Terms of Use

This website, https://www.danielahart.com (the “Website”), is being provided by or on behalf of DATS Franchise Corp “Daniel Ahart Tax Service®,” “we,” “us” or “our”). This Website is oﬀered to you condition upon your acceptance without modiﬁcation, of all the terms and conditions set forth herein. BY ACCESSING OR VISITING THIS WEBSITE IN ANY MANNER, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO THESE TERMS OF USE AND OUR PRIVACY POLICY, WHICH IS INCORPORATED HEREIN BY REFERENCE; AND (B) AFFIRM THAT YOU ARE AT LEAST 18 YEARS OF AGE (OR HAVE REACHED THE AGE OF MA JORITY IN THE JURISDICTION WHERE YOU RESIDE). PLEASE READ THE TERMS OF USE CAREFULLY. IF YOU DO NOT ACCEPT ALL OF THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THIS WEBSITE.

The Website’s Terms of Use does not extend beyond the usage and content of https://www.danielahart.com. Daniel Ahart Tax Service® reserves the right at any time, at its sole discretion, to change or otherwise modify the Terms of Use without prior notice, and your continued access or use of this Website signiﬁes your acceptance of the updated or modiﬁed terms of use. Therefore, we recommend that you review the Terms of Use each time you use the Website.

General Information

Unauthorized use of this Website is strictly prohibited. Such unauthorized use includes, but is not limited to, unauthorized access, misuse of passwords, or any activity that could damage, impair, overburden or disable use of this Website or interfere with another party’s use of this Website. You may not engage in any activity that is contrary to any applicable law or regulation. You agree not to (i) violate or attempt to violate the security of this Website or interfere with the proper working of this Website or any associated computing systems or networks, or, where the Website is hosted by a third party, that third party’s computing systems or networks; (ii)attempt to gain unauthorized access to the Website or to any account or computer system connected to the Website, or access any materials other than those to which you have been given express permission to access; (iii) “ﬂood” the Website with requests or otherwise overburden, disrupt, or harm the Website or Daniel Ahart Tax Service®’s or any third party’s systems; or (iv) access or use the Website beyond the scope of the rights granted herein.

When accessing or using the Website, you agree that you will not upload or transmit any materials, documents or other information that:

is unlawful, abusive, malicious, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy rights or right of publicity, or otherwise objectionable;
constitutes or promotes sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
infringes upon, misappropriates, or otherwise violates any patent, trademark, copyright, moral right, or any other intellectual or industrial property rights or other rights of a third party;
encourages criminal conduct;
contains false, misleading, fraudulent, or deceptive claims or content;
gives the impression that it emanates from or is endorsed by Daniel Ahart Tax Service® or any other person or entity, if that is not the case; or
contains any virus, malware, spyware, or other harmful content or code.

When accessing or using the Website, you agree that you are accessing or using the Website in connection with obtaining service from us.

We reserve the right to modify, improve or otherwise correct any content, image, or information on this Website without prior notice. We also reserve the right to suspend or deny access to this Website for any reason, including without limitation, maintenance, upgrades, or to protect the security of this Website.

Daniel Ahart Tax Service® may freely use feedback you provide through use of the Website. You agree that Daniel Ahart Tax Service® may use your feedback, suggestions, or ideas in any way, including in future modiﬁcations of the Services, other products or services, advertising or marketing materials. You grant Daniel Ahart Tax Service® a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to Daniel Ahart Tax Service® in any way.

Third-Party Websites and Links

This Website may contain links to third party websites beyond our control. We do not take any responsibility for any information, materials, products and services posted or oﬀered on any of these third-party websites.

Third party websites may have their own terms of use that diﬀer from these Terms of Use. We do not monitor third party websites, and therefore, we are not responsible for the contents, hyperlinks or advertising they choose to place on their sites. Links to third party websites are provided for your convenience and reference only. Our Website’s Terms of Use do not extend beyond the usage of this Website, this Website’s content, and/or any related Website and content.

You acknowledge and agree that Daniel Ahart Tax Service® shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third party website content, goods or services available on or through any such site or resource.

Registration and Security

You understand that the use of a Daniel Ahart Account is creating a relationship with Daniel Ahart Tax Service® for the purpose of obtaining ﬁnancial products or services from the Company, including but not limited to tax preparation services, appointment booking, secure document storage, and other ﬁnancial products and services that may be available to you. Use of a Daniel Ahart Account (“Services” within

You are responsible for all materials (“Content”) uploaded, posted or stored through your use of the Services. You grant Daniel Ahart Tax Service® a worldwide, royalty-free, non-exclusive license to host and use any Content provided through your use of the Services. Archive your Content frequently. You are responsible for any lost or unrecoverable Content. You must provide all required and appropriate warnings, information and disclosures. Daniel Ahart Tax Service is not responsible for the Content or data you submit through the Services.

