TERMS AND CONDITIONS OF SERVICE (“Agreement”)
- Acceptance of Terms.
- Provision of Services.
The purpose of the HomeTaxSavings.com Website is to provide homeowners, including, but not limited to, homeowners in single family developments, multifamily developments, and condos, with: (a) information and analysis concerning your annual real estate taxes, and (b) a mechanism to appeal your real estate tax assessment if you determine that your real estate tax assessment is too high, including providing you with both the analytical tools and the local jurisdiction’s required paperwork to appeal the assessment. The HomeTaxSavings.com Website is an assessment aid for purposes of analyzing your real estate taxes; it does not provide a market value appraisal of your home. The HomeTaxSavings.com Website and Assessment Solutions, LLC cannot guarantee real estate tax savings. Notwithstanding anything herein otherwise to the contrary, the HomeTaxSavings.com Website will indicate in which communities such services are available.
User acknowledges that the HomeTaxSavings.com Website is one useful tool of many available to User to analyze the real estate assessed value with respect to the real property tax appeal process.
User agrees and acknowledges that the HomeTaxSavings.com Website is entitled to modify, improve or discontinue any of its services at its sole discretion and without notice to User even if it may result in User being prevented from accessing any information previously accessible to User. Furthermore, User agrees and acknowledges that the HomeTaxSavings.com Website is entitled to provide services to User through subsidiaries or affiliated entities.
2.1 Basic Service.
For a fee, the HomeTaxSavings.com Website will provide information related to User’s home assessed value. Based on the variance between this information and the tax assessed value, the HomeTaxSavings.com Website will provide information to User to assist User in deciding whether or not to appeal the tax assessed value.
2.2 Advanced Service.
Under the Advanced Service, the HomeTaxSavings.com Website will prepare the paperwork for an assessment appeal after receiving User’s input. The paperwork for an assessment appeal will include:
- An analysis that compares User’s property with relevant comparable properties ;
- Data based on actual sales and market analysis applied to those sales in order to derive an indicated assessed value;
- An adjustment grid for presentation. including pictures. The sales grid will incorporate User adjustments that address ‘special’ factors related to User’s real property, such as adjacency to a noisy freeway;
- Completion of paperwork required by User’s local jurisdiction for a tax appeal. This paperwork will be attached to the underlying assessment analysis;
- Once completed the User will receive a PDF copy of all the information. User can then submit this completed package of information to the local jurisdiction, by email, by mail, or in person.
This information provided to User shall not be considered an appraisal or valuation of User’s real property. Furthermore, for materials User posts or otherwise provides to the HomeTaxSavings.com Website, User grants Assessment Solutions, LLC an irrevocable, perpetual, royalty-free worldwide license to use, copy, distribute, transmit, publicly perform, publicly display, reproduce, modify, edit, and translate User’s submissions, in connection with the HomeTaxSavings.com Website and any other media associated with Assessment Solutions, LLC. The HomeTaxSavings.com Website and Assessment Solutions, LLC, cannot guarantee that User will achieve tax savings.
- Proprietary Rights.
User acknowledges and agrees that the HomeTaxSavings.com Website may contain proprietary and confidential information including trademarks, service marks and patents protected by intellectual property laws and international intellectual property treaties. The HomeTaxSavings.com Website authorizes User to view and make a single copy of portions of its content for offline, personal, non-commercial use. The HomeTaxSavings.com Website content may not be sold, reproduced, or distributed without written permission from HomeTaxSavings.com Website. Any third-party trademarks, service marks and logos are the property of their respective owners. If user believes his or her work has been reproduced by the HomeTaxSavings.com Website so that copyright infringement has occurred, User should notify Assessment Solutions, LLC immediately, as indicated below. Pursuant to Title 17, U.S. Code, Section 512(c)(3), User should provide the HomeTaxSavings.com Website with the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notice should be sent to:
Assessment Solutions, LLC
Attention: Legal Staff
- User’s E-mail Address and Data.
When User provides User’s e-mail address, name or other information to the HomeTaxSavings.com Website in connection with use or access to the HomeTaxSavings.com Website, any service or tool provided on the HomeTaxSavings.com Website or otherwise, User agrees to allow the HomeTaxSavings.com Website and its affiliated websites to add User’s e-mail address, name or other information provided to our database of users. User may receive one or more promotional e-mails from either the HomeTaxSavings.com Website or a website of one of its affiliates. User is welcome to opt not to receive such promotional e-mails at any time.
