These Terms of Service (“Terms”) describe TaxProper’s commitments to you, and your rights and responsibilities when using our services. Please read them carefully and reach out to us if you have any questions.
Our Services are offered subject to your acceptance, without modification, of all of the terms and conditions contained herein and all other operating rules, policies, and procedures that may be published from time to time by TaxProper (collectively, the “Agreement”). You agree that we may automatically upgrade our Services, and the Agreement will apply to any upgrades.
Please read the Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the Agreement. If you do not agree to all the terms of the Agreement, then you may not access or use our Services.
Throughout these Terms, “you” applies to both individuals and entities that access or use our Services. If you are an individual using our Services on behalf of an entity, you represent and warrant that you have the authority to bind that entity to the Agreement and that by using our Service(s), you are accepting the Agreement on behalf of that entity.
We refer to TaxProper Inc. as “TaxProper” or “we” throughout these Terms.
2. Your Account
Where use of our Services requires an account, you agree to provide us with complete and accurate information when you register for an account and keep the information current.
You will be solely responsible and liable for any activity that occurs under your account. You are responsible for keeping your account information up-to-date and for keeping your password secure.
You are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under your account and any other actions taken in connection with our Services. You shall not share or misuse your access credentials. You must immediately notify us of any unauthorized uses of your account, store, or website, or of any other breach of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
When you create a TaxProper account, we consider that to be an inquiry about our products and services, which means that we may contact you to share more details about what we have to offer.
3. Minimum Age Requirements
Our Services are not directed to children. Access to and use of our Services is only for those over the age of 13 (or 16 in the European Union). If you are younger than this, you may not register for or use our Services.
4. General Fees and Payment
a. Fees for Paid Services. Some of our Services are offered for a fee, such as appeals and evidence purchase (collectively, “Paid Services”). By using a Paid Service, you agree to pay the fees specified in this agreement. These fees may be one-time fees or revenue-based fees. For contingency fees, you pay us a percentage of the savings resulting from our Services.
b. Taxes. To the extent permitted by law, or unless explicitly stated otherwise, all fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees, or charges now in force or enacted in the future (“Taxes”). You are responsible for payment of all applicable Taxes relating to your use of our Services, your payments, or your purchases. If we are obligated to pay or collect Taxes on the Fees you’ve paid or will pay, you are responsible for such Taxes, and we may collect payment for such Taxes.
c. Payment. If your payment fails, Paid Services are otherwise not paid for or paid for on time, or we suspect a payment is fraudulent, we may immediately cancel or revoke your access to Paid Services without notice to you. If you contact your bank or credit card company to decline or reverse the charge of fees for Paid Services, we may revoke your access to our Services.
d. Fee Changes. We may change our fees at any time, or start charging fees for Services that were previously free. When applicable, we may give you advance notice of the fee changes. If you don’t agree with the fee changes, you must cancel your Paid Service.
e. Refunds. While you may cancel a Paid Service at any time, refunds are issued in our sole discretion, unless otherwise required by applicable law.
5. Service-Specific Terms and Fees
a. TaxProper Appeal
By signing up for our appeal service, you represent that you are the owner of the property identified upon signup (the “Property”), or that you have some economic interest in the property which gives you the authority to accept this agreement.
By signing up for our appeal service, you retains the services of TaxProper to assist in the preparation of an appeal of the current property tax assessment of the Property.
You understand that TaxProper will submit the completed forms on your behalf to the respective local authority that handles real estate tax appeals. You understand that you are wholly responsible for any statement of material fact regarding the property, and that TaxProper will not be liable for any omission, misrepresentation, or factual errors that arise from information provided by the Owner. You understand that the Consultant is not providing a legal service.
You agree to provide TaxProper with accurate information and to fully cooperate with any instructions provided by TaxProper. You further understand that TaxProper does not and cannot guarantee a reduction in the Property’s Assessed value. Your payment only compensates TaxProper for assistance in preparing the appeal. A successful appeal is defined as a reduction in final assessed value compared to the proposed value as a result of an appeal. If the decision does not show a successful reduction, TaxProper will refund the appeal fee to the owner if a payment was made up front. If the Owner chose a contingency-based fee and the appeal is not successful, no payment will be due.
b. TaxProper Evidence
By purchasing a TaxProper evidence packet, you are paying for an automated evaluation of your property tax assessment and evidence resulting from that evaluation.
TaxProper will not submit the completed forms on your behalf to the respective local authority that handles real estate tax appeals. If you appeal your assessment, you are wholly responsible for any statement of material fact regarding your property and for any evidence you submit with your property tax appeal, including TaxProper’s evidence packet. TaxProper makes no guarantees on the accuracy of the data provided and will not be liable for any omission, misrepresentation, or factual errors on the evidence packet you purchase.
You understand TaxProper is not providing a legal service.
6. General Representation and Warranty
You represent and warrant that your use of our Services:
7. Intellectual Property
The Agreement does not transfer from TaxProper to you any TaxProper or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with TaxProper. TaxProper, TaxProper.com, and all other trademarks, service marks, graphics, and logos used in connection with TaxProper or our Services, are trademarks or registered trademarks of TaxProper or TaxProper’s licensors. Other trademarks, service marks, graphics, and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any TaxProper or third party trademarks.
8. Third Party Services
In using the Services, you may enable or use services, products, software, embeds, or applications developed by a third party. If you use any Third Party Services, you understand that:
In rare cases, we may at our discretion, suspend, disable, or remove Third Party Services from your account.
We are constantly updating our Services and that means sometimes we have to change the legal terms under which our Services are offered. These Terms may only be modified by a written amendment signed by an authorized agent of TaxProper, or by the posting by TaxProper of a revised version. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period, or once the changes become effective. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
We may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. We have the right (though not the obligation) to, in our sole discretion, terminate or deny access to and use of any of our Services to any individual or entity for any reason.
If you wish to terminate the Agreement or your TaxProper account, you may simply discontinue using our Services, or, if you are using a paid service, you may cancel at any time, subject to the Fees and Payment section in these Terms.
All provisions of the Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
11. Disclaimer of Warranties
Our Services are provided “as is.” TaxProper and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither TaxProper, nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you obtain content or services through our Services at your own discretion and risk.
12. Jurisdiction and Applicable Law.
Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Services will be governed by the laws of the state of Illinois, U.S.A., excluding its conflict of law provisions. The proper venue for any disputes arising out of or relating to the Agreement and any access to or use of our Services will be the state and federal courts located in Cook County, Illinois.
13. Limitation of Liability
In no event will TaxProper, or its suppliers, partners, or licensors, be liable with respect to any subject matter of the Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed $50 or the fees paid by you to TaxProper under the Agreement during the twelve (12) month period prior to the cause of action, whichever is greater. TaxProper shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
You agree to indemnify and hold harmless TaxProper, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys’ fees, arising out of or related to your use of our Services, including but not limited to your violation of the Agreement or any agreement with a provider of third-party services used in connection with the Services and any other activities conducted through our website.
15. US Economic Sanctions
You expressly represent and warrant that your use of our Services and/or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and we reserve the right to terminate accounts or access of those in the event of a breach of this condition.
These Terms were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms and the English version, the English version will control.
The Agreement constitutes the entire agreement between TaxProper and you concerning the subject matter hereof. If any part of the Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
You may assign your rights under the Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; TaxProper may assign its rights under the Agreement without condition. The Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.