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Terms of Service

Revised: December 2023

ACCEPTANCE OF TERMS; SCOPE

Voce Ventures, Inc. (dba Home Tax Shield) (“Home Tax Shield”) provides technology-enabled services, including the service offerings branded as Home Tax Shield and Home Title Monitoring, the website at https://www.hometaxshield.com, any Mobile Apps (as defined below), and other related software, content, functionalities, and services, including all versions and upgrades thereto (collectively, the “Services).  Your use of the Services is subject to and governed by the terms and conditions in this Terms of Service (“TOS”). Home Tax Shield may, at its discretion, update this TOS at any time. You can access and review the most current version of this TOS at the URL for this page or by clicking on the “Terms of Service” link within the Services, or as otherwise made available by Home Tax Shield.

PLEASE REVIEW THIS TOS CAREFULLY. BY REGISTERING FOR AN ACCOUNT OR OTHERWISE ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THIS TOS, INCLUDING ANY UPDATES OR REVISIONS POSTED HERE OR OTHERWISE COMMUNICATED TO YOU. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS TOS, YOU MAY NOT ACCESS OR USE THE SERVICES.

THIS TOS REQUIRES FINAL AND BINDING ARBITRATION TO RESOLVE ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING IN ANY WAY TO THIS TOS, OR YOUR ACCESS TO OR USE OF THE SERVICES, INCLUDING THE VALIDITY, APPLICABILITY OR INTERPRETATION OF THIS TOS, AND YOU AGREE THAT ANY SUCH CLAIM WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION, ARBITRATION OR OTHER SIMILAR PROCESS. PLEASE REVIEW THE SECTION TITLED “BINDING ARBITRATION AND CLASS ACTION WAIVER”CAREFULLY TO UNDERSTAND YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO THE RESOLUTION OF ANY CLAIM.

You represent and warrant that you: (a) are of legal age to form a binding contract; (b) are the owner or other agent/manager who has the right, authority, and capacity to agree to and abide by this TOS for yourself or the property owner; and (c) are not a person barred from using the Services under the laws of any applicable jurisdiction. THE SERVICES ARE NOT INTENDED FOR USERS THAT ARE CONSIDERED MINORS IN THE JURISDICTION IN WHICH SUCH USER RESIDES (GENERALLY UNDER THE AGE OF 18(, AND SUCH USERS ARE EXPRESSLY PROHIBITED FROM SUBMITTING ANY PERSONAL DATA OR USING ANY ASPECT OF THE SERVICES, AND BY TAKING SUCH ACTIONS YOU AGREE, REPRESENT, AND WARRANT THAT YOU ARE NOT A MINOR.

THE SCOPE OF THIS TOS INCLUDES THE REPRESENTATION OF YOUR PROPERTY AT THE (A) APPRAISAL DISTRICT INFORMAL PROTEST PROCESS AND APPRAISAL BOARD FORMAL HEARING PROTEST PROCESS TO DETERMINE THE ANNUAL APPRAISED VALUE, (B) AN APPEAL TO THE DISTRICT COURT, AS DETERMINED IN HOME TAX SHIELD’S SOLE DISCRETION, AND (C) THE SERVICES APPLICALE TO YOUR SUBSCRIBTION PACKAGES AS DESCRIBED IN MORE DETAIL BELOW.

RIGHTS

  • Grant. Subject to and conditioned on your compliance with this TOS, Home Tax Shield hereby grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable license solely to use the Services only for your personal, non-commercial use to subscribe to the Services. Your access to and use of the Services must further comply in all material respects with all usage guidelines posted by Home Tax Shield.  Unless you are a subscriber whose subscription level includes Texas-based phone support, Home Tax Shield only provides customer support through the functionality and FAQs within the Service or online chat.  Unless you are a subscriber whose subscription level includes Texas-based phone support, Home Tax Shield does not provide a phone number for customer support.  Subscribers whose subscription level includes Texas-based phone support may contact our support team between the hours of [INSERT] am and [INSERT] pm Central Time, Monday – Friday, excepting federal or state holidays.
  • Trademarks.  You may not use the Home Tax Shield names, brands, trademarks, service marks and logos that Home Tax Shield makes available on the Services (“Marks”). Home Tax Shield claims trademark protection over all such Marks and you will not use the Marks except as expressly authorized herein. You will not remove or alter the Marks or any proprietary notices on the Services. The Marks may not be included in or as part of any registered corporate name, any other logo, or service or product name.  You may not create any derivative works of the Marks or use the Marks in a manner that creates or reasonably implies an inaccurate sense of endorsement, sponsorship, or association with Home Tax Shield.  You will not otherwise use business names or logos in a manner that can mislead, confuse, or deceive any third party. All use of the Marks and all goodwill arising out of such use, will inure to Home Tax Shield’s benefit.

