aspire4more

Terms of Service

Last Revised: November 14, 2025

 

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES. THESE TERMS CONTAIN IMPORTANT CANCELLATION AND DISPUTE RESOLUTION PROVISIONS. THE DISPUTE RESOLUTION PROVISIONS REQUIRE YOU TO SUBMIT TO ARBITRATION, WHICH MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. BY USING THE SERVICES, YOU ARE AGREEING TO COMPLY WITH THESE TERMS. DO NOT PURCHASE OR USE THE SERVICES IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS.

 

Aspire4More, including its parent companies, subsidiaries, and affiliates (collectively, “Aspire,” “us,” or “we”), provides various business training and consulting services. Our Aspire app technology enables users to participate in meetings, events, conferences, trade shows, and training sessions (collectively referred to as “Events”). We require that all users, including customers, clients, organizers, event planners, trainers, end users, participants, and attendees, to the extent applicable (together “you” or “yours”) of our services, websites, and mobile applications adhere to the following terms and conditions of use (these “Terms”). These Terms govern your participation in and use of our services and any content or information therein, including the Aspire Apps, our Web Apps, and any other website pages on which services are provided by us (collectively, the “Services”). 

 

If you intend to enter or have entered into a separate agreement with Aspire concerning your use of the Services, the specifics shall be documented in one or more Services Agreement(s) or exclusive Terms of Service Agreements, which, once approved by you and Aspire (each, a “Services Agreement”) shall become an integral part of these Terms; otherwise, your purchase and use of the Services is subject to and governed under these Terms. The Services Agreement shall govern solely concerning the specific Services covered thereunder and will supersede these Terms to the extent they are in conflict. 

 

By accessing and using the Services, you agree, on your behalf and on behalf of any corporation or other legal entity that you represent or for which you access the Services (collectively, “you” or “your”), to be bound by and comply with these Terms and to comply with all applicable laws and regulations. 

 

You hereby waive all applicable rights to require an original (non-electronic) signature, delivery, or retention of non-electronic records to the extent not prohibited under applicable law.

  • CHANGES TO THESE TERMS AND THE SERVICES

We may change these Terms at any time, and all such changes are effective immediately upon notice, which we may give by any means, including but not limited to posting a revised version of these Terms or other notice on Aspire’s website. However, material changes, such as pricing and payment terms, service scope and core features, cancellation and refund policies, and the duration of the purchased services, will not take effect for you until the end of your applicable term, unless the changes are required by law.

 

You should view these Terms periodically to stay informed of any updates. Your continued use of the Services after the effective date of any changes constitutes your acceptance of the revised Terms, except that material changes will not apply to you during your applicable term.

 

We expressly reserve the right to make any changes that we deem appropriate from time to time to our applications or any information, text, data, databases, editorial content, graphics, design elements, images, photographs, sound recordings, audio and visual clips, logos, software, opportunities, features, services, and other materials within the Services (all such materials, and any compilation, collection, or arrangement thereof, the “Content”).

  • PRIVACY POLICY

Information that you provide to us or that we collect about you or your Company through your access to and use of the Services is governed by our Privacy Policy, available at https://www.aspire4more.com/privacy, the terms of which are hereby incorporated by reference into these Terms. We encourage you to read and become familiar with our Privacy Policy.

  • ORDER CONFIRMATION

Your order is confirmed when we send you a confirmation in the form of a confirmation page or email (“Order Confirmation”). If you do not receive an Order Confirmation after submitting payment information, or if you experience an error message or service interruption after submitting payment information, it is your responsibility to confirm whether or not your order has been placed. Only you may be aware of any problems that may occur during the purchase process. We will not be responsible for losses (monetary or otherwise) if you assume that an order was not placed because you failed to receive confirmation.

  • SERVICE FULFILLMENT AND TERM

Unless expressly stated otherwise in writing or governed by a separate agreement, all purchased services are provided for twelve (12) consecutive months from the date of purchase. Services may not be accrued or rolled over beyond this period. It is your responsibility to attend all scheduled live events, coaching sessions, calls, or virtual meetings included in your purchase. If you are unable to participate in any portion of a scheduled service, we may, at our sole discretion, provide alternate fulfillment, such as access to recordings or comparable training materials, at no additional cost. Unless explicitly stated in writing, registration for any live event does not include airfare, lodging, ground transportation, or other travel-related expenses.

  • SPECIAL TERMS AND OFFERS

From time to time, certain purchases may be subject to separate terms, including promotional offers, warranties, or other representations, which apply only when expressly disclosed in connection with that specific product or service at the time of purchase. Any such terms are governed solely by their own documentation or disclosures and do not modify or become part of these Terms. Unless expressly stated at the time of your transaction, no additional warranties, guarantees, or promotional terms apply.

  • CANCELLATIONS AND REFUNDS

Ticketed Events

 

All sales for ticketed events are final and non-refundable, except in limited circumstances as expressly described in these Terms or in the section titled “Postponed, Rescheduled, and Moved Events.” Please carefully review your event and ticket selection before completing your purchase.

 

If an event qualifies for a refund and we have received the funds, we will refund the price paid for the ticket (or, if a discounted ticket, the discounted amount), any service fees, and eligible add-ons (such as parking). Merchandise purchases and other non-ticketed charges are not refundable.

 

We may occasionally offer event tickets at a discount after the original on-sale date. Please note that no refunds or credits will be issued for price differences.

 

Ticket refunds, if approved, are issued to the original method of payment only. We cannot issue refunds to alternate cards or payment methods. If a new card has been issued for the same account, the refund will be processed to that account.

 

We may, at our discretion, offer credits in place of refunds for eligible events that are canceled, postponed, rescheduled, or moved. Credits may only be applied toward eligible future events and may be subject to expiration or other use restrictions. Please refer to your credit notification for specific terms.

 

Exchanges may be available for select events and ticket types. Exchanges are not available for resale, VIP, bundled, or time-sensitive tickets (less than 24 hours before the event start). A per-ticket exchange fee may apply.

 

All merchandise purchases are final and non-refundable. No refunds, credits, or exchanges will be provided for merchandise.

 

All Other Purchases

 

Unless expressly stated otherwise, you have the right to cancel any non-ticket purchase within three (3) business days of the purchase date for a full refund. If you are 65 years of age or older, you may cancel within twenty-one (21) calendar days. To cancel, please contact us at support@aspire4more.com, call (904) 822-7744, or send a signed, dated copy of your Order Confirmation by mail to 90 Fort Wade Road, Ponte Vedra, FL 32081.

 

If eligible and approved, we will issue a refund within ten (10) calendar days to the original payment method used at the time of purchase. We cannot issue refunds to different credit or debit cards.

 

We may offer services at a discount after the initial on-sale date, but we do not refund any difference between the original and sale price.

 

Refund Limitations and Chargebacks

 

Refunds cannot be processed to alternate cards or accounts. This policy may not be combined with any other refund offer, satisfaction guarantee, or promotional credit.

 

You agree not to attempt to evade, avoid, or circumvent any refund prohibitions. This includes disputing or seeking a chargeback from your credit card provider for purchases made on our platform. If you do so, we reserve the right to cancel your services or tickets immediately, and to block future purchases from all accounts or individuals associated with such chargebacks.

