Terms and Conditions
Thank you for visiting www.BrubakerTax.com, the website of the Brubaker Tax Resolution Group, a division of JSSB ltd. You arrived at this Terms & Conditions page from the above site, referred to herein as “this web site”.
THIS AGREEMENT INCLUDES A MANDATORY ARBITRATION AGREEMENT, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY CLAIM (DEFINED BELOW) TO BIDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT. IF YOU WANT TO OPT-OUT OF THIS MANDATORY ARBITRATION AGREEMENT, BELOW DESCRIBES THE PROCEDURES YOU MUST FOLLOW TO DO SO. THE ARBITRATION AGREEMENT ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY CLAIM INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION.
These terms and conditions are subject to change by JSSB ltd (hereinafter “Company”) at any time and at our discretion without notice by updating this posting.These terms and conditions govern your use of this web site. By accessing this web site, you are acknowledging and accepting these terms and conditions.Your use of this web site after any changes are implemented constitutes your acceptance of the changes. As a result, we encourage you to consult the terms and conditions each time you use this web site.
1. INTELLECTUAL PROPERTY
You acknowledge and agree that all content and materials available on this web site are protected by copyrights, trademarks, or other proprietary rights and laws. Except as expressly authorized by COMPANY, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content. As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this web site is strictly prohibited without the express written permission of COMPANY. For information on requesting such permission, please contact us at firstname.lastname@example.org.
2. LIMITATIONS ON USE
You must be at least eighteen (18) years old to access this web site. If you are not at least eighteen years old, you are not permitted to access this web site for any reason. If you are provided a password to access this web site, then that password is for your personal use only, unless otherwise specified. You agree to be responsible for the security of your password.
3. ORDER AND RETURN POLICIES
We generally ship all physical orders within two business days. For any digital products, you will receive an email with login details or be directed to a download page.
4. THIRD PARTY REFERENCES / HYPERLINKS
This web site may link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of COMPANY, and you acknowledge that COMPANY is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the other site by or any association with its operators.
5. INFORMATION YOU SUBMIT
You hereby warrant that any information you submit to COMPANY through this web site is owned by you and that you have the necessary authority to submit such information. You hereby grant COMPANY a royalty-free, perpetual, worldwide license to display, modify, adapt, create derivative works from, and otherwise use any suggestions, ideas, and information that you provide to COMPANY. You further agree that you shall not submit or transmit any content through this web site or to COMPANY that is:
- Obscene, vulgar, or pornographic;
- Encourages the commission of a crime or violation of a law;
- Violates any state or federal law in the U.S. and/or the jurisdiction in which you reside;
- Infringes the intellectual rights of a third party;
- Is otherwise offensive or inappropriate based upon the type of content and information provided by COMPANY and/or third parties on this web site.
COMPANY reserves the right to remove or otherwise delete any content or submission from you that violates these rules, or which are inappropriate in COMPANY’s sole discretion, without liability or warning to you. COMPANY reserves the right to cooperate with law enforcement officials and court officials in the investigation or prosecution of any crime or lawsuit. You agree to hold COMPANY harmless from any consequences or actions taken by COMPANY in cooperation with such law enforcement investigation or court order.
6. CONTACTING US
If you need to contact us, you can email us at email@example.com. DISCLAIMER OF WARRANTIES
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS WEB SITE (THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY AND ITS AGENTS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS WEB SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS WEB SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
8. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL COMPANY, OR ITS AGENTS, AFFILIATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AND CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS WEB SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IN NO EVENT SHALL THE AMOUNT OF COLLECTIVE LIABILITY OF COMPANY AND ITS AGENTS, AFFILIATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AND CONTRACTORS EXCEED THE AMOUNT ACTUALLY PAID TO COMPANY FOR PRODUCTS OR SERVICES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, COMPANY’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Upon a request by COMPANY, you agree to defend, indemnify, and hold COMPANY and its other affiliated companies harmless, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from your misuse of this web site or from your violation of the terms and conditions stated herein.