- DISCLAIMER OF WARRANTIES.
USER UNDERSTANDS AND AGREES THAT USER’S USE OF THE HOMETAXSAVINGS.COM WEBSITE IS ENTIRELY AT USER’S OWN RISK AND THAT SERVICES PROVIDED BY THE HOMETAXSAVINGS.COM WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE”. THE HOMETAXSAVINGS.COM WEBSITE IS NOT A MARKET VALUE APPRAISAL; RATHER IT IS AN ASSESSMENT TOOL. THE HOMETAXSAVINGS.COM WEBSITE AND ASSESSMENT SOLUTIONS, LLC MAKE NO GUARANTEES AS TO DETERMINATIONS THAT MAY BE MADE BY GOVERNMENTAL ENTITIES IF USER SEEKS TO APPEAL USER’S REAL ESTATE TAX ASSESSMENT, INCLUDING, BUT NOT LIMITED TO, A REDUCTION IN REAL PROPERTY TAXES. THE HOMETAXSAVINGS.COM WEBSITE AND ASSESSMENT SOLUTIONS, LLC DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, ENDORSEMENTS OR REPRESENTATIONS WHATSOEVER AS TO THE OPERATION OF THE HOMETAXSAVINGS.COM WEBSITE, INFORMATION, CONTENT, MATERIALS, OR PRODUCTS. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND WARRANTIES THAT ACCESS TO OR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. HOMETAXSAVINGS.COM WEBSITE AND ASSESSMENT SOLUTIONS, LLC DO NOT PROVIDE ANY SPECIAL KNOWLEDGE OR EXPERTISE OF THE TAX ASSESSMENT PROCESS OR WITH REGARDS TO REAL ESTATE. IF USER IS DISSATISFIED WITH THE SERVICES PROVIDED BY THE HOMETAXSAVINGS.COM WEBSITE OR ASSESSMENT SOLUTIONS, LLC, USER’S SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE HOMETAXSAVINGS.COM WEBSITE. USER IS SOLELY RESPONSIBLE FOR MEETING ITS JURISDICTION’S DEADLINES FOR FILING REAL ESTATE TAX APPEALS; THE HOMETAXSAVINGS.COM WEBSITE AND ASSESSMENT SOLUTIONS, LLC, DO NOT MAKE REPRESENTATIONS OR WARRANTIES AS TO A JURISDICTION’S TAX ASSESSMENT APPEAL FILING DEADLINES.
- LIMITATION OF LIABILITY.
The HomeTaxSavings.com Website is provided “as is” and “as available”. The HomeTaxSavings.com Website and Assessment Solutions, LLC are not providing any warranties and representations regarding the website. The HomeTaxSavings.com Website and Assessment Solutions, LLC hereby disclaim all warranties of any kind with regards to the website, including but not limited to, any implied warranties of merchantability, non-infringement of third party rights, freedom from viruses or other harmful code, or fitness for any particular purpose. Further, the HomeTaxSavings.com Website and Assessment Solutions, LLC will not be liable for any delay, difficulty in use, inaccuracy of information, computer viruses, malicious code or other defect in this website, or for the incompatibility between this website and files and the User’s browser or other site accessing program.
User understands and agrees that the HomeTaxSavings.com Website, Assessment Solutions, LLC, and any of its subsidiaries or affiliates shall in no event be liable for any direct, indirect, incidental, consequential, or exemplary damages. This shall include, but not be limited to damages for failure to obtain successful appeal of assessment, failure to obtain property tax REduction, AN INCREASE IN USER’S REAL ESTATE TAX ASSESSMENT IF USER SEEKS AN APPEAL, loss of profits, business interruption, business reputation or goodwill, loss of programs or information or other intangible loss arising out of the use of or the inability to use the service, or information, or any permanent or temporary cessation of such service or access to information, or the deletion or corruption of any content or information, or the failure to store any content or information.