  • POSTPONED, RESCHEDULED, AND MOVED EVENTS

Occasionally, events are postponed or rescheduled to a different date or time, or moved to a different venue:

 

If the event is postponed, rescheduled, or relocated, your ticket(s) (including any additional add-ons or upgrades, such as VIP or parking) remain valid, and no further action is required. However, we may consider refunds or the option to choose between a refund and a credit for an event or service. Any refund and credit policies are determined on a case-by-case basis by us and may be subject to limitations set by us at the time of purchase. If we approve refunds or credits, we will send you a notification explaining your options, and you may submit a request for a refund or credit. Alternatively, you may retain your ticket(s) for the postponed, rescheduled, or relocated event.

 

If the event is postponed, rescheduled, or relocated, we will attempt to contact you to update you on the event’s status and inform you of any credit or exchange procedures. For exact instructions on any postponed, rescheduled, or relocated event, please contact us at info@aspire4more.com.

 

We will not be liable for any travel or other expenses incurred by you or anyone else in connection with a postponed, rescheduled, or relocated event.

  • PROMOTIONAL AND OTHER INFORMATION

We may make information regarding specific programs, offers, or promotions that we are conducting available on our applications and websites. Any such program, offer, or promotion is subject to the specific terms, conditions, and restrictions listed on the applications and websites in connection with such program, offer, or promotion. We reserve the right to alter or withdraw any program, offer, or promotion at any time. Each program, offer, and promotion is void where prohibited by law. Please refer to and carefully read the terms, conditions, and restrictions associated with each program, offer, or promotion on the application and website.

 

Our applications and websites may contain technical inaccuracies and typographical errors, including but not limited to inaccuracies relating to pricing or availability applicable to your transaction. We do not assume responsibility or liability for any such inaccuracies, errors, or omissions, and shall have no obligation to honor reservations or information affected by such inaccuracies. We reserve the right to make changes, corrections, cancellations, or improvements to our applications, websites, and the products and programs described therein at any time, without notice, including after a transaction has been confirmed.

  • MOBILE MESSAGING

We may, from time to time, offer browsing and mobile messaging services, which may include Promotions, offers for services, and confirmation, reminder, and service-related messages. You may choose to receive mobile messages by signing up or participating in an event or Promotion. If you do, you authorize us to use automated technology to send messages to the mobile phone number you supply when you sign up. Your consent to receive mobile communications is not required to place an order with us.

 

Message and data rates may apply, as per the rate plan provided by your wireless carrier. We will not be responsible for any text messaging or other wireless charges incurred by you or by a person who has access to your wireless device or telephone number. You may not receive our messages if your carrier does not permit text alerts. Your carrier may not allow you to use pre-paid phones or calling plans to receive alerts. We may send you a bounce-back message for every message you send to us. Service may not be compatible with all wireless carriers or devices.

 

You may opt out of any alerts by replying to a message with the text message “STOP”. If you opt out by sending us a text message, we may send you a text to confirm your request. If you do not want to receive a confirmation text message, you may opt out by sending an email to info@aspire4more.com with your request and mobile device number. It may take up to 10 days for us to remove your mobile device number from our database. For additional help, text “HELP” to any text message or email info@aspire4more.com.

  • USER LICENSE, ACCESS, AND USE

You may access and use the Services only for lawful purposes. Any other access to or use of the Services or the Content constitutes a violation of these Terms and may violate applicable copyright, trademark, or other laws. We make no representation that the Content is appropriate or available for use in your location. A reference to a product, service, or feature on our applications or websites does not imply that such product or service is or will be available in your location. The Content, including advertising content, is intended for use and display only where its use and display are permissible by applicable laws and regulations. Each product or service is void where prohibited by law.

 

You may not access, use, or copy any portion of our applications, websites, or any of the Content through the use of bots, spiders, scrapers, web crawlers, indexing agents, or other automated devices or mechanisms. You agree not to remove or modify any copyright notice or trademark legend, author attribution, or other notice placed on or contained within any of the Content. Except as expressly authorized by us in writing, in no event will you reproduce, redistribute, duplicate, copy, sell, resell, or exploit for any commercial purpose any portion of our applications, websites, or the Content or any access to or use of our applications, websites, or the Content.

  • AGE REQUIREMENTS

No one under the age of 18 may use the Services. By using or attempting to use the Services, you represent that you meet the age requirements and are capable of entering into legally binding contracts, including these Terms.

  • RESTRICTIONS ON ACCESS

You represent and agree that all information you provide to us in connection with your access to and use of the Services is true, accurate, and complete to the best of your knowledge and belief. Aspire reserves the right, at its sole discretion, to terminate your access to all or part of the Services, without notice or liability, for any reason, including, but not limited to, the breach of any agreement between you and Aspire, including, without limitation, these Terms. Following any such termination of access, you will continue to be bound by this agreement to the fullest extent applicable.

 

Upon being notified that your access to the Services has been terminated, you must destroy any materials you have obtained from the Services. You may not access the Services after termination without our prior written approval. After terminating your access, Aspire will retain all rights, including all intellectual property rights, proprietary rights, and licenses retained in these Terms, and the limitations upon your use and treatment of Content will remain in full force.

  • ACCOUNTS

To set up an account with us, you may be asked to provide your first and last name, email address, phone number, password, and other personal information as required (details are outlined in our Privacy Policy). You also must acknowledge and agree to these Terms to create an account. You must provide accurate information when setting up an account and keep all account information current.

 

You are responsible for maintaining the confidentiality of your password and account. You are fully responsible for all uses of your password and account, including any unauthorized use. You agree to (i) keep your password confidential and not share it with anyone else and (ii) immediately notify us of any unauthorized use of your password or account.

 

You acknowledge and agree that we are authorized to act on instructions received through the use of your password and account and that we may, but are not obligated to, deny access or block any transaction made through the use of your password or account without prior notice if we believe your password and account are being used by someone other than you, or for any other reason.

 

When you register an account with us, you will be prompted to give your consent to our processing of your data. By indicating your consent, you expressly authorize Aspire to collect and process your data consistent with the purposes described in our Privacy Policy.

  • USER-SUPPLIED CONTENT

You will retain ownership of all Content that you post and permit us to use. You hereby grant to Aspire the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to access, use, process, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, import, and display all content, remarks, suggestions, ideas, graphics, or other information communicated, submitted, and transmitted to Aspire through the Services or any Content (together, the “User-Supplied Content”), and to incorporate any User-Supplied Content in other works in any form, media, or technology now known or later developed. In the absence of a specific agreement with Aspire to the contrary, Aspire will not be required to treat any User-Supplied Content as confidential and may use any User-Supplied Content in its business (including, without limitation, for services, products, or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Aspire operations.

