Services and Content.

Limited License: Subject to these Terms, the Company grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services and Content for your personal or internal business purposes. This license does not include the right to reproduce, distribute, display, perform, modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Services or Content.

Trademarks: The trademarks, service marks, logos, and trade names displayed on or through the Services (collectively, the “Trademarks”) are the registered and unregistered trademarks of the Company and its licensors. You may not use the Trademarks without the prior written consent of the Company or the respective trademark owner.

User Contributions: By submitting, posting, or uploading any User Content through the Services, you grant the Company a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content in connection with the Services. You represent and warrant that you own or have the necessary rights, licenses, and permissions to use and authorize us to use the User Content as contemplated under these Terms.

Provider Use of Client Comments and Reviews: In the course of business, the Company receives feedback, comments, and reviews from its clients. We may publish these on marketing materials, including this website. The Company ensures that the essence and content of such feedback are accurately represented. However, to protect client identity and privacy, we reserve the right to anonymize or remove any client-specific or personally identifying information. This may involve using pseudonyms or other masking techniques.

Copyright Infringement: The Company respects the intellectual property rights of others and expects users of the Services to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify us in accordance with our Copyright Policy.

Feedback: If you provide the Company with any feedback, suggestions, or ideas regarding the Services or Content (“Feedback”), you hereby grant the Company a perpetual, irrevocable, worldwide, royalty-free, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, distribute, and display such Feedback for any purpose without compensation or attribution.

Enforcement: The Company reserves the right to enforce its intellectual property rights to the fullest extent permitted by law. Any unauthorized use of the Services or Content may violate copyright, trademark, and other applicable laws and may result in civil and criminal penalties.

Contact Us: If you have any questions or concerns about these Intellectual Property Rights or our use of intellectual property, please contact us at using our provided information.

Disruption of Services

While we strive to provide uninterrupted access to our Services, you acknowledge and agree that from time to time, the Services may be unavailable, delayed, or disrupted due to various factors beyond our control, including but not limited to:

  1. Scheduled maintenance or upgrades.
  2. System or network failures.
  3. Force majeure events, including acts of God, natural disasters, pandemics, strikes, labor disputes, or governmental actions.
  4. Technical or operational issues.

In the event of any disruption to the Services, The Tax Office of Michael Hogberg will make reasonable efforts to restore service as soon as practicable. However, we make no representations or warranties regarding the availability, reliability, or timeliness of the Services and shall not be liable for any loss or damage arising from or related to any disruption of the Services.

You agree that The Tax Office of Michael Hogberg shall not be liable to you or any third party for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or in connection with any disruption of the Services, regardless of the cause of such disruption.

We reserve the right to suspend, terminate, or modify the Services or any part thereof at any time, with or without notice, for any reason or no reason, without liability to you or any third party.

Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.


Limitation of Liability

In no event shall The Tax Office of Michael Hogberg, its officers, directors, employees, agents, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, arising out of or in connection with your use of the Services or any Content therein. This includes, but is not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, even if The Tax Office of Michael Hogberg has been advised of the possibility of such damages.

Under no circumstances shall The Tax Office of Michael Hogberg be liable for any direct damages in excess of the total amount paid by you for the Services during the three (3) month period immediately preceding the event giving rise to the liability.

You acknowledge and agree that the limitations of liability set forth in these Terms are reasonable and reflect the allocation of risk between the parties. You expressly agree that The Tax Office of Michael Hogberg’s total liability to you for any and all claims arising out of or related to these Terms or the Services shall not exceed the amounts paid by you to The Tax Office of Michael Hogberg during the twelve (12) month period immediately preceding the event giving rise to such claims.

Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply to you. In such jurisdictions, The Tax Office of Michael Hogberg’s liability shall be limited to the fullest extent permitted by law.

You agree that the foregoing limitations of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction, regardless of the form of action, whether in contract, tort (including negligence), strict liability, or otherwise, and regardless of whether such damages were foreseeable or unforeseeable.

If you are dissatisfied with the Services or any Content therein, or with any of these Terms, your sole and exclusive remedy is to discontinue using the Services.


Governing Law

These Terms and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims) shall exclusively be governed by and construed in accordance with the laws of the State of Indiana, without regard to its conflict of law provisions.

Dispute Resolution

If a dispute arises from or relates to this contract or the breach thereof, and if the dispute cannot be settled through direct discussions, the parties agree to endeavor first to settle the dispute by mediation administered by the American Arbitration Association (AAA) under its Commercial Mediation Procedures before resorting to arbitration.

Arbitration: The parties further agree that any unresolved controversy or claim arising out of or relating to this contract, or breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

Location and Governing Law: The place of arbitration shall exclusively be within Hamilton County, Indiana, and the arbitration shall be exclusively governed by the laws of the State of Indiana.

Dispute Amount: If the dispute is less than $100,000.00, there shall be no discovery other than the exchange of documents. If the dispute is equal to or over $100,000.00, discovery shall consist of no more than two depositions of sixty minutes or less.

Electronic Information Exchange: In making determinations regarding the scope of exchange of electronic information, the arbitrator(s) and the parties agree to be guided by The Sedona Principles, Third Edition: Best Practices, Recommendations & Principles for Addressing Electronic Document Production.

Arbitration Procedure: The arbitration will be based on the submission of documents, and there shall be no in-person or oral hearing. Time is of the essence for any arbitration under this agreement, and arbitration hearings shall take place within ninety days of filing, with awards rendered within 120 days. Arbitrator(s) shall agree to these limits prior to accepting appointment.

Damages: The arbitrators will have no authority to award punitive or other damages not measured by the prevailing party’s actual damages, except as may be required by statute.

Confidentiality: Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.

Waiver: The parties agree that failure or refusal of a party to pay its required share of the deposits for arbitrator compensation or administrative charges shall constitute a waiver by that party to present evidence or cross-examine witnesses. In such event, the other party shall be required to present evidence and legal argument as the arbitrator(s) may require for the making of an award. Such waiver shall not allow for a default judgment against the non-paying party in the absence of evidence presented as provided for above.

Indemnification, Hold Harmless, and Defend

You agree to indemnify, defend, and hold harmless The Tax Office of Michael Hogberg, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys’ fees) arising out of or relating to:

  1. Your use of the Services or any Content therein.
  2. Your violation of these Terms or any applicable laws or regulations.
  3. Your violation of any rights of any third party, including but not limited to intellectual property rights, privacy rights, or publicity rights.
  4. Any User Content you submit, post, or upload through the Services.
  5. Any act or omission by you that causes harm to any third party.

You agree to promptly notify The Tax Office of Michael Hogberg of any such claim and to cooperate fully in the defense of any such claim. The Tax Office of Michael Hogberg reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to reasonably assist and cooperate with The Tax Office of Michael Hogberg in asserting any available defenses.

This indemnification, hold harmless, and defend obligation shall survive the termination or expiration of these Terms and your use of the Services.

Changes to Terms

The Company reserves the right to modify or revise these Terms at any time, in its sole discretion. Any changes to these Terms will be effective immediately upon posting the revised version on the Services. No other notice will be provided. By continuing to use the Services after any such changes, you agree to be bound by the revised Terms.

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and the Company regarding your use of the Services and supersede all prior or contemporaneous agreements, representations, and understandings, whether oral or written.