You agree not to use, nor permit any third party to use, the Services to upload, post, distribute, link to, publish, reproduce, engage in or transmit any of the following, including but not limited to:

Illegal, fraudulent, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, oﬀensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that would encourage “ﬂaming” others, or criminal or civil liability under any local, state, federal or foreign law;
Content that would impersonate someone else or falsely represent your identity or qualiﬁcations, or that constitutes a breach of any individual’s privacy;
Except as permitted by Daniel Ahart Tax Service® in writing, investment opportunities, solicitations, chain letters, pyramid schemes, other unsolicited commercial communication or engage in spamming or ﬂooding;
Virus, trojan horse, worm or other disruptive or harmful software or data; and
Any information, software or Content which is not legally yours and without permission from the copyright owner or intellectual property rights owners.

Community Forums. The Services may include a community forum, chat support, or other social features to exchange Content and information with other users of the Services, Daniel Ahart Tax Service® employees, and/or the public (“Community Forums”). Daniel Ahart Tax Service® does not support and is not responsible for the content in these Community Forums. Please use respect when you interact with other users. Users may post hypertext links to content of third parties for which Daniel Ahart Tax Service® is not responsible.

You agree that Daniel Ahart Tax Service® may use your feedback, suggestions, or ideas in any way, including in future modiﬁcations of the Services, other products or services, advertising or marketing materials. You grant Daniel Ahart Tax Service® a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to Daniel Ahart Tax Service® in any way.

Daniel Ahart Tax Service® may, but has no obligation to, monitor content on the Services. We may disclose any information necessary to satisfy our legal obligations, protect Daniel Ahart Tax Service® or its customers, or operate the Services properly. Daniel Ahart Tax Service®, in its sole discretion, may refuse to post, remove, or refuse to remove, any Content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of this Agreement.

As part of the voluntary registration process on danielahart.com, you will select a login and password. You also must provide us with certain registration information (e.g., name, email address) all of which must be accurate and complete. You may not select or use a login of another person with the intent to impersonate that person or use a login and password in which another person has rights without such person’s authorization. Failure to comply with the foregoing constitutes a breach of these Terms of Use.

You are responsible for maintaining the conﬁdentiality of your password. You shall notify Daniel Ahart Tax Service® of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password by calling (888) 963-1040 or emailing us at service@danielahart.com. You are responsible for all usage or activity on your account.

Information you provide through this Website is subject to the Website’s Privacy Policy. Please click here to see the full Website Privacy Policy.

Representations and Warranties; Acknowledgements.

You represent, warrant, and covenant that:

You are authorized to use the Website and the services, information, materials, and products oﬀered on the Website and to access the information and data that You input or import into the Website, including any information or data input or imported into the Website by any person you have authorized to use the Website;
You own, or otherwise have any necessary rights in and third party consents relating to such information and data, so that our receipt, possession, and processing of such information and data does not and will not infringe, misappropriate, or otherwise violate any intellectual property rights or any privacy or other rights of any third party or violate any applicable law, rule, or regulation;
You are authorized to access the processed information and data that is made available to you through your use of the Website.

Disclaiming of Warranties and Representations

THIS WEBSITE AND THE SERVICES, INFORMATION AND MATERIALS CONTAINED ON THIS WEBSITE ARE PRESENTED TO YOU WITHOUT ANY WARRANTIES OR REPRESENTATIONS. SERVICES, INFORMATION, AND MATERIALS ON THIS WEBSITE, INCLUDING TEXT, GRAPHICS, LINKS OR OTHER ITEMS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WE DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK.

WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, ADEQUACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION, MATERIALS, PRODUCTS OR SERVICES PROVIDED THROUGH THIS WEBSITE. WE DO NOT REPRESENT OR WARRANT THAT THE WEBSITE WILL BE AVAILABLE OR THAT IT WILL MEET YOUR REQUIREMENTS, THAT ACCESS WILL BE UNINTERRUPTED, THAT THERE WILL NOT BE DELAYS, FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, THAT NO VIRUSES OR OTHER CONTAMINATING OR DESTRUCTIVE PROPERTIES WILL BE TRANSMITTED OR THAT NO DAMAGE WILL OCCUR TO YOUR COMPUTER SYSTEM. YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT AND FOR UNDERTAKING REASONABLE AND APPROPRIATE PRECAUTIONS TO SCAN FOR COMPUTER VIRUSES.

WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, FUNCTIONALITY OR PERFORMANCE OF ANY THIRD-PARTY SOFTWARE THAT MAY BE USED IN CONNECTION WITH THIS WEBSITE. WE MAKE NO WARRANTY THAT ANY ERRORS WILL BE CORRECTED. NO ADVICE, SERVICE OR INFORMATION OBTAINED BY YOU THROUGH THIS WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT DANIEL AHART TAX SERVICE®, ITS SUPPLIERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGE FOR LOSS PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DANIEL AHART TAX SERVICE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), IN CONNECTION WITH (A) YOUR USE OF THIS WEBSITE, THE SERVICES, INFORMATION, MATERIALS, AND PRODUCTS OFFERED ON THE WEBSITE, OR ANY LINKED WEBSITE; (B) THE USE OR THE INABILITY TO USE THE WEBSITE OR DANIEL AHART TAX SERVICE’S SERVICES, OR THE SERVICES, INFORMATION, MATERIALS, AND PRODUCTS OFFERED ON THE WEBSITE; (C) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THIS WEBSITE. IN NO EVENT SHALL DANIEL AHART TAX SERVICE, ITS SUPPLIERS AND LICENSORS BE LIABLE TO YOU FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THIS WEBSITE DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE. SOME STATES DO NOT ALLOW THE LIMITATION AND/OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Indemniﬁcation

You agree to defend and indemnify Daniel Ahart Tax Service®, its respective aﬃliates, or subsidiaries, its suppliers and service providers, and any of its or their respective oﬃcers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, ﬁnes, penalties or other costs or expenses of any kind or nature, including but not limited to, reasonable legal and accounting fees, arising from claims by third parties as a result of or relating to (i) your breach of these Terms of Use, (ii) your violation of any law or the rights of a third party, or (iii) your use of this Website and/or the services, information, materials, and products provided through this Website.

Trademarks

You agree that all of Daniel Ahart Tax Service’s trademarks, trade names, service marks and other Daniel Ahart Tax Service logos and brand features, and product and service names are trademarks and the property of Daniel Ahart Tax Service® (the “Daniel Ahart Tax Service® Marks”). Without Daniel Ahart Tax Service’s prior permission, you agree not to display or use in any manner the Daniel Ahart Tax Service® Marks. Other logos and product and company names appearing in this Website may be the trademarks of their respective owners.

Proprietary Rights

You acknowledge and agree that this Website (including without limitation, all content), the services, information, materials and products provided through this Website, and any necessary software used in connection with this Website contains proprietary and conﬁdential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that the content contained in advertisements or information presented to you through third party websites or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by Daniel Ahart Tax Service® or the applicable licensor (such as an aﬃliate), you agree not to modify, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on this Website (including without limitation, the content) or the services, information, materials, and products provided through this Website, in whole or in part.

Governing Law

These Terms of Use shall be construed in accordance with the laws of the State of Georgia, without regard to any conﬂict of law provisions. Any dispute arising under the terms of use shall be resolved by the Superior Court of the State of Georgia in Fayette County or the United States District Court for the District of Atlanta in Georgia.

Waiver and Severability of Terms

The waiver of any provision of the Terms of Use shall not be considered a waiver of any other provision or of Daniel Ahart Tax Service®’s right to require strict observance of each of the terms herein. If any provision of the Terms of Use is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and eﬀect.

Force Majeure

We shall not be held liable for any delay or failure in performance of any part of the Website by reason of any cause beyond our reasonable control, including acts of God, acts of civil or military authority, government regulations, embargoes, epidemics, war, terrorist acts, riots, ﬁres, explosions, earthquakes, nuclear accidents, ﬂoods, hurricanes, tornadoes, major storms, strikes, power or telecommunications outages aﬀecting facilities, or acts or omissions of vendors, suppliers or common carriers.

Entire Agreement

These Terms of Use, together with the Privacy Policy referenced herein, constitute the entire agreement between you and Daniel Ahart Tax Service® and govern your use of this Website, and the services, information, materials, and products oﬀered on this Website, superseding any prior version of the Terms of Use. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Daniel Ahart Tax Service® services, aﬃliate services, or third party services, including, but not limited to, the terms of any engagement letter between you and Daniel Ahart Tax Service® with respect to tax preparation or tax debt resolution services. In the event of any conﬂict between these Terms of Use and any engagement letter, the terms of the engagement letter shall control.

Legal Age

You represent that you are of legal age to form a binding contract and are not a person barred from using this Website under the laws of the United States or other applicable jurisdiction.

Copyright in the pages and in the screens displaying the pages, and in the information and material therein and in their arrangement, is owned by Daniel Ahart Tax Service®. or their respective aﬃliates unless otherwise indicated.

Changes to The Terms of Use

The Terms of Use were last updated on November 6, 2020. Please check the Terms of Use periodically for changes. Changes to The Terms of Use will be posted 30 days prior to the effective date.