The above limitation shall apply whether or not the HomeTaxSavings.com Website or Assessment Solutions, LLC have been advised of or should have been aware of the possibility of such damages. In jurisdictions where the exclusion or limitation of liability for consequential or incidental damages is not allowed the liability of the HomeTaxSavings.com Website and Assessment Solutions, LLC is limited to the greatest extent permitted by law. No license to the User is implied in these disclaimers. The HomeTaxSavings.com Website and Assessment Solutions, LLC do not warrant the accuracy, adequacy, or completeness of the information and materials contained on the website. The HomeTaxSavings.com Website and Assessment Solutions, LLC expressly disclaims liability for errors or omissions in the materials and information.
6.1 The HomeTaxSavings.com Website Does Not Provide Legal or Tax Advice.
User should not rely on the HomeTaxSavings.com Website for legal or tax advice. The HomeTaxSavings.com Website is for user’s personal use only.
6.2 Indemnification and Release.
User agrees to defend and hold the HomeTaxSavings.com Website, its affiliates, and their respective directors, officers, employees and agents, harmless from any and all claims and demands made by a third party due to a breach of the terms of this Agreement.
User releases the HomeTaxSavings.com Website, its affiliates, and their respective directors, officers, employees and agents, from all liability related to claims arising out of this Agreement.
- External Content.
The HomeTaxSavings.com Website may include hyperlinks to third-party content, advertising or websites. User acknowledges and agrees that the HomeTaxSavings.com Website is not responsible for and does not endorse any advertising, products or resource available from such resources or websites.
This site has security measures in place to protect the loss, misuse and alteration of the information under our control. The only information about web site users stored on our web site computers are IP addresses. As a result, any violation of the security barriers in place on our web site cannot result in release of any other information about our web site users.
Credit card numbers and expiration dates are not stored on our system. When User provides credit card information, it is routed to the HomeTaxSavings.com Website’s bank’s computer. Once the HomeTaxSavings.com Website has received a response from the bank as to whether the charge is authorized or denied, the credit card information is purged from the system.
- Jurisdiction; Disputes
This Agreement, and the application or interpretation thereof, shall be governed exclusively by its terms and by the laws of the State of Maryland. For any action brought under this Agreement, each party agrees to submit to the jurisdiction of, and agree that venue is proper in Montgomery County, Maryland. IN ADDITION, BY USING THE HOMETAXSAVINGS.COM WEBSITE, USER WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION BROUGHT AGAINST THE HOMETAXSAVINGS.COM WEBSITE OR ASSESSMENT SOLUTIONS, LLC. In the event of any legal action arising under this Agreement or any asserted breach thereof by User or the HomeTaxSavings.com Website, the prevailing party shall be entitled to recover all costs and expenses, including reasonable attorneys’ fees, incurred in enforcing or attempting to enforce any of the terms, covenants or conditions of this Agreement, including costs incurred prior to commencement of legal action and in any appeal.
- Changes to the Terms. The HomeTaxSavings.com Website reserves the right to modify these Terms from time to time at its sole discretion and without any notice to user. Changes to the Terms become effective on the date posted. User’s continued use of the HomeTaxSavings.com Website after any changes to Terms will signify user’s agreement to be bound by such changes. The HomeTaxSavings.com Website or its suppliers may discontinue or make changes in the information, products, or services described herein at any time without prior notice to User and without any liability to User. Any dated information is published as of its date only, and the HomeTaxSavings.com Website does not undertake any obligation or responsibility to update or amend any such information. The HomeTaxSavings.com Website reserves the right to terminate any or all website offerings or transmissions without prior notice to User. Furthermore, by offering this website and information, products or services via this website, no distribution or solicitation is made by the HomeTaxSavings.com Website to any person to use the website or such information, products or services in jurisdictions where the provision of the website and such information, products or services is prohibited by law.
- Modification by Court. If any provision of this Agreement is deemed overbroad, unreasonable, or creating such a burden that a court would otherwise find such provision unenforceable, the parties agree that the court shall be authorized to modify such provision to the extent it believes reasonable so as to best carry out the intentions of the parties to the fullest extent allowed by a court of law or equity.
- Severability. The provisions of this Agreement are severable, and if any one or more provisions may be determined to be illegal, invalid or otherwise unenforceable, in whole or in part, and not otherwise subject to modification, the remaining provisions, and any partially unenforceable provision to the extent enforceable, shall, nevertheless, be binding and enforceable.
Last updated ____________, 2018.