Last Modified: February 1, 2015
Welcome to ExciseRates!
A. DESCRIPTION OF SERVICES
B. ELECTRONIC COMMUNICATIONS
When you visit ExciseRates or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that any information you share with us may be used for any lawful purpose.
ANY ADVICE RECEIVED THROUGH EXCISERATES, DIRECTLY OR INDIRECTLY, SHOULD NOT BE RELIED UPON FOR PERSONAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. YOU ACKNOWLEDGE WE DO NOT PROVIDE PROFESSIONAL ACCOUNTING, TAX OPINIONS OR TAX MANAGEMENT ADVICE SPECIFIC TO THE FACTS AND CIRCUMSTANCES OF YOUR BUSINESS OR ANY OTHER BUSINESS AND THAT YOUR USE OF THE SERVICES DOES NOT CREATE ANY FIDUCIARY OBLIGATIONS ON THE PART OF AVALARA TO YOU. ALTHOUGH WE STRIVE TO ENSURE THAT DATA, CONTENT AND INFORMATION CONTAINED IN THE SERVICES ARE CURRENT AND ACCURATE, WE ARE DEPENDENT ON THIRD PARTIES, INCLUDING, BUT NOT LIMITED TO, STATE AND LOCAL GOVERNMENTAL AGENCIES, TO TIMELY UPDATE AND PROVIDE INFORMATION THAT AFFECT SUCH DATA AND INFORMATION. AS SUCH, YOU AGREE THAT YOU USE AND RELY UPON THE SERVICES AT YOUR OWN RISK AND YOU ACKNOWLEDGE THAT WE CANNOT GUARANTEE THAT ANY DATA AND INFORMATION CONTAINED IN THE SERVICES ARE ACCURATE, CURRENT AND WILL BE UPDATED IN A TIMELY MANNER.
IN ADDITION, DUE TO RAPIDLY CHANGING TAX RATES AND REGULATIONS THAT REQUIRE INTERPRETATION BY YOUR QUALIFIED TAX PROFESSIONALS, YOU BEAR FULL RESPONSIBILITY TO DETERMINE THE APPLICABILITY OF THE OUTPUT GENERATED BY THE SERVICES AND TO CONFIRM ITS ACCURACY. YOU ARE ENCOURAGED TO CONDUCT DUE DILIGENCE AND SEEK THE ASSISTANCE OF QUALIFIED TAX COUNSEL OR ACCOUNTING PROFESSIONALS ON MATTERS REQUIRING PROFESSIONAL ADVICE.
AVALARA AND ITS AFFILIATES, LICENSORS AND SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN ANY SERVICE. THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE SERVICES AND THE INFORMATION IN EXCISERATES. AVALARA AND ITS AFFILIATES, LICENSORS AND SUPPLIERS MAY MAKE IMPROVEMENTS TO, OR CHANGES IN, THE SERVICES AND THIS SITE AT ANY TIME, IN ITS SOLE DISCRETION AND WITHOUT NOTICE TO YOU.
YOU UNDERSTAND THAT YOU USE ANY SERVICE AT YOUR OWN RISK. ALL OF THE SERVICES ARE PROVIDED “AS IS,” “WITH ALL FAULTS” AND WITHOUT WARRANTY OF ANY KIND. AVALARA AND ITS AFFILIATES, LICENSORS AND SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS (IMPLIED, EXPRESS AND STATUTORY) WITH REGARD TO ALL SERVICES, INCLUDING, BUT NOT LIMITED TO, ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL AVALARA, ITS AFFILIATES, LICENSORS OR SUPPLIERS BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR ANY OTHER LOSS OR DAMAGE WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES RESULTING FROM LOSS OF USE, DATA OR PROFITS), WHETHER IN AN ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, TORT OR OTHER ACTION, ARISING OUT OF OR IN CONNECTION WITH THIS SITE OR ANY SERVICE.
D. ACCOUNT, PASSWORD AND SECURITY
If any of the Services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a username. You are entirely responsible for maintaining the confidentiality of your password, username and other account information. Furthermore, you are entirely responsible for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damages that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses or damages incurred by us or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.
E. NO UNLAWFUL OR PROHIBITED USE
We have no obligation to monitor your use of the Services. Avalara reserves the right at all times to disclose any information as we deem necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at our sole discretion. Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Service.
Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction or dissemination. You are responsible for adhering to such limitations.
F. TERMINATION/ACCESS RESTRICTION
We reserve the right, at our sole discretion, to terminate your access to the site or any Service or any portion thereof at any time, immediately, and without notice to you.
G. INTELLECTUAL PROPERTY OWNERSHIP AND LICENSES
We do not claim ownership of the feedback or suggestions you provide to us (“Submissions”). However, by providing your Submission, you are granting Avalara and necessary sublicensees a perpetual, worldwide, royalty-free, irrevocable, transferable, sublicenseable right to use your Submission in connection with the operation of their internet businesses, including, without limitation, the license rights to: (1) copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; (2) publish your name in connection with your Submission; and (3) sublicense such rights to any supplier of the Services. No compensation will be paid to you with respect to the use of your Submission.
For the purposes of this Agreement and except in the cases of our gross negligence or intentional harm, you will defend and indemnify us against all claims and losses to the extent that such claim or loss arises under this Agreement or from your use of the Services.
I. LINKS TO THIRD PARTY SITES
THE LINKS IN OR ACCESSIBLE THROUGH EXCISERATES TO A SITE OPERATED BY A THIRD PARTY WILL LET YOU LEAVE EXCISERATES. SUCH LINKED THIRD-PARTY SITES ARE NOT UNDER THE CONTROL OF AVALARA AND WE ARE NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED THIRD-PARTY SITE OR ANY LINK CONTAINED IN A LINKED THIRD-PARTY SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. WE ARE NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED THIRD-PARTY SITE. WE ARE PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE AND THE INCLUSION OF ANY SUCH LINKS DOES NOT IMPLY ENDORSEMENT BY AVALARA OF SUCH SITES.
J. UNSOLICITED IDEA SUBMISSION POLICY
Avalara or any of its employees, affiliates or agents do not accept or consider unsolicited ideas, including, but not limited to, ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans or new product names. Please do not send us any original creative artwork, writings, samples, demos, other works, ideas or information (collectively, “Submissions”). The sole purpose of this policy is to avoid potential misunderstandings or disputes when/if Avalara’s products or marketing strategies might seem similar to Submissions you provided to us. Please do not send your unsolicited Submissions to Avalara or anyone at Avalara. If, despite our request that you not send us your Submissions, you still send them, please understand that by providing your Submissions, you provide us with a perpetual, worldwide, irrevocable, and royalty free license to all legal rights therein, including all rights to use your Submission commercially without payment to you.
K. GENERAL PROVISIONS