AUTHORITY

You hereby authorize Home Tax Shield to select a qualified property tax consultant to act on your behalf in property tax matters for any purpose under the Texas Property Tax Code relating to your property and to sign forms (including without limitation the Texas Form 50-162 – Appointment of Agent for Property Tax Matters) and receive data necessary to carry out Home Tax Shield’s duties under this TOS.  You authorize and hereby approve (a) the property tax consultant selected by Home Tax Shield, upon research and review of the evidence, to file, negotiate, settle and/or withdraw a protest at any time if the consultant deems that the evidence does not indicate a reduction is achievable and/or (b) any legal counsel selected by Home Tax Shield upon research and review of the evidence, to file an appeal with the applicable District Court in your jurisdiction and/or withdraw or settle such appeal if the legal counsel deems withdrawal or settlement appropriate, in such legal counsel’s discretion and you, upon request of Home Tax Shield, cooperate in all reasonable respects with Home Tax Shield and such legal counsel in the investigation and trial of such lawsuit or action and any appeal arising therefrom.  Home Tax Shield does not guarantee a reduction in taxes as a result of the protest process.  You will assist Home Tax Shield in all reasonable respects.  You acknowledge and agree that (x) you will not be permitted to attend any informal hearings regarding your property; (y) we may represent you at any formal hearing (i) in person; (ii) via teleconference or video conference; (iii) by affidavit; or (iv) by any other means permitted by the applicable county; and (z) Home Tax Shield in its sole discretion may or may not pursue a 25.25 protest, arbitration or litigation with respect to any applicable property (collectively, “Additional Protest Options” and that such Additional Protest Options are not part of the Services, unless otherwise agreed to in writing by you and Home Tax Shield.

REGISTRATION; SUBSCRIPTION PLANS; ELECTRONIC COMMUNICATIONS

  • To access and use the Services, you will need to register for a Home Tax Shield account. By creating an account, you agree to (a) provide accurate, current and complete account information, (b) maintain and promptly update, as necessary, your account information, and (c) immediately notify us if you discover or otherwise suspect any security breaches related to the Service or your account. You further understand and agree that Home Tax Shield may take actions Home Tax Shield deems necessary to prevent, respond to, pursue or remedy suspected or actual fraud and abuse, including without limitation, termination or suspension of your account.  You may not share your account or password with anyone. You are fully responsible for all activities that occur under your account. You agree to notify Home Tax Shield immediately of any unauthorized use of your account or password or any other similar breach of security.
  • By creating a Home Tax Shield account, you also consent to receive electronic communications from Home Tax Shield, including through chat, email, SMS, text, messenger, or by posting notices through the Service. These communications may include notices about your account, such as subscription period lapse, home title alerts, exemption alerts, and other transactional information. You agree that any notices, agreements, disclosures or other communications that Home Tax Shield sends to you electronically will satisfy any legal communication or notice requirements, including, but not limited to, that such communications be in writing. You should maintain copies of all electronic communications you receive from Home Tax Shield. Home Tax Shield may also send you promotional communications by email, SMS, text or messenger that Home Tax Shield thinks will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided in such email, SMS, text or messenger communication. You may opt out of marketing and promotional calls or messages by following the applicable unsubscribe instructions provided to you. Following such opt out, you may continue to receive messages for a short period of time while Home Tax Shield processes your request.
  • When you register an account and/or add to your account an address to title and/or exemption monitoring, reclamation and/or support, you will be asked to select the subscription plan applicable to such property.