 

You understand and agree that User-Supplied Content may include information, views, opinions, recommendations, and offers of many individuals and organizations and is designed to help you gather the information to help you make your own decisions. You are responsible for your financial or investment decisions, properly verifying any information you intend to rely upon, conducting your due diligence, and relying upon your own expert opinions from licensed professionals. We do not endorse any recommendations or opinions made by users of the Services. We do not routinely screen, edit, or review User-Supplied Content. We reserve the right to monitor or remove User-Supplied Content from the Services at any time without notice. You should be aware that other users may not be who they claim to be. We do not conduct background checks on any of our users’ profiles. We do not guarantee the accuracy of users’ profiles. You should be aware that other users may use our Services for personal gain. As a result, please approach messages with appropriate skepticism. User-supplied content may be misleading, deceptive, or in error.

 

You understand that we may use your Content, but we are not obligated to do so. You know that we may edit or remove Content from any use or material for any reason and at any time without notice. You understand we cannot be responsible for any third-party use of your Content, even if that use is derived from our use.

 

By posting any Content through our Services, you provide your consent for Aspire to process any of your data contained in such posts, subject to our Privacy Policy, if applicable. 

  • USER CONDUCT AND ACCEPTABLE USE

In connection with your access and use of the Services and that of any person authorized by you to access and use the Services, you are responsible for complying with all applicable laws, regulations, and policies of all relevant jurisdictions, including all applicable local rules regarding online conduct.

 

You may not and ensure that you do not post, send, submit, publish, collect, or transmit in connection with the Services or any Content any material that:

 

  • you do not have the right to transmit, including proprietary material of any third party;
  • advocates illegal activity or discusses an intent to commit an unlawful act;
  • is vulgar, obscene, pornographic, or indecent;
  • does not pertain directly to the Services;
  • threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening, or offensive;
  • seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details, or otherwise;
  • infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights, trademarks, or their rights of publicity;
  • violates any law or may be considered to violate any law;
  • impersonates or misrepresents your connection to any other entity or person, or otherwise manipulates headers or identifiers to disguise the origin of the content;
  • advertises any commercial endeavor or otherwise engages in any commercial activity except as may be specifically authorized or by any applicable Services Agreement;
  • solicits funds, advertisers, or sponsors;
  • includes programs that contain viruses, worms, Trojan horses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications;
  • includes any sensitive personal data (including social security number, driver’s license number, financial account information, State identification card, or passport number, etc.);
  • disobeys any policy or regulations established from time to time regarding your use of the Services or any networks connected to our applications and websites; or
  • contains links to other sites that contain content falling within the descriptions above.

 

In connection with your use of the Services, you must also comply with the following rules of conduct:

 

  • You will not attempt to harvest any personally identifiable information, such as names, phone numbers, or email addresses, for any commercial use, and you will not collect or store personal information about any other individual or user of the Services;
  • You will not impersonate any other person or misrepresent a relationship with any person or entity, including misrepresenting a relationship with Aspire, and you will not adopt a false identity if the purpose of doing so is to deceive or defraud another; or
  • You will not send any bulk unsolicited advertising, promotional information, commercial email, or other solicitation to any person through the use of the Services.

 

Aspire reserves the right to monitor your use of the Services and Content to determine compliance with these Terms at its sole discretion and the right to edit, remove, or refuse any information for any reason. Notwithstanding these rights, you remain solely responsible for the content of your Submissions. You acknowledge and agree that neither Aspire nor any third party that provides Content to Aspire will assume or have any liability for any action or inaction by Aspire or such third party concerning any Submission or User-Supplied Content.

  • KEYNOTE SPEAKERS AND OTHER PRESENTERS

Our events typically feature several keynote speakers and other speakers delivering content that encompasses professional, personal, and financial growth. Any agenda, schedule, presentation length, and format may vary by event. If circumstances beyond our control prohibit or limit a particular promoted speaker from attending, we may attempt to arrange for the speaker to be available via video conference or live broadcast. In any case, no refund will be owed if a speaker or presenter is replaced or canceled.

  • THIRD-PARTY CONTENT AND LINKS TO THIRD-PARTY WEBSITES

Our Services and event content may contain sponsored advertisements, third-party-owned content, links, or other material directing you to other services and websites. We do not endorse, sponsor, recommend, or otherwise accept responsibility for any third-party services or linked websites.

 

Aspire is not liable for any damages or losses related to your use of the Services. We don’t mediate disputes between you and any third party relating to the use of the Services. We do not determine individual third-party project risk or the likelihood of success, oversee the performance or timeliness of projects, or endorse any content third parties provide on our website, in our Mobile Apps, or deliver at our events. When you use our Services or attend our events, you release us from claims, damages, and demands of every kind – known or unknown, suspected or unsuspected, disclosed or undisclosed – arising out of or in any way related to such disputes and the Services. All content you access or receive through the Services is at your own risk. You are solely responsible for any resulting damage or loss to any third party, whether they are a presenter, participant, attendee of an event, or user of the Services.

  • INTELLECTUAL PROPERTY

You understand and agree that we own, or (where applicable) we have lawfully licensed from third parties, all rights, title, and interest in and to the Services and all the Content (excluding user-supplied content). You acknowledge and agree that the Content constitutes valuable proprietary information protected by applicable intellectual property and other proprietary rights, laws, and treaties of the United States and other countries and that you acquire no ownership interest by accessing or using the Services or the Content. Such intellectual property and proprietary rights may include, but are not limited to, copyrights, trademarks, service marks, trade dress, and trade secrets, as well as all such rights and the property of Aspire or its licensors and Content providers. For the avoidance of doubt, we also own all intellectual property rights to the Aspire App, which was created and published through a developer account (i.e., App Store, Google Play).

  • REPRESENTATIONS

No oral or written representations have been made other than or in addition to those stated in the product description, scope of services, or these Terms. Please do not rely on any oral or written statements made by us or our representatives, employees, or affiliates in entering into this agreement. Any comments, representations, or descriptions not contained in these Terms or referenced documents do not constitute a representation or warranty by us. Your use of the Services is at your own risk and is subject to your direction. We do not represent or warrant that the information provided by us is free from error or suitable for all people in all circumstances. The information provided by us is not intended to replace or serve as a substitute for any legal, investment, tax, or other professional advice.

 

If the Services or event content contains investing-related information, you should be aware of the following:

 

Investing Risk. Investments are speculative and may carry substantial risk of loss. Anyone considering an investment should exercise caution by conducting thorough due diligence and obtaining advice from professional financial advisors and attorneys to fully understand and evaluate the individual transaction risks, consequences, and suitability before acting on any information provided by a third party.

 

No Guarantees. Past performance, as indicated in potential analyses, is not necessarily indicative of future results. All investments carry risk, and all investment, financial, or legal decisions made by an individual remain the specific responsibility of that individual. Investors should thoroughly understand all risks associated with any investment they choose and consider seeking advice from professional or licensed advisors.

 

Hypothetical Scenarios and Examples. Hypothetical or simulated performance is not always indicative of future results. You should carefully evaluate any representations or warranties whatsoever that you will, or are likely to, achieve profits similar to those shown because hypothetical scenarios or simulated performance do not necessarily indicate future results. Estimated projections or historical performance do not always represent or guarantee the actual results of any transaction. Do not enter any investment without fully understanding the worst-case scenarios of the investment.

