Terms And Conditions
Binding Arbitration/Class Action Waiver
Please read this Section (Arbitration Agreement) carefully. It is part of your contract with Tax Relief Helpers and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
A. Applicability of Arbitration Agreement. Subject to the terms of this Arbitration Agreement, except as specifically excluded in Section (G) (Exclusions from Arbitration) below, you, or anyone purchasing Products or otherwise acting on your behalf, and Tax Relief Helpers, and any of its current or former affiliates, including parents or subsidiaries, and any predecessor or successor entity, agree that any dispute, claim or disagreement arising out of or relating in any way to your access to or use of the Tax Relief Helpers’s website, or your relationship with Tax Relief Helpers, any communications you receive from Tax Relief Helpers or its representatives, any Products purchased, sold, or distributed through the Tax Relief Helpers’s website or these Terms, prior versions of these Terms and all other terms incorporated herein, including claims and disputes that arose between you and us before the effective date of these Terms and any disputes regarding the scope or validity of this Arbitration Agreement (each, a “Dispute”) will be resolved exclusively by binding arbitration, rather than in court.
For purposes of this Arbitration Agreement, “Dispute” will also include disputes that arose or involve facts occurring before the existence of this or any prior versions of these Terms, including any other terms, as well as claims that may arise after the termination of these Terms or any other terms. The term “Dispute” is intended to be given the broadest possible meaning that will be enforced. If you have a Dispute that cannot be resolved through negotiation within the time frame described in Section (B) (Informal Dispute Resolution) below, you and we agree to seek resolution of the Dispute only through arbitration of that Dispute in accordance with the terms of this Section, and not litigate any Dispute in court, except for those matters listed in Section (G) (Exclusions from Arbitration) below. Arbitration means that the Dispute will be resolved by a neutral arbitrator instead of in a court by a judge or jury. Your agreement to arbitrate survives your, or our, termination of your access to the Tax Relief Helpers’s website.
B. Informal Dispute Resolution. If a Dispute arises, Tax Relief Helpers is committed to working with you to reach a reasonable resolution. You and Tax Relief Helpers agree that good faith informal efforts to resolve Disputes can result in a prompt, low‐cost and mutually beneficial outcome (Informal Dispute Resolution). You and Tax Relief Helpers therefore agree that before either party commences arbitration against the other (or initiates an action in small claims court if a party so elects), each party will act in a good faith effort to resolve informally any Dispute covered by this Arbitration Agreement. For all Disputes, whether pursued in arbitration or small claims court, you must first send a written description of your Dispute to allow us an opportunity to resolve the dispute (Notice). Your Notice should be sent by email to info@taxreliefhelpers.com or regular mail to our offices located at 19710 Ventura Blvd Unit 200 Woodland Hills, CA 91364.
B. Informal Dispute Resolution. If a Dispute arises, Tax Relief Helpers is committed to working with you to reach a reasonable resolution. You and Tax Relief Helpers agree that good faith informal efforts to resolve Disputes can result in a prompt, low‐cost and mutually beneficial outcome (Informal Dispute Resolution). You and Tax Relief Helpers therefore agree that before either party commences arbitration against the other (or initiates an action in small claims court if a party so elects), each party will act in a good faith effort to resolve informally any Dispute covered by this Arbitration Agreement. For all Disputes, whether pursued in arbitration or small claims court, you must first send a written description of your Dispute to allow us an opportunity to resolve the dispute (Notice). Your Notice should be sent by email to info@taxreliefhelpers.com or regular mail to our offices located at 19710 Ventura Blvd Unit 200 Woodland Hills, CA 91364.
The Notice must include: (1) your full name, telephone number, mailing address, e‐mail address associated with your purchase or/and account (if you have one); (2) the name, telephone number, mailing address and e‐mail address of your counsel, if any; (3) a description of your Dispute; and (4) the resolution sought (together, the Required Information). This Required Information is necessary to give Tax Relief Helpers sufficient information to address your dispute. If your Notice does not contain all of the Required Information (or an explanation of why you are unable to include any of the Required Information), then the Notice shall be without effect, and must be re-sent before any arbitration or other legal action can be initiated against Tax Relief Helpers. You and we each agree to negotiate your Dispute in good faith. You may request arbitration if your Dispute cannot be resolved within sixty (60) days of our receipt of the Notice. Engaging in the Informal Dispute Resolution process described herein is a condition precedent and requirement that must be fulfilled before commencing arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the Informal Dispute Resolution process required by this Section.
C. Rules and Forum. The Terms and/or the purchase of Products on the Tax Relief Helpers’s website evidence a transaction involving interstate commerce; and notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this Arbitration Agreement and any arbitration proceedings. If the Informal Dispute Resolution process described above does not resolve the Dispute satisfactorily within sixty (60) days after receipt of the Notice by the receiving party, then, and only then, you and Tax Relief Helpers agree that either party may initiate an arbitration, by making a written demand to the other for arbitration with the American Arbitration Association (AAA). Should the AAA decline to administer the arbitration or otherwise be unable to administer the arbitration for any reason, you agree that Tax Relief Helpers shall select an alternative arbitration forum, and that you will agree in writing to administration of the arbitration by the alternative arbitration forum selected by Tax Relief Helpers.
C. Rules and Forum. The Terms and/or the purchase of Products on the Tax Relief Helpers’s website evidence a transaction involving interstate commerce; and notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this Arbitration Agreement and any arbitration proceedings. If the Informal Dispute Resolution process described above does not resolve the Dispute satisfactorily within sixty (60) days after receipt of the Notice by the receiving party, then, and only then, you and Tax Relief Helpers agree that either party may initiate an arbitration, by making a written demand to the other for arbitration with the American Arbitration Association (AAA). Should the AAA decline to administer the arbitration or otherwise be unable to administer the arbitration for any reason, you agree that Tax Relief Helpers shall select an alternative arbitration forum, and that you will agree in writing to administration of the arbitration by the alternative arbitration forum selected by Tax Relief Helpers.
The arbitration will be administered in accordance with the Consumer Arbitration Rules (the AAA Rules) then in effect, except as modified by this Section of this Arbitration Agreement. The AAA Rules are currently available at https://www.adr.org/sites/default/files/Consumer%20Rules.pdf.
Any hearing will be conducted virtually unless the arbitrator determines that a party’s right to a fundamentally fair process would be impaired without an in-person hearing. In the case of an in-person hearing, such hearing will take place in Los Angeles, or the county and state where you live (unless you and we agree differently). You agree that, in the event of an in-person hearing, any Tax Relief Helpers employee or affiliate who is based outside of the United States and who is participating in the hearing, may participate by telephone or video conference, and his or her physical presence shall not be required.
For claims under $25,000, the arbitration will not involve any personal appearance by the parties or witnesses but will instead be conducted based solely on written submissions, unless you request a hearing and the arbitrator determines that such an appearance is required. Subject to the AAA Rules, the arbitrator may direct a limited and reasonable exchange of information between the parties, consistent with the expedited nature of the arbitration. Ordinarily, pre-hearing information exchanges will be limited to the reasonable production of non-privileged documents directly relevant to the Dispute. Unless the arbitrator determines that an additional form of information exchange is necessary to provide for a fundamentally fair process, those documents will be limited to your Tax Relief Helpers account history and communications directly related to your purchases of Products from through your Tax Relief Helpers account.
Any issues regarding discovery, or the relevance or scope thereof, shall be determined by the arbitrator, and the arbitrator’s determination shall be conclusive. You and Tax Relief Helpers agree that all materials and documents exchanged during the arbitration proceedings shall be kept confidential and shall not be shared with anyone except the parties’ attorneys, accountants, or business advisors, and then subject to the condition that they agree to keep all materials and documents exchanged during the arbitration proceedings confidential. All arbitration proceedings shall also be confidential, and neither party may disclose the existence, content, or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award.
D. Arbitrator. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Delaware and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within thirty-five (35) days, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
E. Arbitration Award. The arbitrator shall have the authority to grant motions dispositive of all or part of any Dispute. The arbitrator will have the power to award declaratory or injunctive relief, whether interim or final, only in favor of the party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim and without affecting other Customers. The arbitrator shall issue a reasoned written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The award may be appealed pursuant to the AAA’s Optional Appellate Arbitration Rules (Appellate Rules), and shall not be considered final until after the time for filing the notice of appeal pursuant to the Appellate Rules has expired. Appeals must be initiated within thirty (30) days of receipt of an award, as defined by Rule A-3 of the Appellate Rules, by filing a Notice of Appeal with any AAA office.
D. Arbitrator. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Delaware and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within thirty-five (35) days, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
E. Arbitration Award. The arbitrator shall have the authority to grant motions dispositive of all or part of any Dispute. The arbitrator will have the power to award declaratory or injunctive relief, whether interim or final, only in favor of the party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim and without affecting other Customers. The arbitrator shall issue a reasoned written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The award may be appealed pursuant to the AAA’s Optional Appellate Arbitration Rules (Appellate Rules), and shall not be considered final until after the time for filing the notice of appeal pursuant to the Appellate Rules has expired. Appeals must be initiated within thirty (30) days of receipt of an award, as defined by Rule A-3 of the Appellate Rules, by filing a Notice of Appeal with any AAA office.
Following the appeal process, the decision rendered by the appeal tribunal may be entered in any court having jurisdiction thereof. Absent appeal, the award of the arbitrator will be final and binding upon you and us. Judgment on the arbitration award may be entered in any court having jurisdiction.
Nothing in this Section will prevent you from seeking public injunctive relief separately from arbitration in court, and any such application will not be deemed incompatible with the agreement to arbitrate. You and we agree that any claims for damages must be heard in arbitration first, with any claims seeking a remedy of public injunctive relief in court proceeding only after the arbitration of all arbitrable Disputes, and will be stayed pending the outcome of the arbitration pursuant to section 3 of the Federal Arbitration Act. If you file a lawsuit in court seeking public injunctive relief before proceeding with an individual arbitration for damages, you will be waiving your right to seek damages from Tax Relief Helpers.
F. Attorneys’ Fees and Costs. Your responsibility to pay any AAA fees and costs will be solely as set forth in the applicable AAA Rules. The parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Request was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). If you or Tax Relief Helpers need to invoke the authority of a court of competent jurisdiction to compel arbitration, then the party that obtains an order compelling arbitration in such action shall have the right to collect from the other party its reasonable costs, necessary disbursements, and reasonable attorneys’ fees incurred in securing an order compelling arbitration. The prevailing party in any court action relating to whether either party has satisfied any condition precedent to arbitration, including the Informal Dispute Resolution process, is entitled to recover their reasonable costs, necessary disbursements, and reasonable attorneys’ fees and costs.
G. Exclusions from Arbitration. You and we each agree that the following causes of action and/or claims for relief are exceptions to the Disputes covered by the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction (as outlined in this Arbitration Agreement): (i) any claim or cause of action alleging actual or threatened regarding the infringement, protection or validity of your, our or our licensors’ intellectual property, trade secrets or copyright, trademark or patent rights; (ii) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); (iii) a request for the remedy of public injunctive relief, where such remedies are permitted and cannot be waived by applicable law; and (iv) all Disputes arising out of or relating to Section (I) (Waiver of Class and Other Non-Individualized Relief) below, including any claim that all or part of Section (I) (Waiver of Class and Other Non-Individualized Relief) is unenforceable, illegal, void or voidable, or that such Section has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator. In addition, to the extent your claim or Dispute qualifies under applicable law, you may elect to proceed in small claims court.
H. Waiver of Jury Trial. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT, RATHER THAN IN ARBITRATION, YOU AND Tax Relief Helpers HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Tax Relief Helpers are instead electing that all Disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section (A) (Applicability of Arbitration Agreement) above. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
I. Waiver of Class and Other Non-Individualized Relief. YOU AND Tax Relief Helpers AGREE THAT, EXCEPT AS SPECIFIED IN THIS SECTION, EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
F. Attorneys’ Fees and Costs. Your responsibility to pay any AAA fees and costs will be solely as set forth in the applicable AAA Rules. The parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Request was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). If you or Tax Relief Helpers need to invoke the authority of a court of competent jurisdiction to compel arbitration, then the party that obtains an order compelling arbitration in such action shall have the right to collect from the other party its reasonable costs, necessary disbursements, and reasonable attorneys’ fees incurred in securing an order compelling arbitration. The prevailing party in any court action relating to whether either party has satisfied any condition precedent to arbitration, including the Informal Dispute Resolution process, is entitled to recover their reasonable costs, necessary disbursements, and reasonable attorneys’ fees and costs.
G. Exclusions from Arbitration. You and we each agree that the following causes of action and/or claims for relief are exceptions to the Disputes covered by the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction (as outlined in this Arbitration Agreement): (i) any claim or cause of action alleging actual or threatened regarding the infringement, protection or validity of your, our or our licensors’ intellectual property, trade secrets or copyright, trademark or patent rights; (ii) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); (iii) a request for the remedy of public injunctive relief, where such remedies are permitted and cannot be waived by applicable law; and (iv) all Disputes arising out of or relating to Section (I) (Waiver of Class and Other Non-Individualized Relief) below, including any claim that all or part of Section (I) (Waiver of Class and Other Non-Individualized Relief) is unenforceable, illegal, void or voidable, or that such Section has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator. In addition, to the extent your claim or Dispute qualifies under applicable law, you may elect to proceed in small claims court.
H. Waiver of Jury Trial. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT, RATHER THAN IN ARBITRATION, YOU AND Tax Relief Helpers HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Tax Relief Helpers are instead electing that all Disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section (A) (Applicability of Arbitration Agreement) above. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
I. Waiver of Class and Other Non-Individualized Relief. YOU AND Tax Relief Helpers AGREE THAT, EXCEPT AS SPECIFIED IN THIS SECTION, EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
Notwithstanding anything to the contrary in this Arbitration Agreement, if a court decides by means of a final decision, not subject to any further appeal or recourse, that the limitations of this Section (I) (Waiver of Class and Other Non-Individualized Relief) are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and Tax Relief Helpers agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in the state or federal courts located in the State of Delaware. All other Disputes shall be arbitrated or litigated in small claims court.
This Section (I) (Waiver of Class and Other Non-Individualized Relief) does not prevent you or Tax Relief Helpers from participating in a class-wide settlement of claims. Upon motion of one or more interested parties, and after providing all other interested parties an opportunity to be heard, the arbitrator may, at their discretion, coordinate more than one arbitration proceeding initiated under this Arbitration Agreement, in order to promote efficiency in discovery and to avoid inconsistent legal rulings. In the interest of clarity, any coordination under the preceding sentence will be limited only to currently-pending arbitrations initiated under this Arbitration Agreement, and the arbitrator may not preside over any form of a representative or class proceeding. All parties will retain the right to request an individualized hearing.
J. 30-Day Right to Opt Out. If you do not wish to be bound by this Arbitration Agreement and/or class action waiver, you have the right to opt out of its provisions by email to info@taxreliefhelpers.com or regular mail to our offices located at 19710 Ventura Blvd Unit 200 Woodland Hills, CA 91364, within thirty (30) days after first becoming subject to this Arbitration Agreement (the Opt-Out Deadline). Your notice must include your full name and address, the e‐mail address associated with your purchase or/and account (if you have one) and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of these Terms, including all applicable other terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
K. Invalidity, Expiration. Except as provided in Section (I) (Waiver of Class and Other Non-Individualized Relief), if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect. You further agree that any Dispute that you have with Tax Relief Helpers as detailed in this Arbitration Agreement must be initiated via arbitration within the applicable statute of limitation for that claim or controversy, or it will be forever time barred. Likewise, you agree that all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction.
L. Modification. We may amend these Terms and/or this Arbitration Agreement at any time, and such amendments will become effective once they are posted. Unless you reject the change within thirty (30) days of such change becoming effective, by email to info@taxreliefhelpers.com or regular mail to our offices located at 19710 Ventura Blvd Unit 200 Woodland Hills, CA 91364, your continued use of the Tax Relief Helpers’s website, including the purchase of products offered on the Tax Relief Helpers’s website following the posting of changes to these Terms or to the Arbitration Agreement, constitutes your acceptance of any such changes. Changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of the Arbitration Agreement if you have previously agreed to a version of the Arbitration Agreement and did not validly opt out of arbitration. If you reject any change or update to this Arbitration Agreement, and you were bound by an existing agreement to arbitrate Disputes arising out of or relating in any way to your access to or use of the Tax Relief Helpers’s website, any communications you receive, any products purchased, sold or distributed through the Tax Relief Helpers’s website or these Terms, the provisions of the Arbitration Agreement as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms) remain in full force and effect. Tax Relief Helpers will continue to honor any valid opt outs of the Arbitration Agreement that you made to a prior version of this Arbitration Agreement.
Section 10. Data Privacy & Retention.
This Privacy Notice explains how we collect personal information through our Website (https://www.taxreliefhelpers.com/ ) and our technology, as well as all related services and retail sales (collectively “Services”); this Privacy Notice also explains how we use or disclose such personal information. By using our Website or Services, you are providing your consent for us to collect, receive, store, process and transfer (collectively “process”) your personal information in accordance with this Privacy Notice.
J. 30-Day Right to Opt Out. If you do not wish to be bound by this Arbitration Agreement and/or class action waiver, you have the right to opt out of its provisions by email to info@taxreliefhelpers.com or regular mail to our offices located at 19710 Ventura Blvd Unit 200 Woodland Hills, CA 91364, within thirty (30) days after first becoming subject to this Arbitration Agreement (the Opt-Out Deadline). Your notice must include your full name and address, the e‐mail address associated with your purchase or/and account (if you have one) and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of these Terms, including all applicable other terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
K. Invalidity, Expiration. Except as provided in Section (I) (Waiver of Class and Other Non-Individualized Relief), if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect. You further agree that any Dispute that you have with Tax Relief Helpers as detailed in this Arbitration Agreement must be initiated via arbitration within the applicable statute of limitation for that claim or controversy, or it will be forever time barred. Likewise, you agree that all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction.
