Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "you," or "your") and Why Not Me LLC, doing business as iSocialBusiness, operating the Taxcentra brand ("Company," "we," "us," or "our"), with principal offices at 166 Broadway, Amityville, NY 11701. These Terms govern your access to and use of the Taxcentra website, platform, and related services (collectively, the "Platform" or "Service").

By accessing, browsing, or using the Platform in any manner, including but not limited to visiting, registering, submitting information, or otherwise interacting with the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must immediately cease all use of the Platform.

Your use of the Platform constitutes your acceptance of these Terms as they may be amended from time to time. We reserve the right to modify these Terms at any time, with or without notice, and such modifications shall be effective immediately upon posting. Your continued use of the Platform following any modifications constitutes acceptance of those changes.

3. User Eligibility and Account Requirements

3.1 Age and Capacity Requirements

You must be at least eighteen (18) years of age and possess the legal capacity to enter into binding contracts under applicable law to use the Platform. By using the Service, you represent and warrant that you meet these eligibility requirements. If you are using the Platform on behalf of a business entity, you represent and warrant that you have the authority to bind that entity to these Terms.

3.2 Accurate Information

You agree to provide accurate, current, and complete information when using the Platform and to promptly update such information to maintain its accuracy. You represent and warrant that all information you provide is truthful and not misleading. Providing false, inaccurate, or misleading information may result in immediate termination of your access to the Platform and may subject you to legal liability.

3.3 Real-Time Data Collection Acknowledgment

3.4 Account Security

If you create an account, you are responsible for maintaining the confidentiality of your account credentials and for all activities occurring under your account. You agree to immediately notify us of any unauthorized use of your account or any other security breach. We shall not be liable for any loss or damage arising from your failure to protect your account credentials.

5. User Obligations and Prohibited Conduct

5.1 Acceptable Use

You agree to use the Platform only for lawful purposes and in accordance with these Terms. You shall not:

• Violate any applicable federal, state, local, or international law or regulation
• Infringe upon or violate our intellectual property rights or those of any third party
• Submit false, inaccurate, misleading, or fraudulent information
• Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Platform
• Attempt to gain unauthorized access to any portion of the Platform or any systems or networks connected to the Platform
• Use any robot, spider, scraper, or other automated means to access the Platform
• Introduce viruses, trojans, worms, logic bombs, or other malicious or technologically harmful material
• Attempt to reverse engineer, decompile, disassemble, or otherwise derive source code from the Platform
• Use the Platform to transmit spam, chain letters, or other unsolicited communications
• Impersonate or attempt to impersonate the Company, employees, other users, or any other person or entity
• Interfere with or disrupt the Platform or servers or networks connected to the Platform
• Collect or harvest any personally identifiable information from the Platform

5.2 Compliance with Law

You are solely responsible for ensuring that your use of the Platform complies with all applicable laws, regulations, and third-party rights. This includes, without limitation, compliance with tax laws, consumer protection statutes, data protection regulations, and telecommunications laws.

6. Intellectual Property Rights

6.1 Ownership

The Platform and its entire contents, features, functionality, and design (including but not limited to all information, software, text, displays, images, video, audio, source code, object code, algorithms, user interface, design, look and feel, and the selection and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

6.2 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Platform solely for your personal, non-commercial purposes. This license does not include any right to: (a) resell or make commercial use of the Platform; (b) modify or make derivative works based upon the Platform; (c) download or copy account information for the benefit of another party; or (d) use any data mining, robots, or similar data gathering and extraction tools.

6.3 Trademarks

"Taxcentra," the Taxcentra logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You may not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Platform are the trademarks of their respective owners.

7. No Warranties and Disclaimer

YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK. THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT:

• The accuracy, reliability, completeness, or timeliness of any content, information, or materials on the Platform
• The qualifications, licensure, competence, or performance of any Service Provider
• The results, outcomes, or quality of services provided by Service Providers
• The suitability of any Service Provider for your specific needs
• The Platform's uninterrupted, secure, or error-free operation
• The correction of any defects or errors
• The Platform being free of viruses or other harmful components

YOU ACKNOWLEDGE THAT THE COMPANY DOES NOT SCREEN, INVESTIGATE, VERIFY, OR ENDORSE SERVICE PROVIDERS. ANY RELIANCE ON SERVICE PROVIDERS OR INFORMATION OBTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK.

Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you to the extent prohibited by applicable law.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE PLATFORM.

WITHOUT LIMITING THE FOREGOING, THE COMPANY SHALL NOT BE LIABLE FOR:

• Any acts, errors, omissions, representations, warranties, breaches, negligence, or misconduct by Service Providers
• Any personal injuries, death, property damage, or other damages resulting from interactions with Service Providers
• Unauthorized access to or alteration of your transmissions or data
• Statements or conduct of any third party on the Platform
• Any disputes between you and Service Providers
• Tax advice, preparation errors, or financial losses resulting from services provided by Service Providers
• Any other matter relating to the Platform or Service Providers

THE COMPANY'S TOTAL AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE GREATER OF: (A) ONE HUNDRED DOLLARS ($100.00); OR (B) THE AMOUNT YOU PAID TO THE COMPANY IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.

These limitations apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if the Company has been advised of the possibility of such damage. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you.