 

Due Diligence and Professional Advice. The information provided by a third party or any party seeking an investment is not intended to replace or serve as a substitute for any legal, tax, or other professional advice, consultation, or service. Each investment carries unique opportunities, risks, and consequences. As such, you should consult with a professional in the respective legal, tax, accounting, or other professional areas before making any decisions or entering into any contracts about an investment. No content contained in the Services or event material or any other medium should be construed or intended to be a recommendation to purchase or invest in any business, asset, or security or otherwise to be investment, tax, financial, accounting, legal, regulatory, or compliance advice.

 

We encourage you to review and evaluate any investments at your discretion and determine the appropriateness of making the particular investment. You should consider factors such as age, experience, capital, overall investment portfolio, and risk tolerance when evaluating your options. We strongly recommend conducting thorough due diligence with licensed financial, tax, and legal professionals before investing. We do not offer any financial, tax, investment, or legal advice.

  • DISCLAIMER

THE USE OF THE SERVICES BY YOU AND YOUR COMPANY IS AT YOUR AND YOUR COMPANY’S SOLE RISK. ACCORDINGLY, THE SERVICES AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED AND EXCLUDED, TO THE FULLEST EXTENT PERMITTED BY LAW. SPECIFICALLY, ASPIRE STAGES LLC AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, AND CONTENT-PROVIDERS DO NOT WARRANT THAT: (a) THE USE OF THE SERVICES OR ANY THIRD-PARTY WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (b) THAT THE USE OF THE SERVICES OR ANY SUCH THIRD-PARTY WEBSITE WILL ALLOW YOU TO OBTAIN ANY PARTICULAR RESULTS WHATSOEVER; (c) THE CONTENT OR ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SERVICES OR ANY THIRD PARTY WEBSITE ARE OR WILL BE ACCURATE, CURRENT, COMPLETE, RELIABLE, OR OF ANY PARTICULAR VALUE OR QUALITY; (d) THAT ANY DEFECTS IN THE SERVICES OR THE CONTENT WILL BE CORRECTED; OR (e) THAT THE SERVICES AND THE CONTENT ARE FREE OF VIRUSES OR OTHER DISABLING DEVICES OR HARMFUL COMPONENTS. WE EXPRESSLY WAIVE ANY LIABILITY OR DAMAGE YOU MAY INCUR FROM THE USE OF THE SERVICES THAT INTEGRATE ANY THIRD-PARTY WEBSITE OR SOFTWARE.

  • LIMITATION OF LIABILITY

In no event will Aspire or its parents, subsidiaries, affiliates, property owners, contractors, suppliers, content providers, and other similar entities, and the officers, directors, employees, representatives, and agents of each of the foregoing (collectively, the “Aspire Parties”), be liable to you, your Company, or any third-party for any losses or damages, alleged under any legal theory, arising out of or in connection with (i) your use of, or reliance on, the Services or the Content or (ii) the Aspire Parties’ performance of or failure to perform their obligations in connection with these Terms. 

 

Under no circumstances will the Aspire Parties be liable to you, your Company, or any third party for any indirect, consequential, incidental, punitive, special, or similar damages or costs (including but not limited to lost profits or data, loss of goodwill, loss of or damage to property, loss of use, business interruption, loss of contracts; loss of anticipated savings; wasted management or office time; claims of third parties, and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise) arising out of or in connection with these Terms or the use of the Services or the Content, or the transmission of information to or from our applications and websites over the Internet, even if they were advised, knew, or should have known of the possibility of such damages or costs. In a jurisdiction that does not allow the exclusion or limitation of liability for certain damages, the liability of the Aspire Parties will be limited by these Terms to the extent permitted by law.

 

Without limiting any of the foregoing, if the Aspire Parties are found liable to you or any third party as a result of any claims or other matters arising under or in connection with these Terms, the Services, or your use of the Services, the maximum liability for all such claims and other matters will not exceed $10 in any calendar year.

  • INDEMNIFICATION

You agree to defend and indemnify the Aspire Parties and their officers, directors, employees, representatives, and agents against all claims, demands, suits, or other proceedings and all resulting loss, damage, liability, cost, and expense (including reasonable attorneys’ fees), made by any third party arising out of (i) your access to and use of the Content, the Services, and other materials, products, and services available on or through the Services and the Aspire Parties; (ii) your violation of these Terms; (iii) your violation of any rights of any third party; and (iv) your website. We reserve, and you grant to us, the right to assume the exclusive defense and control of any matter subject to indemnification by you.

  • TERM AND TERMINATION

The period of these Terms will commence on the date when the user accepts the Terms on our Services by signing up and creating an account (“Effective Date”).

 

The paid Services have a term that may be terminated according to the separate agreement with Aspire.

 

A party may terminate the relationship immediately if the other party breaches a material provision of this Agreement and (i) the breach is incurable or (ii) the other party does not remedy any remediable breach of a material provision of this Agreement within fourteen (14) days of receiving a written notice from the non-breaching party specifying the breach and requiring its remedy.

 

Aspire may terminate the Service immediately if (i) any user fails to pay undisputed amounts due; (ii) any regulatory decision or governmental order requiring Aspire to suspend Services, or which is reasonably likely to result in the loss of Aspire’s operating authority; or (iii) in an event of bankruptcy or other cause preventing Aspire from providing the Services.

 

Aspire may terminate the relationship without cause in writing with a one-month notice period (the notice period commences on the first calendar day of the month following the calendar month in which the notice of termination was delivered to the other party).

  • FORCE MAJEURE

Except for payment obligations, neither party shall have any liability under or be deemed to be in breach of this Agreement for any delays or failures in performance of this Agreement which result from circumstances beyond its reasonable control.

  • ARBITRATION AND DISPUTE RESOLUTION AGREEMENT

We are available by email at legal@aspire4more.com to address any concerns you may have regarding our use of the Services. Most concerns may be quickly resolved in this manner. We and you (each a “party” and together, the “parties”) shall use commercially reasonable efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations, which shall be a precondition to either party initiating a lawsuit or arbitration.

 

If the parties do not reach an agreed-upon solution within thirty (30) days from the time informal dispute resolution is pursued, then either party may initiate binding arbitration. All claims arising out of or relating to these Terms (including their formation, construction, validity, interpretation, performance, and enforceability), the parties’ relationship with each other, or our use of the Content shall be finally settled by binding arbitration administered by the American Arbitration Association on a confidential basis by the provisions of its Commercial Arbitration Rules and the supplementary procedures for consumer-related disputes of the American Arbitration Association (the “AAA”), excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms, including but not limited to any claim that all or any part of these Terms is void or voidable. The arbitrator shall be empowered to grant any relief that would be available in a court under the law or equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The Federal Arbitration Act shall govern the interpretation and enforcement of this agreement.