L. Modification. We may amend these Terms and/or this Arbitration Agreement at any time, and such amendments will become effective once they are posted. Unless you reject the change within thirty (30) days of such change becoming effective, by email to info@taxreliefhelpers.com or regular mail to our offices located at 19710 Ventura Blvd Unit 200 Woodland Hills, CA 91364, your continued use of the Tax Relief Helpers’s website, including the purchase of products offered on the Tax Relief Helpers’s website following the posting of changes to these Terms or to the Arbitration Agreement, constitutes your acceptance of any such changes. Changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of the Arbitration Agreement if you have previously agreed to a version of the Arbitration Agreement and did not validly opt out of arbitration. If you reject any change or update to this Arbitration Agreement, and you were bound by an existing agreement to arbitrate Disputes arising out of or relating in any way to your access to or use of the Tax Relief Helpers’s website, any communications you receive, any products purchased, sold or distributed through the Tax Relief Helpers’s website or these Terms, the provisions of the Arbitration Agreement as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms) remain in full force and effect. Tax Relief Helpers will continue to honor any valid opt outs of the Arbitration Agreement that you made to a prior version of this Arbitration Agreement.
Section 10. Data Privacy & Retention.
This Privacy Notice explains how we collect personal information through our Website (https://www.taxreliefhelpers.com/ ) and our technology, as well as all related services and retail sales (collectively “Services”); this Privacy Notice also explains how we use or disclose such personal information. By using our Website or Services, you are providing your consent for us to collect, receive, store, process and transfer (collectively “process”) your personal information in accordance with this Privacy Notice.
Our Website and Services are intended for (a) visitors to our Website, and (b) our Customers. Visitors to the Website and actual and potential Customers are each a “Services User.” If you have any questions or concerns about our use of your personal information, then please contact us using the contact details provided at the bottom of this Privacy Notice.
Information that we may collect about you broadly falls into the three categories listed below, which we have collected in the preceding 12 months:
- 1. Information that you provide voluntarilyOur Website may permit you to provide contact information voluntarily in order, for example, to purchase our products or otherwise use our Services; if you provide such information through our Website, such information may include:
- 2. email;
- 3. first name;
- 4. last name;
- 5. home address;
- 6. phone number;
- 7. user name;
- 8. password;
- 9. payment information;
- 10. messaging content, such as message subject, time, date, sender, and recipient; or
- 11. other information you may voluntarily provide through the chat bot function.PLEASE NOTE: In the event you use our chat bot function, we use a third-party service provider to collect and respond to information you provide through this function.
- 1. Information that we collect automaticallyWhen you use the Services, we may collect certain information automatically from your device. Specifically, the information we collect automatically may include information like your IP address, device type, unique device identification numbers, browser-type, broad geographic location (e.g. country or city-level location) and other technical information. We may also collect information about how your device has interacted with our Website, including the pages accessed and links clicked, and the date and time of such interactions. Collecting this information enables us to better understand users of our Website, where they come from, and what content on our Website is of interest to them. We use this information for our internal analytics purposes and to improve the quality and relevance of our Website to our Services Users. Some of this information may be collected using cookies and similar tracking technology, as explained further under the heading “Cookies and similar tracking technology” below.
- 1. Information that we obtain from third-party sourcesFrom time to time, we may receive personal information about you from third-party sources, but only where we have either entered into a contract with such third-party sources or checked that these third parties either have your consent or are otherwise legally permitted or required to disclose your personal information to us. The types of information we collect from third parties may include general geolocation information to identify what state and country you are visiting our site from, and we use such geolocation information to ensure inquiries and other requests are routed to the appropriate team for processing as promptly as possible. How does TRH use this information (i.e., purpose and lawful basis of processing)? TRH, and its third-party service providers, may use your personal information in a variety of ways for the operation of the Website and its Services, including:
1. To provide the Services pursuant to our agreement with Users:
• To operate, maintain, enhance, and provide all of the features and services found on the Website and Services, to personalize the
Website and Services for your preferences and interests.
• To verify your identity.
• To contact you for administrative purposes regarding the Services, for customer service purposes, or regarding content that you
have posted or submitted to the Website or The Company Name.
• To process billing and payments.