TITLE MONITORING & TITLE RECLAMATION SERVICES

Title monitoring and title reclamation services only apply if you have a subscription with Home Tax Shield that includes such feature(s).  Upon your receipt of a “document alert notification” from Home Tax Shield, which is based on Third Party Materials (see section titled “Dealings with Advertisers and Other Third Parties” below), you should immediately access your account to examine the notification to determine if there was an unapproved attack on title or if you recognize a title transaction as authorized and legitimate. Since this process is managed automatically by our proprietary software and relies on Third Party Materials, it is imperative that you act diligently and immediately upon receiving a the title alert notification and that you contact our team of resolution experts with notification of an unauthorized recording on your title. If the new filing is the result of an action by your relative, you will be informed that the issue needs to be addressed directly between you and that person or entity. You understand that Home Tax Shield does not have any legal standing in the process of directly assessing or curing the title documents at issue and that we cannot guarantee results. However, if your subscription level includes title reclamation services, Home Tax Shield will provide applicable subscribers assistance through the process with Home Tax Shield’s experienced personnel to access and complete the necessary forms and to help you restore your title as intended, up to a certain level of expenditures as solely determined by Home Tax Shield. In certain instances, a title alert notification is caused by improper indexing, filing errors or typos during the filing process and may not be too complicated to resolve. In other instances, there may be complications that require Home Tax Shield to retain real estate attorneys on your behalf. As noted above, Home Tax Shield cannot commit to provide unlimited access to real estate attorneys, Home Tax Shield frequently makes available to subscribers, whose subscription level includes title reclamation services, at no additional cost, real estate attorneys and other consultants who can help such Premium Subscriber restore your title. Upon the completion of the process, the title will be returned to its original state and you will receive a new “title alert notification” reflecting the restoration result. FOR CLARITY, YOU SHOULD OBTAIN TITLE INSURANCE AND HOME TAX SHIELD’S HOME TITLE MONITORING IS NOT AN INSURANCE PRODUCT.

EXEMPTION MONITORING; EXEMPTION APPLICATION SUPPORT

Exemption monitoring and exemption application support only apply if you have a subscription with Home Tax Shield that includes such feature(s).  Upon your receipt of a “exemption alert notification” from Home Tax Shield, which is based on Third Party Materials (see section titled “Dealings with Advertisers and Other Third Parties” below), you should immediately access your account to determine if there was an improper removal of an applicable tax exemption related to the monitored property. For clarity, the exemption monitoring service provided by Home Tax Shield only applies to the following three (3) exemptions: (a) homestead, (b) over 65 and (c) agriculture/wildlife.  This exemption monitoring service may apply up to two times per calendar year, but is subject to Third Party Materials, and will provide the appliable subscriber whose subscription level includes exemption monitoring with a “yes” or “no” for the applicable tax exemption monitored along with the date such exemption was last checked and/or verified.  Since this process is managed automatically by our proprietary software and relies on Third Party Materials, it is imperative that you act diligently and immediately upon receiving an exemption alert notification and that you contact our team of resolution experts with notification of improper removal of an applicable tax exemption related to the monitored property. You understand that Home Tax Shield cannot guarantee results. However, Home Tax Shield will provide subscribers, whose subscription level includes exemption application support, assistance through the process with Home Tax Shield’s experienced personnel to access and complete the necessary forms and to submit an exemption related to (a) homestead and (b) over 65 only, up to a certain level of expenditures as solely determined by Home Tax Shield. For clarity, such tax exemption application support does not apply to the agriculture/wildlife or any other exemption to which you may be entitled.

CUSTOMER DATA; CUSTOMER RESPONSIBILITIES

  • Customer Data Processing. For the purpose of this TOS, “Your Data” means the raw data you upload or submit to Home Tax Shield and the resulting data from the processing of such raw data using the Services.  Home Tax Shield shall process and use any personal data that Customer provides in accordance with the Home Tax Shield Privacy Policy as set forth in Section titled “Privacy Policy”.  Home Tax Shield will maintain a security program materially in accordance with industry standards that are designed to protect the security, confidentiality and integrity of Your Data. You hereby grant Home Tax Shield a perpetual, irrevocable, non-exclusive, royalty-free, paid-up, worldwide, sublicensable license to use, access, transmit, host, store, and display Your Data solely for the purpose of providing and improving the Services, including rights to extract, compile, aggregate, synthesize, use, and otherwise analyze all or any portion of Your Data. Home Tax Shield may use, publish, share, distribute, or disclose Your Data on an aggregate basis or in a de-identified manner that does not allow personal data about you to be separated from the aggregate data and identified as originating from you.
  • Data Warranty and Obligations.  You represent, warrant and agree that you have all rights to provide Your Data and other materials that you provide or make available to Home Tax Shield. You acknowledge and agree that you are solely responsible for all Your Data and for your conduct while using the Services. You acknowledge and agree that: (i) you will evaluate and bear all risks associated with your use and distribution of all Your Data; (ii) you are responsible for protecting and backing up Your Data; (iii) you are responsible for protecting the confidentiality of all Your Data in your possession and control; (iv) you are responsible for uploading and/or otherwise providing Your Data to us in a timely manner for our use in connection with the Services and that we may not be able to use Your Data in the event it is not uploaded and/or otherwise timely provide to us; and (v) under no circumstances will Home Tax Shield be liable in any way for the content of any of Your Data, including, but not limited to, any errors or omissions in any of Your Data, or any loss or damages of any kind incurred as a result of your use, deletion, modification, or correction of any of Your Data. You have full discretion and control on how to store, protect, remove or delete any of Your Data on the Services and Home Tax Shield shall have no liability for any damages caused by such deletion or removal of or failure to store or protect Your Data.
  • Customer Responsibilities.  You shall be solely responsible and liable for (i) ensuring that you file and maintain with the applicable county any exemptions that you claim and/or have available to you (For clarity, unless you are a subscriber whose subscription level includes the applicable feature(s), Home Tax Shield does not provide services regarding title reclamation, title monitoring, exemption monitoring, exemption application support, filings, support or issues); (ii) canceling a property online through the Service in the event that you do not want Home Tax Shield to provide any Services regarding a specific property (Home Tax Shield will not accept any cancellations purported to have been provided to us via, without limitation, chat, email, SMS or messenger; (iii) completing and filing the agent revocation form with applicable county for any property that you cancel in accordance with (ii); and (iv) any protest you file regarding your property and hereby acknowledge that Home Tax Shield has the right to cancel the Services for such property without providing you a refund.

PRIVACY POLICY

In addition to this TOS, the Home Tax Shield Privacy Policy at https://www.hometaxshield.com/privacypolicy/  (“Privacy Policy”) applies to how Home Tax Shield may process information provided as part of the Services. You acknowledge and agree that by accessing or using the Services, Home Tax Shield may receive certain information about you, including personal data, as set forth in the Privacy Policy, and Home Tax Shield may collect, use, disclose, store, share, and process such personal data in accordance with such Privacy Policy.

PROPRIETARY RIGHTS

  • You grant Home Tax Shield and its service providers a perpetual, irrevocable, worldwide, royalty-free, fully-paid-up, non-exclusive, sublicensable, transferable license to use, reproduce, modify, adapt, create derivative works from, publicly perform, publicly display, distribute, make and have made all content (in any form and any medium, whether now known or later developed) that you provide in connection with the Services. You acknowledge and agree that the technical processing and transmission of data associated with the Services, may require: (i) transmissions over various networks and across borders; and (ii) modifications to conform, connect, and adapt to technical requirements of networks or devices.
  • The Services provided to you hereunder or available to you through the Services are licensed, not sold, and Home Tax Shield retains and reserves all rights not expressly granted in this TOS. You acknowledge and agree that, as between you and Home Tax Shield, Home Tax Shield and its licensors owns all rights, title and interest (including all intellectual property rights) in the Services and all data, content, and other materials within the Services. The Services are protected by U.S. and international copyright and other intellectual property laws and treaties. Home Tax Shield reserves all rights not expressly granted to you in this TOS.

USER CONDUCT AND RESTRICTIONS

In your use of the Services, you will not: 

  • (i)use, reproduce, modify, adapt, create derivative works from, sublicense, publicly perform, publicly display, distribute, sell, lease, rent, make, have made, assign, pledge, transfer or otherwise grant rights to the Services, except as expressly permitted under this TOS; 
  • (ii)reverse engineer, disassemble, decompile, translate, or otherwise attempt to derive trade secrets, algorithms, or the source code, architectural framework, or data records, within or associated with the Services; 
  • (iii)interfere with or disrupt the integrity or performance of the Services, including by disrupting the ability of any other person to use or enjoy the Services; 
  • (iv)provide use of the Services on a service bureau, rental or managed services basis, provide or permit other individuals or entities to create Internet “links” to the Services or “frame” or “mirror” the Services on any other server, or wireless or Internet-based device; 
  • (v)access the Services for the purpose of developing, marketing, selling or distributing any product or service that competes with or includes features substantially similar to the Services; 
  • (vi)violate any applicable local, state, provincial, federal or international law or regulation, or use the Services for any illegal, unauthorized or otherwise improper purposes, including to store or transmit malicious code, or to store or transmit material in violation of third-party privacy rights; 
  • (vii)remove or obscure any proprietary notice that appears within the Services;
  • (viii)impersonate any person or entity, including Home Tax Shield personnel, or falsely state or otherwise misrepresent your affiliation with Home Tax Shield, or any other entity or person;
  • (ix)forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Services;
  • (x)take any action that imposes an unreasonable or disproportionately heavy load on the Services or its infrastructure; or
  • (xi)use spiders, crawlers, robots, scrapers, automated tools or any other similar means to access the Services; or download, reproduce, or archive any substantial portion of the Services.