 

THE AAA’S RULES GOVERNING THE ARBITRATION MAY BE ACCESSED AT WWW.ADR.ORG OR BY CALLING THE AAA AT 1-800-778-7879. TO THE EXTENT THE FILING FEE FOR THE ARBITRATION EXCEEDS THE COST OF FILING A LAWSUIT, WE WILL PAY THE ADDITIONAL COST. A REQUEST FOR PAYMENT OF FEES SHOULD BE SUBMITTED TO AAA ALONG WITH YOUR FORM FOR INITIATING THE ARBITRATION, AND WE WILL MAKE ARRANGEMENTS TO PAY ALL NECESSARY FEES DIRECTLY TO THE AAA. IF THE ARBITRATOR FINDS THE ARBITRATION TO BE NON-FRIVOLOUS, WE WILL PAY ALL OF THE ACTUAL FILING AND ARBITRATOR FEES FOR THE ARBITRATION, PROVIDED YOUR CLAIM DOES NOT EXCEED $100. THE ARBITRATION RULES ALSO PERMIT YOU TO RECOVER ATTORNEYS’ FEES IN CERTAIN CIRCUMSTANCES.

 

THE PARTIES UNDERSTAND THAT ABSENT THIS MANDATORY PROVISION, THEY WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. THEY FURTHER UNDERSTAND THAT, IN SOME INSTANCES, THE COSTS OF ARBITRATION COULD EXCEED THE COSTS OF LITIGATION, AND THE RIGHT TO DISCOVERY MAY BE MORE LIMITED IN ARBITRATION THAN IN COURT.

 

CLASS ACTION AND CLASS ARBITRATION WAIVER. THE PARTIES FURTHER AGREE THAT ANY ARBITRATION SHALL BE CONDUCTED IN THEIR INDIVIDUAL CAPACITIES ONLY AND NOT AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION, AND THE PARTIES EXPRESSLY WAIVE THEIR RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS. IF ANY COURT OR ARBITRATOR DETERMINES THAT THE CLASS ACTION WAIVER OUTLINED IN THIS PARAGRAPH IS VOID OR UNENFORCEABLE FOR ANY REASON OR THAT AN ARBITRATION CAN PROCEED ON A CLASS BASIS, THEN THE ARBITRATION PROVISION SET FORTH ABOVE IN SECTION 25 SHALL BE DEEMED NULL AND VOID IN ITS ENTIRETY AND THE PARTIES SHALL BE DEEMED TO HAVE NOT AGREED TO ARBITRATE DISPUTES.

  • MISCELLANEOUS

These Terms and the Privacy Policy (as each may be revised and amended from time to time according to their respective terms) collectively constitute the entire agreement concerning your access to and use of the Services and the Content.

 

Our electronically or otherwise properly stored copy of these Terms will be deemed to be the genuine, complete, valid, authentic, and enforceable copy, and you agree that you will not contest the admissibility or enforceability of our copy of these Terms in connection with any action or proceeding arising out of or relating to these Terms.

 

Any provisions of these Terms that are reasonably inferable to have been intended to survive termination (including, but not limited to, any provisions regarding limitation of our liability or indemnification) will continue in effect beyond any such termination of access to the Services.

 

We may assign our rights and duties under these Terms to any third party at any time without notice. You may not assign these Terms without our prior written consent.

 

Our waiver of any breach of these Terms will not be a waiver of any preceding or subsequent breach thereof.

 

If any provision of these Terms is held to be invalid or unenforceable, that provision will be stricken and will not affect the validity and enforceability of any remaining provisions.

 

Discontinuation of use of the Services is your sole right and remedy for any dissatisfaction with the Services or any of the Content.

 


CHECKMATE TAX ADVISORS ENGAGEMENT AGREEMENT


  • INTRODUCTION AND OVERVIEW


This Engagement Agreement (this “Agreement”) is entered into as of the date last executed below (the “Effective Date”) by and between Aspire Advisors LLC d/b/a Checkmate Tax Advisors and its parents, subsidiaries, and affiliates (collectively, “Checkmate Tax Advisors,” “we,” “our,” or “us.”) and the undersigned party (the “Client,” “you,” or “your.). Each party to this Agreement may each be referred to as a “Party” or collectively as the “Parties.”

 

This Agreement is a legal contract intended to govern the terms under which Checkmate Tax Advisors may provide various products and services, such as tax advisory, compliance, preparation, filing, and audit support services (each, a “Service”). Checkmate Tax Advisors provides non-attest accounting services. Appropriately licensed firms or individuals provide all applicable professional services. Checkmate Tax Advisors is not a registered Certified Public Accountant (CPA) firm and does not currently provide attestation services.

 

This Agreement incorporates by reference Checkmate Tax Advisor’s Privacy Policy.

 

TO USE OUR SERVICES, YOU MUST BE AT LEAST 18 YEARS OF AGE, CAPABLE OF FORMING A BINDING CONTRACT WITH CHECKMATE TAX ADVISORS, AND ACKNOWLEDGE AND AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, WHICH INCLUDES AN AGREEMENT TO RESOLVE DISPUTES EXCLUSIVELY BY INDIVIDUAL ARBITRATION, DESCRIBED IN SECTION 12. 


  • SCOPE OF SERVICES


The Services may include tax advisory, compliance, preparation, filing, and audit support services.

Tax Advisory and Planning. Checkmate Tax Advisor and/or outsourced tax professionals (together, “Tax Professional(s)”) will assist with suggestions or guidance or recommend tax savings strategies based on the information you provide.

Tax advisory and planning services may include recurring (e.g., monthly or quarterly) meetings with tax engineers, strategists, and other personnel as necessary. You are responsible for utilizing the services and participating in any scheduled meetings. If you cannot attend, we may elect to fulfill your service by alternative means. Support outside these meetings may be limited to text, chat, and email.

You understand and agree that if you provide incorrect or incomplete information, the advice provided to you may not be accurate. You are responsible for promptly providing all information required for the Tax Advisory services. You represent that all information you provide is true and accurate and that you have the right to share the information with Checkmate Tax Advisor. We will not independently audit or otherwise verify the information you provide, although we may ask you to clarify some of the information.

Some tax topics or situations may not be considered or included as part of the advisory services, which shall be determined at Checkmate Tax Advisor’s sole discretion. 

You are entirely responsible for deciding whether to follow our advice, and it is your sole responsibility to decide whether to take any recommended actions. 

Our Tax Advisory services do not include any legal, investment, estate, investment planning, or financial advice. You may have access to third-party professional advice and services. Unless specifically disclosed, Checkmate Tax Advisor is not in the business of providing legal, financial, accounting, tax, health care, insurance, real estate, or other professional services or advice, and you should consult with industry professionals for such advice before making important decisions in these areas. 

Tax Compliance, Preparation, and Filing. Tax returns prepared by or with the assistance of a Tax Professional shall include:

The Tax Professional assigned to assist in preparing and filing your tax return(s) may not be the same Tax Professional providing the Tax Advisory services. 

As with the Tax Advisory services, you understand and agree that if you provide incorrect or incomplete information, the preparation and assistance provided to you may not be accurate. You are responsible for promptly providing all information required for the Tax Compliance, Preparation, and Filing services. You represent that all information you provide is true and accurate and that you have the right to share the information with Checkmate Tax Advisor. We will not independently audit or otherwise verify the information you provide, although we may ask you to clarify some of the information.

You are responsible for reviewing your return to verify its completeness and accuracy before filing it. 

Where applicable, we may recommend estimated quarterly tax payment amounts based on your current-year tax return and information you provide about future income. You are responsible for deciding whether and how to make such payments and for adjusting such payments if your financial situation changes.

Checkmate Tax Advisor, in its sole discretion and at any time, may determine that certain tax topics, forms, or situations are not included as part of the Services and may decline to provide such Services. 

Our Tax Compliance, Preparation, and Filing services do not include any legal, investment, estate, investment planning, financial advice, or other areas of advice other than the federal and state income tax preparation and filing advice included with the services. 

You are responsible for maintaining adequate documentation to substantiate the accuracy and completeness of your tax returns. While Checkmate Tax Advisors will store certain tax records in accordance with IRS and/or state rules, you acknowledge and agree that you must comply with federal and state recordkeeping requirements, including those of the IRS. Checkmate Tax Advisors has no obligation to store your tax documents other than to the extent required by applicable law and regulation. You agree to hold Checkmate Tax Advisors harmless from any liability resulting from or due to audit and/or inadequate documentation, including but not limited to additional tax, penalties, interest, and professional fees, the requirement to file an amended return, or the disallowance of tax deductions.

You are responsible for the overall accuracy of the data in your final tax return(s). We will not file any tax returns until we receive your payment for the Services and your consent to e-file/submit your tax return(s). Your Tax Professional will notify you when your tax return(s) is/are ready to file, and Checkmate Tax Advisor may charge you for the Services at that time, regardless of whether you decide to proceed with filing. After payment, you will need to download and carefully review an electronic copy of your completed tax return(s) for accuracy and completeness. If you identify any errors in your tax return during your review (and before you approve), you agree to promptly notify your Tax Professional and work with the Tax Professional to correct the errors. To approve your personal individual tax return, you will electronically sign a completed e-filing authorization form, IRS e-file Signature Authorization and any additional applicable state and local authorization forms required to allow Checkmate Tax Advisor to file your tax return(s) electronically or to be the preparer of your printed and mailed returns. These forms may use a third-party e-signature provider, which you agree to use. You agree that with your electronic signature on these forms, you represent that you and any joint filer have received a copy of, reviewed, and approved the final tax return(s) as complete and accurate. You and any joint filer or spouse also agree that, in the case of a jointly-filed return, you and such joint filer or spouse must both sign the required e-filing authorization form to complete the approval process. To approve your business tax return, you will electronically sign a completed e-filing authorization form, IRS e-file Signature Authorization, and any additional applicable state and local authorization forms required to allow Checkmate Tax Advisors to file your tax return(s). These forms may use a third-party e-signature provider, which you agree to use. You agree that with your electronic signature on these forms, you represent that you are the designated tax partnership representative or corporate officer with the authority to file such return(s) and that you have received a copy of, reviewed, and approved the final tax return(s) as complete and accurate. As the designated representative or corporate officer, you must sign the required e-filing authorization form to complete the approval process, and you agree to do so.

Electronic filing may not be available for certain tax returns or in some states. Checkmate Tax Advisor’s responsibility with respect to e-filing your tax return(s) is limited to using commercially reasonable efforts to facilitate the transmission of your tax return(s) to the applicable taxing authority that accepts them. If we cannot electronically transmit your tax return, you agree to manually print and sign the tax return and promptly mail the tax return directly to the respective taxing authority. You will be responsible for the postage and mailing of such tax return(s). When paper tax returns are used, the Tax Compliance, Preparation, and Filing services shall be considered completed when your Expert notifies you that your return(s) are ready to file and access to the final electronic copies of your return(s) (along with any filing-by-mail instructions) are provided to you.

You agree that for returns with “married filing jointly” filing status, both spouses are deemed customers of Checkmate Tax Advisors and are subject to this Agreement’s terms. Both individuals acknowledge that there is no expectation of privacy between the spouses by Checkmate Tax Advisors concerning the Services in connection with this Agreement. We shall be at liberty to share partial or completed tax returns, tax documents, and other information concerning the preparation of your tax return(s) with either of you without the prior consent of the other.

We will use reasonable judgment to resolve questions where a tax law may be unclear, to the extent permitted by professional conduct and applicable law, and provided there is substantial authority for doing so. You may request a specific position, provided it is consistent with our understanding of the Internal Revenue Code (“IRC”), tax regulations, Revenue Rulings, Revenue Procedures, Private Letter Rulings, and any related court cases or laws. For tax returns where the Tax Professional is the preparer, if we disagree with the position you request, we may decline to prepare and sign your return, and you may cease the use of the Tax Compliance, Preparation, and Filing services and complete your tax return(s) yourself using another method of your choice; however, you will remain subject to the remaining terms of this Agreement.

You affirm that you are a designated representative of the business for which the return is being filed and that you are authorized to file on its behalf. You will only provide Checkmate Tax Advisors with information and data regarding your business, not a third party’s information and data. If you share another business’s information or data in an attempt to file a return for a business you aren’t a part of, Checkmate Tax Advisor has the right to cancel the Tax Compliance, Preparation, and Filing service and delete any third-party information and data shared.

Financial Valet: Checkmate Tax Advisors provides administrative support services designed to assist clients with the documentation and organization of financial and business activities, including but not limited to the following areas: 

  1. Augusta Rule
  2. Accountable Plans
  3. 529 Plans
  4. High Deductible Health Insurance reimbursements
  5. Farm Fuel rewards
  6. Coverdell Education Savings Accounts
  7. Tracking Real Estate Professional hours and related documentation
  8. Transfers of assets to a Revocable Family Spousal Trust
  9. Hiring your children and related payroll documentation
  10. Money movement tacking and related paperwork

Our role is strictly limited to recording, organizing, and maintaining documentation as directed by the client. We rely entirely on the information and instructions provided by the client and do not independently verify, create, or alter any information.

Your designated Financial Valet does not offer legal, accounting, or tax advice, nor do they determine the applicability or compliance of any tax strategy. Clients are solely responsible for ensuring the accuracy, completeness, and truthfulness of all data and for consulting with qualified tax or legal professionals before implementing any tax-related strategy.

Audit Support. Checkmate Tax Advisors will provide free audit guidance, limited to what to expect and how to prepare, from a Tax Professional available to help answer your audit questions regarding your audited returns filed with Checkmate Tax Advisors for the then-current tax year.

Audit Support only applies to Federal and State audit letters and/or notices. We will not provide legal advice. If necessary, after discussion and upon your request, we will file Form 2848 – Power of Attorney and Declaration of Representative in order to respond to the audit letter and/or notice.  This power of attorney will be limited to only cover the specific tax matter and tax year included in the audit letter and/or notice. Claims for audit support must be submitted within sixty (60) days of the date you received your audit letter and no later than seven (7) years from the date you filed your return(s) using our Tax Compliance, Preparation, and Filing services.