• To perform order fulfillment.
• To gather Website analytics to ensure functionality and efficiency.
• To detect and manage security risks.
2. As appropriate based on our legitimate interests including:
• Providing promotional offers to you.
• Customizing the Website or Services.
• Providing our Services, including our Website.
• To understand and analyze the usage trends, interests, and preferences of our users, to improve the way the Website and Services
works and looks, and to create new features and functionality.
• The Company Name may now or in the future use “automatically collected” information and “cookies” information to: (a) personalize
our services, such as remembering your information so that you will not have to re-enter it during your visit or the next time you
visit the Website or Services; (b) monitor and analyze the effectiveness of the application and evaluation activities; (c) monitor
aggregate usage metrics such as total number of users, pages and media and features of the Website or Service accessed, etc.;
and (d) track your entries, submissions, and status, including the ways in which you may interact with the Website or Services.
• Providing information that we believe Services Users may find helpful.
• Responding to any comments or complaints you may send to us.
• As we determine that such disclosure is necessary to (a) enforce or apply the terms and conditions of our Website or Services;
(b) comply with our legal obligations or regulatory requirements, including for investigative purposes, and as otherwise required by
law; (c) protect the rights, property or safety of us, our Services Users or third parties; or (d) prevent a crime or protect national
security.
3. Relying on your consent:
• Where it is in accordance with your marketing preferences, to send emails related to the products and services we think you may be
interested in, including products and services provided by us, our affiliates and carefully selected partners. You will have the ability
to opt-out of receiving any such marketing communications, either through links provided in the messages, or by updating your
account preferences through the Website or Services.
• We place cookies and similar tracking technology, as explained further under the heading “Cookies and similar tracking technology”
below; for example, in order for you to personalize the Website or Services.
• If we otherwise ask for your express consent, we will use your personal information for the purpose noted in such consent
document.
• Wherever we rely on your consent, you will always have the right to withdraw that consent. Please note that such withdrawal will
be honored for any future or continued use, although we may have other legal grounds for processing and/or retaining your personal
information for other purposes, such as those set out above. In some cases, we may elect to send you direct marketing without
your consent, for example, where we rely on our legitimate interests. You have a right to opt-out of direct marketing at any time. You
can do this by following the instructions in the communication where this is an electronic message.
We may disclose your personal information where we are authorized by law and unless you have chosen to opt-out, we may share your personal information with our affiliates and group companies for marketing, communication and the facilitation of our Services. We will share your personal information to the following categories of recipients:
1. to our third-party services providers and partners who provide data processing and other services to us (for example, to support the delivery of, provide functionality on, or help to enhance the security and features of our Website and Services, or process payments), or who otherwise process personal information for purposes that are described in this Privacy Notice or notified to you when we collect your personal information;
2. to any competent law enforcement body, regulatory, government agency, court or other third party where we believe disclosure is necessary (i) as a matter of applicable law or regulation, (ii) to exercise, establish or defend our legal rights, or (iii) to protect your vital interests or those of any other person;
3. in connection with any proposed purchase, reorganization, merger or acquisition of any part of our business, provided that we inform the buyer it must use your personal information only for the purposes disclosed in this Privacy Notice;
4. to any other person with your consent to the disclosure;
Third-party services providers and partners are obligated to comply with applicable data protection laws.
Cookies and Similar Tracking Technology
Like many websites, we use cookies and similar tracking technology (collectively, “Cookies”) on our Website. A cookie is a small text file that is recorded either temporarily or persistently on a hard drive by a web page server. Depending on use, they enable us to recognize you without requiring you to repeatedly log in when using the Services. Web beacons are graphics designed to collect web log information such as pages viewed, or messages opened.
Most browsers automatically accept Cookies by default, but you can choose to set your browser to remove or reject Cookies through your browser controls. Please keep in mind that removing or blocking Cookies can negatively impact your user experience and may cause some of the Services, including certain features and general functionality, to work incorrectly or no longer be available. Additionally, blocking Cookies may not completely prevent how we share information with third parties such as our advertising partners.
How does Company Name keep your personal information secure?
We use appropriate technical and organizational measures to protect the personal information that we collect and process about you. These measures include data minimization and limiting those who have access to your personal information. The measures we use are designed to provide a level of security appropriate to the risk of processing your personal information. However, please be aware that no physical or technical system is completely secure or immune from outages, losses, attacks, circumvention, design or implementation flaws, and human error. Therefore, we cannot and do not ensure or warrant that information you transmit to The Company Name will not be lost or compromised, either during or after transmission.