 

You will not: upload, post, email, store, transmit, or otherwise make available any content that: 

  • (i)is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or otherwise objectionable; 
  • (ii)may not be made available under any law or under contractual or fiduciary relationships (such as confidential or proprietary information learned as part of an employment relationship or under a non-disclosure agreement); 
  • (iii)infringes any patent, trademark, trade secret, copyright, or other proprietary right of any party; 
  • (iv)consists of unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, commercial electronic messages, or any other form of solicitation; 
  • (v)contains software viruses or any other code, files or programs designed to interrupt, destroy or limit the functionality of any software or hardware; 
  • (vi)contains infringing, libelous, or otherwise unlawful or tortious material; or 
  • (vii)consists of information that you know or have reason to know is false or inaccurate.
  • Home Tax Shield’s failure to enforce any of these restrictions or guidelines shall not act as a waiver for any future enforcement, will not be considered a breach of this TOS by Home Tax Shield, and does not create a private right of action for any other party.
  •  Payment, Refunds and Subscription Changes
  • (i)Annual Subscription Fee.  You will pay Home Tax Shield a non-refundable annual subscription fee per parcel per year based on your applicable subscription package.  Home Tax Shield will not represent your property or provide the applicable services related to your subscription package without the annual subscription fee paid.  
  • (ii)Annual Success Fee.  In addition to the subscription fee associated with your subscription package, at the conclusion of the administrative protest process or legal proceedings, as applicable, Home Tax Shield will automatically charge your preferred or default payment method a success fee per parcel equal to thirty percent (30%) of the tax savings resulting from the efforts of Home Tax Shield to reduce your assessed value, minus any discounts you’ve received from referrals, promotions, etc.   For clarity and for illustrative purposes only: (proposed value – final value) x total tax rate x 30% = total success fee.   ($330,000 – 300,000) x 2.20% tax rate x 30% = $198 success fee).  The success fee is earned only for the year in which the assessed value reduction applies. You acknowledge and agree that the administrative protest process begins on the date the protest is filed (which may vary year-to-year and from county-to-county), after which the administrative protest process cannot be stopped and any success fees will be charged if a reduction in assessed value is achieved. For clarity, once Home Tax Shield files a protest on your behalf with the county, it you cannot cancel the Home Tax Shield service for that property for the current tax year. Home Tax Shield will complete the protest work, charge success fees accordingly, and any such cancellation will apply to the next tax year for the applicable property.  In the event you choose to pay the success fee early or the applicable county has not finalized the tax rate for the current year by the time we bill you, such success fee will be calculated based on each county’s prior year tax rates.  NO REFUNDS WILL BE PROVIDED OR ADDITIONAL FEES WILL BE CHARGED AS A RESULT OF ANY CHANGES TO THE TAX RATE MADE BY A COUNTY FOR THE THEN CURRENT TAX YEAR.
  • (iii)Payment.  All success fee calculations begin with the original notice value for the current tax year, regardless of who filed the protest and any e-file, informal settlement offers made by the appraisal district or results from litigation.  Home Tax Shield may use Stripe for payment, analytics or other business services.  In the event that Home Tax Shield uses Stripe for payment, analytics or other business services, Stripe will collect identifying information about the devices that connect to its services.  Stripe uses this information to operate and improve the services it provides to Home Tax Shield, including for fraud detection.  You can learn more about Stripe and read its privacy policy at https://stripe.com/privacy.  Unless otherwise noted, all fees, including subscription and success fees, are exclusive of all federal, state, provincial, municipal or other taxes which you agree to pay based on where you are primarily domiciled. For jurisdictions imposing sales or use taxes, your fee is subject to sales or use taxes unless it is specifically exempt from taxation. Your fee is not exempt merely because it is made over the Internet or by other remote means. Many jurisdictions require subscribers to file a sales/use tax return at the end of the year reporting all of the taxable fees that were not taxed and to pay tax on those subscriptions. Details of how to file these returns may be found at the websites of your respective taxing authorities.  In addition to any subscription and taxable savings fees, you may still incur charges incidental to using the Service or your subscription, for example, charges for Internet access, data roaming, and other data transmission charges.   
  • Your subscription will automatically renew on January 1 of each year following your initial subscription charge pursuant to Section 8(a). All charges are non-refundable unless other contractual terms or agreements have been agreed upon and documented in a written, signed contract between the you and Home Tax Shield.
  • No refunds or credits will be issued unless other contractual terms or agreements have been agreed upon and documented in a written, signed contract between the you and Home Tax Shield. 
  • There are no charges for canceling a subscription.
  • The amount charged for any subscription renewal will be automatically updated to reflect any changes to the subscription, including upgrades or downgrades. Subscription changes, including downgrades, may result in loss of access to content, features, services or an increase or reduction in the amount of available capacity for content provided by the Service.
  • All prices are subject to change upon notice.  Such notice may be provided by an e-mail message to you, or in the form of an announcement on the Service.

