Terms of Service
Welcome to the Internet sites of Abaca Tax ("Abaca"). Abaca includes Abaca, and other Internet sites affiliated with Abaca, (each a "Abaca Site"). Each Abaca Site is operated by Abaca, and its affiliates (collectively referred to herein as "we," "us," or "our"). PLEASE NOTE THAT YOUR USE OF THE Abaca SITE IS SUBJECT TO THE FOLLOWING TERMS ("TERMS OF SERVICE"). IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OF SERVICE, DO NOT ACCESS OR OTHERWISE USE THIS Abaca SITE OR ANY INFORMATION OR MATERIALS CONTAINED ON THE SITE. YOUR USE OF THE Abaca SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. THE TERMS OF SERVICE MAY BE UPDATED BY Abaca FROM TIME TO TIME WITH OR WITHOUT NOTICE TO YOU. YOUR CONTINUED USE OF THE Abaca SITE INDICATES ACCEPTANCE OF ANY MODIFICATIONS TO THE TERMS OF SERVICE. Abaca reserves the right to change these terms and conditions from time to time in its discretion. All terms and conditions are applicable to the extent permitted by law.
License and User Obligations
Abaca provides software, tools, registration services, filing services, payment distribution services, and/or notice resolution ("The Service").
Abaca grants you the limited right to use The Service in exchange for your proper payment to Abaca based on Abaca's published pricing or based on
any separate agreement between you and Abaca. You shall use The Service only for purpose of registration and filing of sales tax
You agree not to do any of the following while using the Abaca Site:
>> Intentionally or unintentionally violate any applicable law or regulation.
>> Access, tamper with, or use nonpublic areas of the Abaca Site or Abaca's computer systems.
>> Frame or link to the Abaca Site except as permitted in writing by Abaca.
>> Reverse engineer the software, registration and/or filing methods of Abaca.
>> Generate large and disproportionate loads or requests to Abaca servers.
You are responsible for the following while using the Abaca Site or The Service: You
>> Ensure your personal, company, and other information related to The Service are accurate, complete, and received by Abaca before Abaca provides The Service to you
>> Ensure your sales reports formats do not change over time and are preapproved by Abaca. Abaca reserves the right to charge a $75 setup fee if any report format is changed.
>> Ensure your sales reports are accurate, complete, and received by Abaca by the earlier of the timeline at Sales Tax Filing Timeline, or timeline emailed to you..
>> Authorize Abaca to withdraw tax and fees from your bank account, if required by Abaca. >> Ensure there is sufficient funds in your bank account before Abaca withdraws funds. If there is not sufficient funds, Abaca may charge you $100/occurrence as a handling fee.
>> Verify that your returns are filed and paid by Abaca every month.
If you have fulfilled all of your responsibilities above, then Abaca aims to file your electronic returns on a timely basis except that Abaca does not guarantee timeliness for the filing of paper returns because the jurisdictions sometimes lose the returns and Abaca has to resend. If you do not fulfill your responsibilities above, 1) Abaca may not be able to file your returns in a timely manner 2) you are responsible for any assessment fees imposed by the jurisdictions plus any cost charged to you or to Abaca by banks or third parties in addition to Abaca's handling fee for late filings/payments 3) You agree to pay separate consulting fees to Abaca for processing or resolving any assessment notices.
Third Party Content and Monitoring
Any opinions, advice, statements, services, offers, events or other information or content expressed or made available on this Abaca Site
by third parties (including information providers and users) are those of the respective author(s) or distributor(s) and not of Abaca.
Abaca neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement
made on this Abaca Site by anyone other than authorized Abaca employees acting in their official capacities.
You agree to abide by additional terms and conditions of use, if any, which may be associated with each service
that may be provided by third party companies.
The Abaca Site may contain links to other web sites or resources. You acknowledge and agree that Abaca is not responsible or liable for
(1) the availability or accuracy of such web sites or resources; or
(2) the content, advertising, or products on or available from such web sites or resources. The inclusion of any link on the Abaca Site does not imply that Abaca endorses the linked site or vice versa.
The website content, logos, trademarks, software, and methods used by Abaca to provide The Service, are the intellectual property owned by Abaca ("Abaca IP"). You have no ownership to Abaca IP. You retain ownership of your own sales reports, your company information and your personal information. All text, graphics, logos, icons, images, audio clips, processed reports, and software on the Abaca Site ("Site Content") are copyrighted materials owned by or licensed to Abaca. The Site Content may contain trademarks, service marks and trade names which are owned by Abaca and its affiliates, and may also contain brand and product names which are trademarks, service marks or trade names which are owned by certain third parties. Any Events described in the Site Content may be subject to other intellectual property rights, the exercise of which rights are expressly reserved by Abaca, its affiliates, or third parties. Unless authorized in writing by an officer of Abaca, Abaca's trademarks may not be used in connection with any product or service that is not Abaca's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Abaca. You may not sell, reproduce, distribute, copy, duplicate, resell, modify, display, publicly perform, prepare derivative works based on, frame, mirror, repost, exploit for any commercial purpose, or otherwise use any of the Site Content or The Service in any way for any public or commercial purpose without prior written consent of Abaca or the rights holder. You may not use the Site Content on any other web site or in a networked computer environment for any purpose. If you violate any of these terms, your permission to use the Site Content and/or The Service may be terminated by Abaca. You must immediately destroy any copies you have made of the Site Content or The Service. Nothing contained in the Abaca Site shall be construed as conferring any license or right under any copyright, trade secret, patent, trademark or other intellectual property rights ("IP Rights") of Abaca, its affiliates, or any third party, and, except as provided in these Terms of Service, the exercise of all such IP Rights in the services, products, processes or technologies described in the Site Content are expressly reserved to Abaca, its affiliates, and/or any third party, as applicable.