Data Retention
We may retain personal information we collect from you indefinitely.
Where we process personal information for marketing purposes or with your consent, we have the right to process such personal information until you either revoke your consent or request that we stop (for example, to stop use for further marketing purposes). Where we are required or allowed to do so by law, we also keep a record of the fact that you have asked us not to send you direct marketing or to process your personal information to comply with your request.
Notice to California Residents
If you are a California resident, the California Consumer Privacy Act (“CCPA”) may provide you with the right to request access to your Personal Information, additional details about our information practices and deletion of your Personal Information (subject to certain exceptions). California consumers also have the right to opt out of sales of your Personal Information, if applicable. We describe how California consumers can exercise their rights under the CCPA below. Please note that you may designate an authorized agent to exercise these rights on your behalf by providing written materials demonstrating that you have given the authorized agent signed permission to submit the request. Please note that if an authorized agent submits a request on your behalf, we may need to contact you to verify your identity and protect the security of your Personal Information. We will not discriminate against you if you choose to exercise your rights under the CCPA.
Right to Access. You may have the right to access Personal Information which we may collect or retain about you. If requested, we shall provide you with a copy of your Personal Information which we collect as required by the CCPA. You may also have the right to receive your Personal Information in a structured and commonly used format so that it can be transferred to another entity (“data portability”).
Right to Know. You may have the right to request that we disclose the following about your Personal Information, as defined by the CCPA:
1. The specific Personal Information we may collect;
2. The categories of Personal Information we may collect;
3. The categories of sources from which we may collect your Personal Information;
4. The business purpose(s) for collecting or sharing your Personal Information;
5. The categories of Personal Information we may disclose for business purposes; and
6. The categories of third parties to whom we may share your Personal Information.
Right to Opt-Out/Not Sell My Personal Information. You may have a right to direct us not to “sell” or “share” your personal information or to opt out of the processing of your personal information for purposes considered to be “targeted advertising,” as defined in applicable privacy laws.
To further opt out of behavioral or targeted advertising, see http://www.thenai.org for general information about the NAI and https://thenai.org/opt-out/ for the opt-out page. You may also visit https://optout.aboutads.info/?c=2&lang=E to learn about interest-based advertising and how to opt-out from online behavioral ads served by some or all participating companies. Please note that you may need to opt out on each device and browser you use to access our Site.
Right to Limit Sensitive Personal Information. The Company Name does not collect or process Sensitive Personal Information for the purpose of inferring characteristics about its consumers.
Right to Deletion. In certain circumstances, you have the right to request the deletion of your Personal Information. Upon verifying the validity of a deletion request, we will delete your Personal Information from our records, and instruct any service providers or contractors to delete your information, when applicable.
Right to Correction. In certain circumstances, you have the right to request correction of any inaccurate Personal Information. Upon verifying the validity of a verifiable consumer correction request, we will use commercially reasonable efforts to correct your Personal Information as directed, taking into account the nature of the Personal Information and the purposes of maintaining your Personal Information.
Exercising Your Rights. If you are a California resident, or a resident of any state that provides you with specific privacy rights, you can exercise any of your available rights as described in this Privacy Notice and under applicable privacy laws by using the contact information provided below under “How to contact us” or as described in this section. We will not discriminate against you for exercising such rights. Except as described in this notice or provided for under applicable privacy laws, there is no charge to exercise your legal rights. However, if your requests are manifestly unfounded or excessive, in particular because of their repetitive character, we may either (i) charge a reasonable fee taking in account the administrative costs of providing the information or taking the action requested; or (ii) refuse to act on the request and notify you of the reason for refusing the request.
In order to exercise any of your rights under the CCPA, and if you are a California resident, you may contact us by emailing us at info@taxreliefhelpers.com.
Your request to us must provide sufficient information that allows us to reasonably verify you are the person about whom The Company Name collected personal information or an authorized representative and describe your request with sufficient detail that allows The Company Name to properly understand, evaluate, and respond to it.
Annual California Privacy Rights Disclosure
For the period January 1 through December 31, 2023, The Company Name was not subject to the CCPA, and its disclosure requirements. Nevertheless, The Company Name recorded 0 data requests under the law during that period. Currently, The Company Name maintains records of these requests and will provide further disclosures if required by applicable law.
Other California Privacy Rights: California’s “Shine the Light” law (California Civil Code section 1798.83) gives customers who are California residents the right to ask, once a year, (1) what personal information was disclosed to third parties for those third parties’ direct marketing purposes in the prior calendar year; and (2) the identities of the companies with whom the information was shared. The terms “customers” and “personal information” have the meaning given by the Shine the Light (California Civil Code Sec 1798.83).