FEEDBACK

If you elect to provide or make available to Home Tax Shield any suggestions, comments, ideas, improvements or other feedback relating to the Services (“Feedback”), Home Tax Shield shall own and be free to use, reproduce, modify, adapt, create derivative works from, publicly perform, publicly display, distribute, make, have made, assign, pledge, transfer or otherwise grant rights in your Feedback in any form and any medium (whether now known or later developed), without credit or compensation to you.

DEALINGS WITH ADVERTISERS AND OTHER THIRD PARTIES

Certain Service functionality may make available access to information (including, without limitation, exemption(s) status and property title), products, services and other materials made available by third parties, including without limitation submissions and content provided by other users of the Service and/or received from or made available by applicable county appraisal districts (“Third Party Materials”). By using such functionality and/or engaging, hiring or otherwise interacting with such other Service users or Third Party Materials, you are directing us to access, route and transmit to you the applicable Third Party Materials.

We neither control nor endorse, nor are we responsible for, any (i) Third Party Materials, including the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness or safety of Third Party Materials, or any intellectual property rights therein or (ii) any other user of the Service. Certain Third Party Materials may, among other things, be inaccurate, misleading or deceptive. Nothing in this Agreement shall be deemed to be a representation or warranty by Home Tax Shield with respect to any Third Party Materials or any other user of the Service. We have no obligation to monitor Third Party Materials or Service users, and we may block or disable access to any Third Party Materials (in whole or part) through the Service or Service user at any time. In addition, the availability of any Third Party Materials or to other Service users through the Service does not imply our endorsement of, or our affiliation with, any provider of such Third Party Materials or other Service user, nor does such availability create any legal relationship between you and any such provider.

Your use of Third Party Materials is at your own risk.

INDEMNIFICATION

You shall indemnify and hold Home Tax Shield and its affiliates, and each of their officers, directors, employees, agents, partners and licensors (collectively, “Home Tax Shield Parties”) harmless from and against all losses, damages, costs, liabilities, and expenses, including reasonable attorneys’ fees, to extent resulting from or arising out of any third party claim, demand, or action due to (a) content you provide to Home Tax Shield; (b) your violation of this TOS, any law or regulation, or any rights (including intellectual property rights) of another party; (c) any use of, or activities in connection with, the Service or Third Party Materials (including without limitation your engagement with, hiring of, providing services to or otherwise interacting with any other Service users or Third Party Materials) by you, and/or any other person who uses the Service or (d) your use of the Services, except as expressly permitted in this TOS.

DISCLAIMER OF WARRANTIES

  • YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HOME TAX SHIELD PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED OR ARISING FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
  • HOME TAX SHIELD PARTIES MAKE NO WARRANTY OR REPRESENTATION THAT: (i) THE SERVICES WILL MEET YOUR REQUIREMENTS; (ii) ACCESS TO THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS-FREE, OR ERROR-FREE; OR (iii) THE INFORMATION AND ANY RESULTS THAT MAY BE OBTAINED FROM ACCESS TO OR USE OF THE SERVICES WILL BE CORRECT, ACCURATE, RELIABLE, TIMELY, CURRENT, OR COMPLETE.
  • ALL CONTENT MADE AVAILABLE THROUGH THE SERVICES (INCLUDING WITHOUT LIMITATION THIRD PARTY MATERIALS; ESTIMATES, TITLE MONITORING, EXEMPTION MONITORING AND STATISTICS) IS MADE AVAILABLE FOR INFORMATIONAL PURPOSES ONLY. YOU ARE SOLELY RESPONSIBLE FOR CONFIRMING THE ACCURACY OF ALL CONTENT (INCLUDING WITHOUT LIMITATION THIRD PARTY MATERIALS) BEFORE TAKING OR OMITTING ANY ACTION.
  • HOME TAX SHIELD PARTIES FURTHER EXPRESSLY DISCLAIM ANY LIABILITY TO ANY PERSON OR ENTITY FOR LOSS OR DAMAGE CAUSED BY ERRORS OR OMISSIONS IN ANY APPLICABLE TITLE REPORT AND/OR TAX EXEMPTION REPORT PROVIDED BY YOU OR ON YOUR BEHALF IN CONNECTION WITH THE PRODUCTS AND SERVICES.
  • THIS DISCLAIMER OF WARRANTY MAY NOT BE VALID IN SOME JURISDICTIONS AND YOU MAY HAVE WARRANTY RIGHTS UNDER LAW WHICH MAY NOT BE WAIVED OR DISCLAIMED.  ANY SUCH WARRANTY EXTENDS ONLY FOR THIRTY (30) DAYS FROM THE EFFECTIVE DATE OF THIS AGREEMENT (UNLESS SUCH LAW PROVIDES OTHERWISE).

