Terms and Conditions
Agreement between User and NovaTax.
Welcome to NovaTax! NovaTax consists of the novataxintellligence.com website (the "Site")
which is comprised of various web pages operated by Nova Tax and Accounting Solutions Inc.
("NovaTax"). NovaTax is offered to you conditioned on your acceptance without modification of
the terms, conditions, and notices contained herein (the "Terms"). Your use of
novataxintellligence.com constitutes your agreement to all such Terms. Please read these terms
carefully, and keep a copy of them for your reference.
NovaTax provides federal and state tax news and research information for tax practitioners at
small to medium sized firms in the United States. Firms and individuals can purchase an annual
subscription to these products on the novataxintelligence.com web site.
Privacy
Your use of novataxintellligence.com is subject to NovaTax's Privacy Policy. Please review our
Privacy Policy, which also governs the Site and informs users of our data collection practices.
Electronic Communications
Visiting novataxintellligence.com or sending emails to NovaTax constitutes electronic
communications. You consent to receive electronic communications and you agree that all
agreements, notices, disclosures and other communications that we provide to you electronically,
via email and on the Site, satisfy any legal requirement that such communications be in writing.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and
password and for restricting access to your computer, and you agree to accept responsibility for
all activities that occur under your account or password. You may not assign or otherwise
transfer your account to any other person or entity. You acknowledge that NovaTax is not
responsible for third party access to your account that results from theft or misappropriation of
your account. NovaTax and its associates reserve the right to refuse or cancel service, terminate
accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
NovaTax does not knowingly collect, either online or offline, personal information from persons
under the age of thirteen. If you are under 18, you may use novataxintellligence.com only with
permission of a parent or guardian.
Cancellation/Refund Policy
Once an annual subscription has started the account may not cancel it. The annual subscription
will auto renew at the end of the term but the account can cancel the renewal at any time prior to
the end of the current subscription term.
Links to Third Party Sites/Third Party Services
novataxintellligence.com may contain links to other websites ("Linked Sites"). The Linked Sites
are not under the control of NovaTax and NovaTax is not responsible for the contents of any
Linked Site, including without limitation any link contained in a Linked Site, or any changes or
updates to a Linked Site. NovaTax is providing these links to you only as a convenience, and the
inclusion of any link does not imply endorsement by NovaTax of the site or any association with
its operators.
Certain services made available via novataxintellligence.com are delivered by third party sites
and organizations. By using any product, service or functionality originating from the
novataxintellligence.com domain, you hereby acknowledge and consent that NovaTax may share
such information and data with any third party with whom NovaTax has a contractual
relationship to provide the requested product, service or functionality on behalf of
novataxintellligence.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use
novataxintellligence.com strictly in accordance with these terms of use. As a condition of your
use of the Site, you warrant to NovaTax that you will not use the Site for any purpose that is
unlawful or prohibited by these Terms. You may not use the Site in any manner which could
damage, disable, overburden, or impair the Site or interfere with any other party's use and
enjoyment of the Site. You may not obtain or attempt to obtain any materials or information
through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the
compilation thereof, and any software used on the Site, is the property of NovaTax or its
suppliers and protected by copyright and other laws that protect intellectual property and
proprietary rights. You agree to observe and abide by all copyright and other proprietary notices,
legends or other restrictions contained in any such content and will not make any changes
thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create
derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.
NovaTax content is not for resale. Your use of the Site does not entitle you to make any
unauthorized use of any protected content, and in particular you will not delete or alter any
proprietary rights or attribution notices in any content. You will use protected content solely for
your personal use, and will make no other use of the content without the express written
permission of NovaTax and the copyright owner. You agree that you do not acquire any
ownership rights in any protected content. We do not grant you any licenses, express or implied,
to the intellectual property of NovaTax or our licensors except as expressly authorized by these
Terms.
You may reproduce and distribute limited excerpts and quotations from the Licensed Content,
solely in the regular course of tax and business research for you and your clients, provided that
(i) the purpose of such services is not to provide a publication or services similar to that of
NovaTax or our licensed content providers including Tax Analysts whether for free or for
consideration, (ii) such excerpt gives proper attribution to Tax Analysts as the source of such
excerpt or portion, and (iii) such portion or excerpt has no independent commercial value and is
not separately marketed by you.
NovaTax terms and conditions governing NovaTax Subscribers’ rights and obligations with
respect to the Licensed Content from Tax Analysts, notice of Tax Analysts’ intellectual property
ownership should be include the following:
All content © 2024 Tax Analysts, Inc. All rights reserved.
“Tax Analysts,” “Tax Notes,” Tax Notes Today,” “Tax Notes State,” Tax Notes Federal,”
“Tax Notes International,” “Tax Notes Research” and the “ta” logo are trademarks
registered trademarks of Tax Analysts, Inc. Unauthorized use of any Tax
Analysts, Inc., trademark is prohibited.
Where “2024” is the year (or years) in which Licensed Content is provided by
Tax Analysts under this Agreement.
Tax Analysts’ materials on NovaTax are made available to assist members of the tax and
accounting practitioner market, but not to provide legal advice to any person. Although
Tax Analysts believes that the information in the Licensed Content is accurate,
necessarily each user must exercise professional judgment or involve a professional to
provide such judgment when using these materials and take responsibility for their use.