10. SEVERABILITY AND INTEGRATION
Unless otherwise specified herein, this agreement constitutes the entire agreement between you and COMPANY with respect to this web site and supersedes all prior or contemporaneous communications between you and COMPANY with respect to this web site. If any part of these Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
11. PRE-DISPUTE, MANDATORY BINDING ARBITRATION AND CLASS ACTION
PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH BINDING ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
Exceptions to Binding Arbitration
As an exception to binding arbitration, you and Company both retain the right to pursue, in a small claims court, any claim that is within that court’s jurisdiction and proceeds on an individual (non-class) basis. Company will not demand arbitration in connection with any individual claim that you properly file and pursue in a small claims court, so long as the claim is pending only in that court. Binding arbitration also does not apply to disputes concerning trade secret misappropriation, patent infringement, copyright infringement or misuse, or trademark infringement or dilution.
Mandatory Pre-Dispute Procedures
You acknowledge and agree that before initiating any Claim (subject to the exceptions above) against Company, you will first give us an opportunity to resolve your problem or dispute. This includes sending a written description of your problem or dispute to us, including, but not limited to, information or representations related to our products and upon which you rely. You may send the written description by U.S. Mail to JSSB ltd, ATTN: General Counsel, 2725 Abington Road, Ste 103B, Fairlawn, Ohio 44333. You agree to negotiate with Company in good faith about your problem or dispute. If for some reason your problem or dispute is not resolved to your satisfaction within 60 days after Company’s receipt of your written dispute, you agree to the dispute resolution provisions below.
Commencement of Arbitration
You and Company agree to commence any arbitration proceeding within 1 year after the Claim arises (including the mandatory pre-dispute procedures outlined above) and that any proceeding commenced after 1 year shall be barred.
For your convenience, the arbitration may be conducted in the federal district where you reside. It may be held by telephone or through written submissions if both you and Company agree.
Sponsoring Organization, Rules and the Arbitrator
Each party shall pay for filing, administrative, and arbitrator fees for an arbitration initiated by that particular party. The parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses.
The arbitrator shall follow substantive law and may order any relief if permitted by law. The arbitrator may award any form of individual relief, including injunctions and punitive damages, so long as they are in accordance with applicable law. The arbitrator may award costs or fees to a prevailing party, but only if the law expressly allows it. Nothing herein shall be construed to limit the arbitrator’s ability to award remedies provided by applicable law. Any award rendered shall include a written opinion and shall be final, subject to appeal under the FAA.
This provision survives termination of your account or relationship with Company, bankruptcy, assignment or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.
Failure or any delay in enforcing this arbitration provision in connection with any particular Claims will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other Claims. This provision is the entire arbitration agreement between you and Company and shall not be modified except in writing by Company.
Company reserves the right to amend this arbitration provision at any time. Your continued use of any Company Website, purchase of a Company product, or use or attempted use of a Company product, is affirmation of your consent to such changes. Should the changes to this arbitration provision be material, Company will provide you notice and an opportunity to opt-out. Your continued use of any Company Website, purchase of a Company product, or use or attempted use of a Company, is affirmation of your consent to such material changes. YOU HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION WITHIN 30 DAYS FROM THE DATE OF PURCHASE, USE, OR ATTEMPTED USE OF A COMPANY PRODUCT (WHICHEVER COMES FIRST) BY WRITING TO JSSB ltd, ATTN: General Counsel, 2725 Abington Road, Ste 103B, Fairlawn, Ohio 44333. FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE IDENTIFYING ANY COMPANY PRODUCT YOU PURCHASED, USED OR ATTEMPTED TO USE WITHIN THE 30 DAYS AND THE DATE YOU FIRST PURCHASED, USED OR ATTEMPTED TO USE OF COMPANY PRODUCTS. UNTIMELY OPT-OUTS WILL NOT BE VALID AND YOU MUST THEN PURSUE YOUR CLAIM THROUGH ARBITRATION PURSUANT TO THESE TERMS.