We do not share personal information, as defined in California Code Civil Section 1798.83, with third parties for their direct marketing purposes absent your consent. If you are a California resident, you may request information about our compliance with California’s Shine the Light law by sending us a written request via email to info@taxreliefhelpers.com. Any such written request must include “California Shine the Light Law Request” in the first line of the description and include your name, street address, city, state, and zip code. We are only required to respond to one Shine the Light law request per customer per year, and we are not required to respond to requests made by means other than through this email address and mailing address. Further note that “Shine the Light” rights and CCPA rights are provided under different statutes and must be exercised separately.
Other State Specific Privacy Laws
This Privacy Notice also applies to consumers who reside in states that have adopted consumer privacy laws. Because of differences in certain state laws and the effective dates of those state laws, this section may apply to residents of one or more states with consumer privacy laws requiring such information. States that have passed consumer privacy laws as of the date of this Privacy Notice are Colorado, Connecticut, Delaware, Indiana, Iowa, Montana, Oregon, Tennessee, Texas, Utah, and Virginia (collectively “US State Privacy Laws”). As described above, we have “sold” and “shared” (as those terms are defined in applicable law) personal information over the preceding 12 months for the purpose of engaging in advertising and marketing activities.
Your Rights Under Applicable US State Privacy Laws. To the extent applicable under US State Privacy Laws, you may have the following rights in connection with your personal information:
1. You have a right to confirm whether or not we process your personal information as well as to access and receive a copy of the specific personal information we have collected about you.
1. You have a right to receive the Personal Information, limited to the Personal Information you previously provided to us, in a structured and commonly used format so that it can be transferred to another entity (“data portability”).
2. You have a right to deletion of your personal information, subject to exceptions under applicable US State Privacy Laws.
3. You have a right to request correction of any inaccurate personal information we hold about you.
4. You have a right to opt-out of our sale or our use of personal information for targeted advertising purposes.
5. Finally, you have a right to receive notice of our practices at or before collection of personal information and you have a right not to receive discriminatory treatment for exercising any of your rights described under this section. We will not discriminate against you based on your exercise of any of your rights.
You can assert these rights only where we receive a verified request from you. For information on how to exercise your rights, please see the “Exercising Your Rights” section above.
Use of Agents. If you are a consumer in a jurisdiction that recognizes the ability to use an authorized agent and wish to contact us through an authorized agent, the authorized agent can submit a request on your behalf along with a statement, certified as may be required, that the agent is authorized to act on your behalf. In order to verify the request, we may ask you to verify your identity.
Appeals. If you are in a jurisdiction that recognizes your ability to appeal a decision we have made in connection with your attempt to assert a right under applicable US State Privacy Laws (such as Texas, Oregon, Montana, Colorado, Connecticut or Virginia), you may file an appeal of our decision refusing your request to exercise your rights under this Privacy Notice. Requests to change our policies or practices are not grounds for appeal. If your jurisdiction allows you to file a complaint with the state’s Attorney General’s Office regarding any concerns with the result of your appeal request, you may do so by using the following links as may be applicable to you: Virginia (www.oag.state.va.us/consumer-protection/index.php/file-a-complaint), Colorado (coag.gov/file-complaint), Connecticut (portal.ct.gov/AG/Common/Complaint-Form-Landing-page), and Texas (https://oag.my.salesforce-sites.com/CPDOnlineForm).
Third-Party Services
The Website and Services may contain references and links to other websites and services provided by third parties. Any personal information you provide on third-party sites or services is provided directly to that third party and is subject to that third party’s policies governing privacy and security. We are not responsible for the content or privacy and security practices and policies of third-party sites or services to which links are displayed on the Website or Services. We encourage you to learn about third parties’ privacy and security policies before providing them with your personal information.
Children’s Online Privacy Protection Rule (“COPPA”)
We do not knowingly or specifically collect personal information from users under 16 years of age. We do not authorize users under 16 years of age to use the Website or Services. Please notify us if you believe our Website or Services are being used by a child under the age of 13.
Updates to this Privacy Notice
We may update this Privacy Notice from time to time in response to changing legal, technical or business developments. When we update our Privacy Notice, we will take appropriate measures to inform you, consistent with the significance of the changes we make. We will obtain your consent to any material Privacy Notice changes if and where this is required by applicable data protection laws.
How to contact us
If you have any questions or concerns about our use of your personal information, please contact us using the following details:
Email: info@taxreliefhelpers.com