To initiate a claim for Audit Support, please contact Checkmate Tax Advisors at 1-800-571-9226 or victory@checkmatetaxadvisors.com. Once you have contacted us to submit your claim for support, you will also be required to submit to us the following documents: (1) a copy of your Checkmate Tax Advisor proof of payment for Services for the then-current tax year and (2) a copy of the IRS or State audit letter. We may request that you provide these documents and any other documents or information we reasonably request, either electronically or by First-Class U.S. mail within USPS Tracking added to your shipment to ensure tracked delivery to: Checkmate Tax Advisors, 90 Fort Wade Rd, Ponte Vedra, FL 32081. You must maintain copies of all submitted items for your records. Any materials submitted to Checkmate Tax Advisors are understood to be non-returnable. You are responsible for maintaining copies of the necessary submitted items and documents. 

Audit Support will not be provided to you if we find, in our reasonable discretion, that you failed to enter all required information accurately, willfully, fraudulently omitted or included information on your tax return(s), or misclassified information on your tax return(s).

 

Services may be amended, or additional services may be added upon mutual written agreement between the parties.

  • CLIENT RESPONSIBILITIES


4.1 Accuracy of Information. You understand and agree that if you provide incorrect or incomplete information, the assistance provided to you may not be accurate. You agree you are responsible for the overall accuracy of the data in your final tax return(s). You are responsible for ensuring all information provided to us is accurate and complete. You are responsible for notifying us of any change in your contact information, such as email address, mailing address, and phone number, and payment information, such as banking and credit card information

 

4.2 Document Deadlines and Recordkeeping. You are responsible for adhering to all deadlines for document and information submissions and maintaining adequate documentation to substantiate the accuracy and completeness of your tax returns. Where applicable, you are responsible for providing all relevant business bookkeeping records that are fully reconciled. You acknowledge and agree to comply with federal and state recordkeeping requirements, including those of the IRS. You agree to hold Checkmate Tax Advisors harmless from any liability resulting from or due to audit and/or inadequate documentation, including but not limited to additional tax, penalties, interest, and professional fees, a requirement to file an amended return, or the disallowance of tax deductions.

 

4.3 Tax Payments. Where applicable, we may recommend estimated quarterly tax payment amounts based on your current tax year return and the information you provide about future income. You are responsible for deciding whether and how to make such payments and for adjusting such payments if your financial situation changes. Furthermore, you are solely responsible for paying any and all tax liabilities owed to federal and state taxing authorities. 

 

4.4 Verification of Filing. You are responsible for verifying the status of your tax return to confirm that it has been received and accepted by the applicable taxing authority and, if necessary, for filing it manually (by mail) in the event that the taxing authority rejects your electronically filed return.

 

4.5 Decision Making. You are solely responsible for any decisions and approvals necessary during the course of the tax preparation and advisory services. Where applicable, you should consult other industry professionals for legal, investment, estate, investment planning, or financial advice.


  • FEES, PAYMENT, AND CANCELLATION


Fees are charged based on the nature of the services to be provided and may be fixed, hourly, or based on the complexity of the service rendered. Fees are due upon receipt of the invoice unless otherwise specified. We reserve the right to require payment in advance. We may charge your payment method for fees or on a subscription basis. All fees paid are non-refundable. You may cancel your subscription anytime, but subscription fees are not refundable. You agree not to initiate a chargeback or other bank dispute for fees paid.

 

Payments will be billed in U.S. dollars, and your account will be charged upon purchase and when you provide your payment information unless stated otherwise in applicable payment provisions. If your payment information is not accurate, current, and complete, we may suspend or terminate your account. If you do not notify us of updates to your payment information, we may participate in programs supported by your card provider to try to update your payment information, and you authorize us to continue billing your account with the updated information that we obtain.

 

You may be charged a subscription fee in advance annually or at other recurring intervals disclosed to you before your purchase. For annual subscriptions, we will send you a reminder with the then-current subscription fee no less than thirty (30) days and no more than sixty (60) days before your subscription term ends, or otherwise, as required by applicable law. Checkmate Tax Advisors may change the price for recurring subscription fees from time to time with notice to you. Price changes will take effect at the start of the next subscription period following the date of the price change. If you do not agree with the price change, you may unsubscribe prior to the price change going into effect.

 

Your payment to Checkmate Tax Advisors will automatically renew at the end of the applicable subscription period, but you can cancel your subscription at any time. For subscription-based services, cancellations will take effect the day after the last day of the current subscription period. If you cancel in the middle of a subscription period, you can continue to access and use the applicable Service until the end of your subscription period. We do not provide refunds or credits for any cancellations or partial subscription period.


  • CONFIDENTIAL INFORMATION


You agree that you will not disclose our Confidential Information to any person or entity other than as necessary to use the Services and information provided. You will not use or permit the use of any Confidential Information except as necessary in connection with the Services and information. You shall use at least the same degree of care in safeguarding the Confidential Information as you use in safeguarding your own confidential information, but in no event shall you use less than due diligence and care. “Confidential Information” means all information or material which: (i) is marked “Confidential,” “Restricted,” or other similar marking, (ii) is known by the parties to be considered confidential, or (iii) is or should be known or understood to be confidential or proprietary by an individual exercising reasonable judgment. Checkmate Tax Advisors agrees to maintain the confidentiality and privacy of the Client’s information as required by applicable law and will implement suitable measures to protect client data in compliance with relevant data protection laws.


  • INTELLECTUAL PROPERTY


All content provided to you by Checkmate Tax Advisors, including but not limited to text, graphics, logos, images, trade names, trademarks, service marks, trade dress, digital downloads, data compilations, software, and the compilation of any of the foregoing, is our property the property of our licensors and is protected by United States and international patent, copyright, and trademark laws. The display and availability of the content in any materials does not convey or create any license or other rights in the content. Any unauthorized copying, reverse engineering, redistribution, reproduction, publication, or modification of print or digital content by any person without our prior written authorization is strictly prohibited, may be a violation of federal or common law, trademark, patent, and copyright laws, and may subject such a violator to legal action.


  • TERM AND TERMINATION


The Agreement shall commence upon execution by both parties and shall terminate, unless terminated earlier as set forth herein, on the date of completion of the Services.  If either party is in material default under this Agreement and such default continues for thirty (30) days after written notice thereof by the other party, then this Agreement may thereupon be terminated by such other party; provided, however, that if you fail to pay any amount promptly when due, Checkmate Tax Advisors (in addition to any other rights it may have under this Agreement, at law or in equity) may at its election and without notice:  (i) terminate this Agreement; (ii) suspend performance of this Agreement until the outstanding invoice is paid; and/or (iii) declare any unpaid balances immediately due. In addition, you shall be liable for all costs and expenses, including reasonable attorneys’ fees (including, without limitation, allocable cost of in-house counsel) incurred by Checkmate Tax Advisors to enforce the collection of any money due under this Agreement. Termination shall not relieve you of any of its payment obligations under this Agreement with respect to Services rendered prior to termination. Those provisions in this Agreement that, by their nature, are intended to survive termination shall survive after the termination of the Agreement, including, but not limited to, the parties’ obligations related to confidentiality, intellectual property, limitations on liability, and indemnification.