Tax Analysts does not make, and no user receives, any warranty with respect to them,
AND PARTICULARLY NO WARRANTY OF NONINFRINGEMENT, NO
WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE AND NO WARRANTY
OF MERCHANTABILITY. NO EMPLOYEE OR AGENT OF TAX ANALYSTS IS
AUTHORIZED TO PROVIDE, AND THE USER MAY NOT RELY ON, ANY
REPRESENTATIONS OR WARRANTIES, WHETHER ORAL OR WRITTEN, WITH
RESPECT TO THE LICENSED MATERIALS BEYOND THOSE CONTAINED IN
THIS PARAGRAPH. Tax Analysts will defend against good faith, reasonable claims
that use of the Licensed Content infringes the copyright or other rights of any person.
NovaTax has a license to sell selected Tax Analysts content into specific customer segments in
the United States. If you and/or your firm are not in one of these segments you will not
be able to subscribe to NovaTax. As part of the NovaTax account creation process you
will be asked to acknowledge that you are in an approved segment. If it turns out you
and/or your firm are not in one of the approved segments NovaTax will terminate your
subscription. The approved segments are as follows:
● Small and mid-sized CPA firms, namely, CPA firms not on the Accounting Today 100 list;
● Solo CPAs and accountants
● Small and mid-sized accounting services, tax prep providers, and enrolled agents
● Corporations with less than $1 Billion in annual gross revenues
International Users
The Service is controlled, operated and administered by NovaTax from our offices within the
USA. If you access the Service from a location outside the USA, you are responsible for
compliance with all local laws. You agree that you will not use the NovaTax and Tax Analysts
content accessed through novataxintellligence.com in any country or in any manner prohibited
by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless NovaTax, its officers, directors, employees,
agents and third parties, for any losses, costs, liabilities and expenses (including reasonable
attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any
user postings made by you, your violation of any terms of this Agreement or your violation of
any rights of a third party, or your violation of any applicable laws, rules or regulations. NovaTax
reserves the right, at its own cost, to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you, in which event you will fully cooperate with
NovaTax in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or
concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or
otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved
only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a
single neutral arbitrator and administered by the American Arbitration Association, or a similar
arbitration service selected by the parties, in a location mutually agreed upon by the parties. The
arbitrator's award shall be final, and judgment may be entered upon it in any court having
jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of
or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs
and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to
these Terms and Conditions or any disputes arising as a result of these Terms and Conditions,
whether directly or indirectly, including Tort claims that are a result of these Terms and
Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and
enforcement of this provision. The entire dispute, including the scope and enforceability of this
arbitration provision shall be determined by the Arbitrator. This arbitration provision shall
survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class
arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE
THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S
INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY
PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH
AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE
OTHER. Further, unless both you and NovaTax agree otherwise, the arbitrator may not
consolidate more than one person's claims, and may not otherwise preside over any form of a
representative or class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. NOVA TAX AND ACCOUNTING SOLUTIONS INC. AND/OR
ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT
ANY TIME.
NOVA TAX AND ACCOUNTING SOLUTIONS INC. AND/OR ITS SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY,
TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE
PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. NOVA TAX
AND ACCOUNTING SOLUTIONS INC. AND/OR ITS SUPPLIERS HEREBY DISCLAIM
ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL
IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL NOVA TAX AND ACCOUNTING SOLUTIONS INC. AND/OR ITS SUPPLIERS BE
LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL,
CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING
OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE
SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES,
THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE
SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR
OTHERWISE, EVEN IF NOVA TAX AND ACCOUNTING SOLUTIONS INC. OR ANY OF
ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE
SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY
PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND
EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
NovaTax reserves the right, in its sole discretion, to terminate your access to the Site and the
related services or any portion thereof at any time, without notice. To the maximum extent
permitted by law, this agreement is governed by the laws of the State of North Carolina and you
hereby consent to the exclusive jurisdiction and venue of courts in North Carolina in all disputes
arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction
that does not give effect to all provisions of these Terms, including, without limitation, this
section.
You agree that no joint venture, partnership, employment, or agency relationship exists between
you and NovaTax as a result of this agreement or use of the Site. NovaTax's performance of this
agreement is subject to existing laws and legal process, and nothing contained in this agreement
is in derogation of NovaTax's right to comply with governmental, court and law enforcement
requests or requirements relating to your use of the Site or information provided to or gathered
by NovaTax with respect to such use. If any part of this agreement is determined to be invalid or
unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers
and liability limitations set forth above, then the invalid or unenforceable provision will be
deemed superseded by a valid, enforceable provision that most closely matches the intent of the
original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the
user and NovaTax with respect to the Site and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written, between the user and
NovaTax with respect to the Site. A printed version of this agreement and of any notice given in
electronic form shall be admissible in judicial or administrative proceedings based upon or
relating to this agreement to the same extent and subject to the same conditions as other business
documents and records originally generated and maintained in printed form. It is the express
wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
NovaTax reserves the right, in its sole discretion, to change the Terms under which
novataxintellligence.com is offered. The most current version of the Terms will supersede all
previous versions. NovaTax encourages you to periodically review the Terms to stay informed of
our updates. You agree to be bound by any changes by using our website after the changes are
made to our terms and conditions.
Contact Us
NovaTax welcomes your questions or comments regarding the Terms:
Nova Tax And Accounting Solutions Inc.
16535 Bastille Dr
Charlotte, North Carolina 28278
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Effective as of August 07, 2023