9. Indemnification

You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney's fees and costs) arising from: (a) your use of and access to the Platform; (b) your violation of any term of these Terms; (c) your violation of any third-party right, including without limitation any intellectual property, privacy, or other proprietary right; (d) any claim that your use of the Platform caused damage to a third party; (e) your interactions or disputes with Service Providers; or (f) any false, inaccurate, or misleading information you provide. This defense and indemnification obligation will survive these Terms and your use of the Platform.

10. Third-Party Service Providers

10.1 Independent Contractors

All Service Providers are independent contractors and are not employees, agents, partners, or joint venturers of the Company. The Company exercises no control over Service Providers' methods, practices, or conduct. Service Providers are solely responsible for their own acts, omissions, professional conduct, and compliance with applicable laws and regulations.

10.2 No Endorsement or Guarantee

Referral to a Service Provider does not constitute a recommendation, endorsement, guarantee, warranty, or representation by the Company regarding the Provider's qualifications, competence, quality of service, or suitability for your needs. You are solely responsible for evaluating and selecting Service Providers and for verifying their credentials, licensure, insurance, and qualifications.

10.3 Direct Relationship

Any agreements, contracts, or professional relationships you enter into with Service Providers are directly between you and those Providers. The Company is not a party to such agreements and bears no responsibility for their terms, performance, or enforcement. All fees, charges, and payment arrangements are between you and the Service Provider.

10.4 Disputes with Service Providers

You agree that the Company shall have no liability for any disputes, claims, or damages arising from your interactions with Service Providers. Any disputes shall be resolved directly between you and the relevant Service Provider. You release the Company from any and all claims, demands, and damages arising out of or in connection with such disputes.

11. Dispute Resolution and Arbitration

11.1 Binding Arbitration

Please read this section carefully. It affects your legal rights and requires that disputes be resolved through binding arbitration.

Except as provided below, any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, or your use of the Platform (collectively, "Disputes") shall be resolved exclusively through final and binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules, as modified by these Terms.

11.2 Arbitration Procedures

The arbitration shall be conducted by a single neutral arbitrator. The arbitration shall take place in New York, unless the parties mutually agree otherwise. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. The arbitrator shall have the authority to award any relief that would be available in court, including damages, injunctive relief, and declaratory relief.

11.3 Class Action Waiver

You and the Company agree that any proceedings to resolve Disputes will be conducted only on an individual basis and not in a class, consolidated, or representative action. You and the Company expressly waive any right to pursue claims on a class or representative basis. The arbitrator may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding.

11.4 Exceptions to Arbitration

Either party may seek equitable relief in court for infringement or other misuse of intellectual property rights. Additionally, either party may bring a claim in small claims court if the claim qualifies.

11.5 Waiver of Jury Trial

TO THE EXTENT PERMITTED BY LAW, YOU AND THE COMPANY WAIVE ANY RIGHT TO A JURY TRIAL IN CONNECTION WITH ANY DISPUTES.

11.6 Costs and Fees

Each party shall bear its own costs and attorney's fees in arbitration unless the arbitrator determines otherwise in accordance with applicable law. The Company will pay all AAA filing, administration, and arbitrator fees for claims seeking less than $10,000, unless the arbitrator determines the claims to be frivolous.

12. Governing Law and Venue

These Terms and any disputes arising out of or relating to the Platform shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles. To the extent that arbitration does not apply, you agree to submit to the exclusive personal jurisdiction of the state and federal courts located in Suffolk County, New York for the purpose of litigating any disputes.

13. Termination

13.1 Right to Terminate

We reserve the right, in our sole discretion, to terminate or suspend your access to all or part of the Platform at any time, with or without notice, for any reason or no reason, including without limitation for breach of these Terms, fraudulent conduct, provision of false information, or any conduct that we believe violates these Terms or is harmful to other users, us, or third parties.

13.2 Effect of Termination

Upon termination, your right to use the Platform will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnification obligations, limitations of liability, dispute resolution provisions, and this survival clause.

13.3 No Liability for Termination

The Company shall not be liable to you or any third party for any termination of your access to the Platform.

14. Modifications to the Platform

We reserve the right to modify, suspend, or discontinue the Platform or any features or functionality thereof at any time without notice or liability to you. We may also impose limits on certain features or restrict access to parts or all of the Platform without notice or liability. We shall not be liable if all or any part of the Platform is unavailable at any time for any period.

15. Privacy and Data Protection

Your use of the Platform is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices regarding the collection, use, and disclosure of your information. By using the Platform, you consent to the practices described in the Privacy Policy.

16. Electronic Communications

By using the Platform, you consent to receive electronic communications from us. These communications may include notices about your account, transactional information, and other information concerning the Platform. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You agree to keep your contact information current.

17. Assignment

You may not assign or transfer these Terms or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms and all rights granted hereunder at any time without restriction and without notice to you. Any attempted assignment by you in violation of this Section shall be null and void. Subject to the foregoing, these Terms shall bind and inure to the benefit of the parties and their respective successors and permitted assigns.

18. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable under applicable law, such provision shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions shall continue in full force and effect. The failure of either party to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

20. Entire Agreement

These Terms, together with the Privacy Policy and any other legal notices or additional terms published by us on the Platform, constitute the entire agreement between you and the Company regarding the use of the Platform and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, whether written or oral, regarding the Platform.

21. No Waiver

No waiver by the Company of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure by the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

22. Force Majeure

The Company shall not be liable for any failure or delay in performance under these Terms due to causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fires, floods, accidents, pandemics, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

23. Contact Information

For questions, concerns, or notices regarding these Terms, contact us at: