These terms and conditions apply to Your purchase of Online Courses and Course Materials from Atlanta Tax, LLC, of 3355 Lenox Road, Suite 750, Atlanta, Georgia, USA 30326 (“Atlanta Tax, LLC” or “we” or “us”).
These terms and conditions are in addition to the Website Terms of Use and apply to the sale of any Online Course. Please read these terms and conditions carefully before purchasing an Online Course and print off a copy for your records.
1. Interpretation
You understand and acknowledge (i) once accepted by You, these are the legal terms agreed upon between us, and (ii) that no other content set forth in the Website, including without limitation FAQ responses, any communication by or between You and us, etc., shall contain an agreement binding the parties hereto nor shall any such content or communication, etc., be used to explain or augment any of these terms or conditions and agreements hereof.
2. Definitions
“Confidential Information” means information provided by one party to the other in written, graphic, recorded, machine readable or other form concerning the business, clients, suppliers, finances and other areas of the other party’s business or products, including, without limitation, Online Course, the Course Materials, or other information that by its nature, a reasonable person would know are intended to remain confidential, but does not include information in the public domain other than through the default of the party receiving the information, information required to be disclosed by any court or regulatory authority, information developed by a receiving party without reference to or use of the disclosing party’s information, or any information already in the possession or control of the disclosing party.
“Course Materials” means the information provided by Atlanta Tax, LLC, to accompany a course provided as part of the Services in hard copy or electronic form, including various materials, information, quizzes, tests, questions, articles, news and other information on this and related Websites.
“Fees” means the fees paid by You to Atlanta Tax, LLC, for Website access to the Online Course and/or the Course Materials.
“Intellectual Property Rights” means copyright, rights in or relating to databases, patent rights, performers’ rights, designs and registered designs, trademarks, rights in or relating to Confidential Information, and other intellectual property rights (registered or unregistered) throughout the world.
“Online Course(s)” means the delivery by us of an online course pursuant to which You learn course materials remotely.
“Services” means the provision of the Online Course and/or the Course Materials by means of services such as the web platform, software, shopping cart, etc., used to deliver such content purchased by You through the Website.
“Website” means https://atlanta.tax and https://courses.atlanta.tax.
“You” means the individual purchasing the Online Course and/or the Course Materials, through the Website, according to the terms and conditions set forth herein along with those agreements described in Section 1.1 hereof.
3. Use of Online Course and/or the Course Materials
Atlanta Tax, LLC, provides various Online Courses and Course Materials. Atlanta Tax, LLC, and will authorize You, following payment, to view Online Courses and to view and download one copy of the Course Materials. Course Materials may be downloaded and printed provided that You make no modifications to the Course Materials and retain all copyright and other proprietary notices contained in the original electronic versions. You agree all Online Courses and Course Materials confidential and warrant you will not modify, reproduce, share, or distribute them, whether by sale, auction, loan, renting, giving away, describing, summarizing, donation, or otherwise revealing the Online Courses, Course Materials, or their contents, to any third party person or entity.
4. Purchasing Online Course and/or the Course Materials
4.1. If purchasing any of the Online Course and/or the Course Materials on-line, You must register for an account with us via the Website. If You already have an account with us You can log into your account using your username and password, except as otherwise provided herein.
4.2. When You place an order for a Service via the Website, You are offering to purchase the Online Course and/or the Course Materials subject to these terms and conditions. Atlanta Tax, LLC, reserves the right to cancel or decline your order or any part of your order at any time until it has been confirmed in accordance with Section 4.4 below.
4.3. Following receipt by us of your order for Online Course and/or the Course Materials via the Website or on the telephone we will contact You confirming receipt of your order.
4.4. A legally binding agreement between us and You shall come into existence when we have:
(i) accepted your offer to purchase Online Course and/or the Course Materials from us by sending You an e-mail confirming the purchase; and
(ii) received full and final payment of the relevant Fees, in U.S. dollars, from You in accordance with Section 5 below.
4.5. Where your order consists of multiple Online Course and/or the Course Materials, each individual course will be treated by us as a separate offer to purchase. Acceptance of your offer to buy one or more Online Course and/or the Course Materials will not assure acceptance by us of your offer to purchase any other courses that make up your order unless specifically listed in our confirming receipt.
5. Cancellation and Variation
5.1. Subject to Section 5.2 below, where we have accepted/confirmed the Online Course and/or the Course Materials being purchased by You and formed a legally-binding agreement with You in accordance with Section 4.4 above, then You are permitted within five (5) working days starting on the day after the date we have concluded our agreement to cancel your purchase of the Online Course and/or the Course Materials, by giving written notice to us as set forth in Section 14 (notices).
5.2. If You have purchased an Online Course and have already accessed or downloaded all or part of the Online Course, and/or started to use that Online Course, then You shall have no right to cancel your order.
5.3. Other than Section 5.1, there is no right to cancel or vary your purchase of Online Course and/or the Course Materials and any other cancellation and/or variation of course dates will be at the entire discretion of Atlanta Tax, LLC.
6. Fees
6.1. The Fees for an Online Course and/or the Course Materials shall be as set out on the Website at the time You placed an order for them.
6.2. Unless otherwise specified at the time You purchase the Online Course and/or the Course Materials, the Fees are exclusive of sales, VAT, or other local taxes, the cost of some Course Material s, and, except when delivered electronically, any handling and shipping costs incurred in respect of the delivery of Course Material to You. Each of these costs will be set out in the Website prior to your purchase the Online Course and/or the Course Materials.
6.3 Fees for the Online Courses and/or the Course Materials selected by You on the Website shall be debited from your credit/debit card at the time of purchase. Fees must be paid in full prior to You accessing any Online Course.
6.4. Any fees charged by your debit or credit card provider in connection with your purchase of Online Course and/or the Course Materials are for your own account and Atlanta Tax, LLC, shall not be responsible for these.
6.4. You shall be responsible for all costs You incur in connection with your access onto any Online Course and/or the Course Materials.
7. Liability
7.1. No part of the provision of the Online Course and/or the Course Materials shall be deemed to be, nor is it intended to be, nor should it be taken to be, the provision of accounting, financial, tax, investment, legal, or other professional advice.
7.2. Although Atlanta Tax, LLC aims to provide the Online Course and/or the Course Materials to the highest standards of the education industry, You acknowledge and agree that neither it nor its trainers accept any liability for (i) any inaccuracy or misleading information provided in the Online Course and/or Course Materials or any reliance by Client on any such information, (ii) any loss or corruption of data, (iii) any fines, fees, costs, penalties, sanctions, or loss of profit, revenue, or goodwill, or (iv) any indirect, special, or consequential loss arising from any breach of the terms of this Agreement.
7.3. Except to the extent that they are expressly set out in these terms and conditions, no conditions, warranties (either express or implied), or other terms shall apply to the Online Course and/or the Course Materials (including without limitation any implied terms as to satisfactory quality, fitness for purpose, or conformance with description).
7.4. Subject to Section 7.5 below, Atlanta Tax, LLC's total liability arising from or in connection with these terms and conditions or any agreement between the parties hereto or in relation to anything that we may have done or not done in connection with such agreements or with the delivery of the Service or the Online Course and/or the Course Materials (and whether the liability arises because of breach of contract, negligence or for any other reason) shall be limited to the Fees received by us in connection with the relevant Online Course in relation to which a dispute has arisen.
7.5. Nothing in this Agreement shall exclude or limit Atlanta Tax, LLC’s liability for (i) death or personal injury caused by negligence, (ii) fraudulent misrepresentation or (iii) any other matter which under U.S. law may not be limited or excluded.
7.6. No claim may be brought more than six (6) months after the last date on which the Services or Online Course and/or the Course Materials concerned have finished or ceased to be provided by us.
8. Intellectual Property
8.1. All Intellectual Property Rights in the Services, Course Materials, and the Online Courses are, and remain, the intellectual property of Atlanta Tax, LLC, or its licensors, whether adapted, written for, or customized for You or not.