LIMITATION OF LIABILITY

  • HOME TAX SHIELD PARTIES SHALL NOT BE LIABLE FOR ANY LOST PROFITS, LOSS OF DATA OR GOODWILL, OR COST OF COVER, OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES ARISING FROM ANY TYPE OR MANNER OF COMMERCIAL, BUSINESS, OR FINANCIAL LOSS, EVEN IF HOME TAX SHIELD PARTIES HAD ACTUAL OR CONSTRUCTIVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE. HOME TAX SHIELD PARTIES ASSUME NO RESPONSIBILITY OR LIABILITY IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH ANY INFORMATION, CONTENT, PRODUCTS, SERVICES, OR MATERIAL AVAILABLE ON OR THROUGH THE SERVICES, AS WELL AS ANY THIRD PARTY MATERIALS, FOR ANY ERROR, DEFAMATION, LIBEL, SLANDER, OMISSION, FALSEHOOD, OBSCENITY, PORNOGRAPHY, PROFANITY, DANGER, INACCURACY CONTAINED THEREIN, OR HARM TO PERSON OR PROPERTY CAUSED THEREBY. IN NO EVENT SHALL HOME TAX SHIELD PARTIES’ TOTAL LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM OR RELATING TO THIS TOS OR YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICES OR CONTENT EXCEED ONE HUNDRED DOLLARS ($100.00).
  • THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY REGARDLESS OF WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.  INSOFAR AS APPLICABLE LAW PROHIBITS ANY LIMITATION ON LIABILITY HEREIN, THE PARTIES AGREE THAT SUCH LIMITATION WILL BE AUTOMATICALLY MODIFIED, BUT ONLY TO THE EXTENT SO AS TO MAKE THE LIMITATION COMPLIANT WITH APPLICABLE LAW.  THE PARTIES AGREE THAT THE LIMITATIONS ON LIABILITIES SET FORTH HEREIN ARE AGREED ALLOCATIONS OF RISK AND SUCH LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

SUSPENSION AND TERMINATION

  • Home Tax Shield may terminate this TOS at any time.
  • You may terminate this TOS by providing at least thirty (30) days written notice to Home Tax Shield of your intent to terminate this TOS.
  • If you violate this TOS, Home Tax Shield may, with or without notice to you, immediately suspend or terminate your access and use of the Services.
  • Home Tax Shield reserves the right at any time to modify, suspend, or discontinue the Services (or any portion thereof) with or without notice, and Home Tax Shield shall not be liable to you or any third party for any such modification or discontinuance;
  • Upon termination of this TOS for any reason: (i) Home Tax Shield, in its sole discretion, may remove and discard your content and information; (ii) you will immediate cease your use of the Services; and (iii) any provision that, by its terms, is intended to survive the expiration or termination of this TOS shall survive such expiration or termination.  Further, you agree that that Home Tax Shield shall not be liable to you or any third party for any termination of your account or access to the Services. 

GOVERNING LAW

This TOS shall be governed by and construed and enforced in accordance with the United States Federal Arbitration Act, other applicable federal laws and the laws of the State of Texas, without regard to conflict of laws principles. The parties agree that neither the United Nations Convention on Contracts for the International Sale of Goods, nor the Uniform Computer Information Transaction Act (UCITA) shall apply to this TOS, regardless of the states in which the parties do business or are incorporated.