Any dispute relating in any way to the services provided by Abaca shall be submitted to confidential arbitration in Chicago, IL, except that, to the extent you have in any manner violated or threatened to violate Abaca's intellectual property rights, Abaca may seek injunctive or other appropriate relief in any state or federal court in the state of Illinois, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. The party who initiates the dispute will cover arbitration fees for both parties. The prevailing party may recover attorney's and arbitration fees from the other party.
You consent to do business electronically. You will notify Abaca in a timely manner if you have any change in information pertinent to The Service provided by Abaca to you. Abaca will give you any necessary notices by posting them on the Abaca Site or emailing to you. You authorize Abaca to send notices via electronic mail as well if Abaca decides, in its sole discretion, to do so. You agree to check the Abaca Site for notices, and that you will be considered to have received a notice when it is made available to you by posting on the Abaca Site or by other means of communications.
Disclaimer of Warranties
ALTHOUGH Abaca ENDEAVORS TO PROVIDE CURRENT, ACCURATE AND RELIABLE INFORMATION ON THE Abaca SITE, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE EVENTS OR THE ACCURACY, RELIABILITY OR ANY USE OF INFORMATION ON THE Abaca SITE. Abaca DOES NOT WARRANT THAT YOUR USE OF THE Abaca SITE, OR THE OPERATION OR FUNCTION OF THE Abaca SITE, THE SERVICE, ANY COMPONENT THEREOF, OR ANY PRODUCTS, SOFTWARE OR SERVICES OFFERED IN CONNECTION THEREWITH, WILL BE UNINTERRUPTED OR ERROR FREE; OR THAT DEFECTS THEREWITH WILL BE CORRECTED; OR THAT THIS SITE OR ITS SERVER IS FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. YOUR USE OF THE Abaca SITE IS AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIR OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE WEBSITE. Abaca AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE Abaca SITE OR THE SERVICE. THE Abaca SITE CONTENT AND THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY EXPRESS, IMPLIED OR STATUTORY WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, OR FITNESS FOR ANY PARTICULAR PURPOSE.
Limitation of Liability
IN NO EVENT SHALL Abaca, ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, LICENSORS, REPRESENTATIVES AND/OR ITS SUPPLIERS BE LIABLE FOR ANY 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 Abaca SITE OR THE SERVICE, THE USE OR PERFORMANCE OF THE Abaca SITE OR THE SERVICE, THE DELAY OR INABILITY TO USE THE Abaca SITE OR THE SERVICE, THE PROVISION OF OR FAILURE TO PROVIDE THE SERVICE, OR FOR ANY EVENTS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE Abaca SITE OR THE SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE Abaca SITE OR THE SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Abaca OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE Abaca SITE OR THE SERVICE, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Abaca SITE OR THE SERVICE. THIS SOLE AND EXCLUSIVE REMEDY IS SEPARATE AND INDEPENDENT OF ANY OTHER PROVISION THAT LIMITS Abaca'S LIABILITY OR YOUR REMEDIES.
Termination of your Abaca Account
Abaca may terminate your account and The Service at its discretion with or without notice. Abaca may terminate your Abaca Account and The Service with or without cause at any time effective immediately. We will not give any refund for termination related to conduct that Abaca determines, in its discretion, violates these Terms or any applicable law, involves fraud or misuse of The Service, or is harmful to our interests or another user. Abaca’s failure to insist upon or enforce your strict compliance with these Terms will not constitute a waiver of any of its rights.
Abaca shall be excused from performance under this Terms of Service if Abaca is prevented, forbidden or delayed from performing, or omits to perform, any act or requirement under this Terms of Service by reason of: (a) any provision of any present or future law or regulation or order of the United States of America, or any state thereof, (b) any act or omission of a third party, or (c) any act of God, emergency condition, war, bank, computer, network, or telecommunications delay, failure or other circumstance beyond the control of Abaca.
You agree to indemnify us, our officers, directors, affiliates, suppliers, employees and agents, from any loss or damages, including without limitation reasonable legal fees, which we may suffer from your activities on or use of The Service, including without limitation any breach by you of this Agreement or any charges or complaints made by other parties against you. You shall cooperate as fully as reasonably required in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you; provided, however, that you shall remain liable for any such claim.