8.2. You are not authorized to:
(i) copy, modify, reproduce, re-publish, create derivative works, sub-license, sell, upload, broadcast, post, transmit or distribute any of the Online Courses or Course Materials without prior written permission;
(ii) record on video or audio tape, relay by videophone, or other means the Online Course;
(iii) use the Online Courses or Course Materials in the provision of any other course or training whether given by You or any third-party;
(iv) remove any copyright or other notice of Atlanta Tax, LLC, on the Online Courses or Course Materials; or
(v) modify, adapt, merge, translate, disassemble, decompile, reverse engineer (save to the extent permitted by law) any software forming part of the Online Courses or Course Material.
8.3. In consideration of the Fees paid by You, we grant to You a limited, non-transferable, non-exclusive license to use the Online Courses, Course Materials, and the Services required to access and use the Online Courses and/or Course Materials.
9. Termination
9.1. We shall be entitled to terminate these terms and conditions and cease to provide You with any or all access to your Website account, Online Course, and the Course Materials, in our sole discretion, with immediate effect in the event that You:
(i) fail to pay when due your Fees;
(ii) act in an aggressive, bullying, offensive, threatening, or harassing manner towards any employee of Atlanta Tax, LLC;
(iii) attempt to disable, hack, or otherwise render inoperative, or to convert to another your own use the Website by sharing your login information or otherwise; or
(iv) are in breach of these or any other terms and conditions between You and us, including without limitation those set forth in Section 8 (intellectual property).
9.2. On termination, any terms that by their nature suggest the parties’ intent to continue enforceability beyond termination shall continue, including without limitation, Section 7 (liability), 8 (intellectual property), and 13 (applicable law and jurisdiction)
10. Force Majeure
Atlanta Tax, LLC, shall not be liable to You for any breach of its obligations or termination under these terms and conditions arising from causes beyond its reasonable control, including, but not limited to, fires, floods, earthquakes, volcanoes and other Acts of God, terrorism, strikes, delay caused by transport disputes, Government edict or regulation, or failure to provide any Service or Online Course and/or the Course Materials due to an outage of Internet services or the web platform hosting the Website, Online Course and/or the Course Materials, etc., from any cause.
11. Assignment
Any Online Course and/or the Course Materials provided by us under these terms and conditions are personal to You, even if the Fee is paid for you or these terms and conditions accepted on your behalf by another person or entity and cannot be transferred or assigned to any other person or entity, including any entity that You own or control.
We may assign, transfer, or sub-contract any of our rights or obligations to any third party at our discretion.
12. Waiver
Failure to enforce strict performance of the Terms of Use of Use shall not be construed as a waiver of any provision or right.
13. Applicable Law and Jurisdiction
This Agreement is subject to laws of the State of Georgia, and the parties submit to the exclusive jurisdiction of the courts in and for Fulton County, Georgia, USA, in connection with any dispute hereunder.
14. Notices
You can contact us by any of the following methods:
Email: [email protected]
Mail: 3355 Lenox Road, Suite 750 Atlanta, GA 30326
15. Entire Agreement
These terms and conditions supersede any prior agreements and arrangements, whether written or oral. You confirm that You have not relied on any representations in entering into these and any other terms and conditions with us. Nothing in this Section or terms and conditions shall limit liability for any fraudulent misrepresentation.
16. Amendment
Each party to these terms and conditions understands and acknowledges that no amendment hereto shall be valid and binding unless it is presented in writing, referencing the title and execution date of this agreement, including sections thereof, and is signed by both parties.
For purchases via our website, by agreeing, You agree to the terms of this agreement which will bind You. If You do not agree to these terms and conditions, You must cease to continue to purchase any Online Course and/or the Course Materials from us. If you are a third party who is purchasing Online Course and/or the Course Materials on behalf of a different person who will be the user of the Online Course and/or the Course Materials, by agreeing, you represent and warrant that you have authority to bind such end user(s) to these Terms.