Binding arbitration and class action waiver

  • ALL CLAIMS ARISING IN CONNECTION WITH THIS AGREEMENT SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT (DEFINED FOR THE PURPOSES OF THIS TOS AS A COURT OF LIMITED JURISDICTION THAT MAY ONLY HEAR CLAIMS NOT EXCEEDING $5,000) IF YOUR CLAIMS ARE WITHIN THE COURT’S JURISDICTION. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED.
  • The arbitration shall be conducted by the American Arbitration Association (AAA) under its then-applicable Commercial Arbitration Rules or, as appropriate, its Consumer Arbitration Rules. The AAA’s rules are available at http://www.adr.org/. Payment of all filing, administration and arbitrator fees shall be governed by the AAA’s rules. The arbitration shall be conducted in the English language by a single independent and neutral arbitrator. For any hearing conducted in person as part of the arbitration, you agree that such hearing shall be conducted in San Antonio, Texas or, if the Consumer Arbitration Rules apply, another location reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances, as determined by the arbitrator. The decision of the arbitrator shall be final and binding. Judgment on the arbitral award may be entered in any court of competent jurisdiction.
  • WE EACH AGREE THAT ALL CLAIMS SHALL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION OR OTHER SIMILAR PROCESS (INCLUDING ARBITRATION). IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT SUCH CLAIM SHALL BE BROUGHT ONLY IN A COURT OF COMPETENT JURISDICTION IN SAN ANTONIO, TEXAS. YOU HEREBY SUBMIT TO THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS AND WAIVE ANY OBJECTION ON THE GROUNDS OF VENUE, FORUM NON-CONVENIENS OR ANY SIMILAR GROUNDS WITH RESPECT TO ANY SUCH CLAIM.
  • Notwithstanding anything to the contrary, you and Home Tax Shield may seek injunctive relief and any other equitable remedies from any court of competent jurisdiction to protect its intellectual property rights, whether in aid of, pending, or independently of the resolution of any dispute pursuant to the arbitration procedures set forth in this Section 16.
  • If Home Tax Shield implements any material change to this Section 16, such change shall not apply to any Claim for which you provided written notice to Home Tax Shield before the implementation of the change.

Legal Compliance

You represent and warrant that you will comply with all applicable foreign, federal, state, and local laws, rules and regulations, including without limitation, U.S. export laws and import and use laws of the country where Licensed Material is delivered or used and you are not: (a) located in a country that is subject to a U.S. Government embargo, or designated by the U.S. Government as a “terrorist supporting” country; and (b) listed on any U.S. Government list of prohibited or restricted parties, including the Specially Designated Nationals List.

U.S. Government Entities

This section applies to access to or use of the Services by a branch or agency of the United States Government. The Services includes “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212 and qualifies as “commercial items” as defined in 48 C.F.R. 2.101. Such items are provided to the United States Government: (a) for acquisition by or on behalf of civilian agencies, consistent with the policy set forth in 48 C.F.R. 12.212; or (b) for acquisition by or on behalf of units of the Department of Defense, consistent with the policies set forth in 48 C.F.R. 227.7202-1 and 227.7202-3. The United States Government shall acquire only those rights set forth in this TOS with respect to the such items, and any access to or use of the Services by the United States Government constitutes: (i) agreement by the United States Government that such items are “commercial computer software” and “commercial computer software documentation” as defined in this section; and (ii) acceptance of the rights and obligations herein.

Procedure for Making Claims of Copyright Infringement

If you believe that your work has been made available through the Services in a way that constitutes copyright infringement, please provide Home Tax Shield’s Agent for Notice of Copyright Claims the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) a description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) a description of the material that you claim is infringing and where that material may be accessed within the Services; (d) your address, telephone number and email address; (e) a statement by you that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement from you that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, please contact Home Tax Shield’s Agent for Notice of Copyright Claims. Home Tax Shield’s Agent for Notice of Copyright Claims can be reached as follows:

Home Tax Shield

c/o Agent for Notice of Copyright Claims
8023 Vantage Dr., Suite 590

San Antonio, TX 78230
Email: copyright@hometaxshield.com

California Users & Residents

In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting such unit in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

GENERAL PROVISIONS

This TOS constitutes the entire agreement between you and Home Tax Shield concerning your access to and use of the Services. It supersedes all prior and contemporaneous oral or written negotiations and agreements between you and Home Tax Shield with respect to such subject matter. In the event of any conflict between or among this TOS and any end user license agreement, privacy policy or usage guidelines to which this TOS refers, the terms and conditions of this TOS shall take precedence and govern.  This TOS may not be amended by you except in a writing executed by you and an authorized representative of Home Tax Shield. Except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this TOS. For the purposes of this TOS, the words “such as,” “include,” “includes” and “including” shall be deemed to be followed by the words “without limitation.” You may not assign or delegate any right or obligation under this TOS without the prior written consent of Home Tax Shield. The failure of Home Tax Shield to exercise or enforce any right or provision of this TOS shall not constitute a waiver of such right or provision. If any provision of this TOS is held to be invalid or unenforceable under applicable law, then such provision shall be construed, limited, modified or, if necessary, severed to the extent necessary to eliminate its invalidity or unenforceability, without in any way affecting the remaining parts of this TOS. Any prevention of or delay in performance by Home Tax Shield hereunder due to labor disputes, acts of God, failure of the Internet, governmental restrictions, enemy or hostile governmental action, fire or other casualty or other causes beyond its reasonable control shall excuse the performance of its obligations for a period equal to the duration of any such prevention or delay.