  • DISCLAIMER OF WARRANTIES


Checkmate Tax Advisors warrants that its Services will be performed responsibly, diligently, and competently. You shall provide written notification to Checkmate Tax Advisors of any failure of Checkmate Tax Advisors to perform the Services in substantial conformance with the foregoing warranty within thirty (30) days of the provision by Checkmate Tax Advisors of such Services. Your sole remedy for any breach by Checkmate Tax Advisors of the foregoing limited warranty shall be, at the sole election of Checkmate Tax Advisors, (i) the re-performance of the Services, at Checkmate Tax Advisor’s expense, with respect to any material non-conformance, or (ii) the refund of any charges paid by you for the Services affected by such breach. CHECKMATE TAX ADVISORS HEREBY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE. Checkmate Tax Advisors makes no representation or warranty as to the accuracy, completeness, or sufficiency of the Services, and nothing contained therein shall be deemed a representation or warranty as to the information therein, omitted therefrom, or otherwise. Checkmate Tax Advisors shall not have any liability (whether under statute, in contract, in equity, in tort or otherwise) to you or any of your affiliates or any other person with respect to, or resulting from, the Services (or anything contained therein or omitted therefrom) or the furnishing of the Services to you; and neither you nor they shall have any rights or claims (or basis for a claim). Further, Checkmate Tax Advisors has no obligation to you or any other person to update the results of its Services or further investigate or update any matter that may or may not be included therein, including to consider any changes in law, facts, or other developments of which we may become aware, or to inform you (or any other person) if any of the statements or conclusions reached in the performance of the Services should subsequently be modified or determined to be incorrect.


  • LIMITATION OF LIABILITY


IN NO EVENT SHALL CHECKMATE TAX ADVISORS BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR INDIRECT DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, THE COST OF COVER, DAMAGES ARISING FROM LOSS OF DATA, OF USE, OF PROFITS, OR OF GOOD WILL, PROPERTY DAMAGE, LOST REVENUES, OR LOSS OF PROSPECTIVE ECONOMIC ADVANTAGE, WHETHER OR NOT CHECKMATE TAX ADVISORS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY ARISING OUT OF THIS AGREEMENT. NOTWITHSTANDING THE FOREGOING, THE MAXIMUM AGGREGATE LIABILITY OF CHECKMATE TAX ADVISORS AND ANY OF ITS MEMBERS, MANAGERS, PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND AFFILIATES FOR ANY DAMAGES, LOSSES OR INJURIES TO YOU OR THOSE CLAIMING THROUGH YOU SHALL NOT EXCEED AN AMOUNT EQUAL TO THE TOTAL CHARGES PAID BY CLIENT TO CHECKMATE TAX ADVISORS DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT FOR WHICH DAMAGES ARE CLAIMED.


  • THIRD-PARTY REFERRALS AND TRANSACTIONS


Your correspondence or business dealings with, or participation in promotions of, advertisers or third parties with respect to the payment and delivery of related products or services and any other terms, conditions, warranties, or representations associated with such dealings are solely between you and such third parties and are not binding on us. You agree that we are not responsible or liable for any actions, losses, damages, liabilities, claims, judgments, costs, or expenses of any nature or kind incurred as the result of any such dealings or as the result of the presence of such third parties in any communication or materials provided in connection with the Services, and you agree to indemnify us from and against any claims incurred as the result of any such dealings.


  • INDEMNIFICATION


You agree to release, indemnify, and hold harmless Checkmate Tax Advisors and its partners, managers, directors, principals, employees, affiliates, contractors, and agents (collectively “Checkmate Tax Advisors Indemnitees”) from and against all claims, liabilities, damages or expenses (including attorneys’ fees) of any kind relating to the Services or this Agreement, whether arising in contract, statute, tort (including without limitation, negligence) or otherwise that are brought by a third party and which arise out of or are related to: (a) your use of the Services or any deliverables provided by Checkmate Tax Advisors, (b) any misrepresentations made, or incorrect information provided, by you, (c) a breach of any of your representations, warranties, covenants and obligations under this Agreement, (d) the negligence, willful misconduct, or wrongful acts or omissions of you, or (e) an allegation that the materials or information provided by you infringes on a third party’s intellectual property rights.


  • DISPUTES


If a dispute arises under this Agreement, the parties will first attempt to resolve it through informal dialogue. Any disputes will be resolved on an individual basis rather than as a class action. You and Checkmate Tax Advisors agree that, except as provided below, any dispute, claim, or controversy arising out of or relating in any way to the Services or this Agreement (a “Claim”) will be determined by binding arbitration instead of in courts of general jurisdiction.

 

You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision, and that you and Checkmate Tax Advisors are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive the termination of this Agreement and/or the termination of your services.

 

To initiate arbitration with Checkmate Tax Advisors, send a written Notice of Claim to Checkmate Tax Advisors, 90 Fort Wade Rd, Ponte Vedra, FL 32081, including your contact details and specifics of the dispute, such as the nature of the claim and the relief sought. After the Notice of Claim is sent, both parties should first attempt to resolve the dispute informally via telephone or videoconference. If an agreement isn’t reached within 60 days of receiving the Notice, arbitration may be started by filing a Demand for Arbitration with the American Arbitration Association (“AAA”). The arbitration will proceed under AAA’s rules, which you can find at www.adr.org or by calling 1-800-778-7879. Arbitration hearings will be held by phone, videoconference, or in person if mutually agreed upon.

 

You and Checkmate Tax Advisors agree that each may bring Claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Further, unless both you and Checkmate Tax Advisors agree otherwise, the arbitrator may not consolidate any other person’s Claims with your Claims and may not otherwise preside over any form of a representative or class proceeding.


  • MISCELLANEOUS


14.1 Governing Law. This Agreement shall be governed by the laws of the State of Florida, without regard to conflicts of law provisions. Any legal action or proceeding between Checkmate Tax Advisors and you related to this Agreement will be brought exclusively in a federal or state court of competent jurisdiction sitting in the State of Florida, County of St. Johns.

 

14.2 Entire Agreement. This Agreement is the entire and exclusive agreement between the parties, and it supersedes all previous communications, representations, or agreements, either oral or written, between them with respect to this subject matter. No representations or statements of any kind made by us, which are not included in this Agreement, shall be binding on us.

 

14.3 Amendments. This Agreement may not be modified or amended in whole or in part without the prior written consent of all parties.

 

14.4 Waiver. No waiver of any provision herein shall be valid unless in writing and signed by both our authorized representative and you. Our failure to insist upon or enforce strict performance of any provision of this Agreement or any right shall not be construed as a waiver of any such provision or right.

 

14.5 Waiver. If any provision of this Agreement is deemed illegal or unenforceable, such provision shall be automatically reformed and construed as valid, operative, and enforceable to the maximum extent permitted by law or equity while preserving its original intent. The invalidity of any part of this Agreement shall not render invalid the remainder of this Agreement.

 

14.5 Assignment. Checkmate Tax Advisors may assign this agreement to any party at any time without notice to you. You may not assign this Agreement or your rights to use the Services without our consent.

 

INTENDING TO BE LEGALLY BOUND, the parties have executed this Agreement as of the date executed below.

 

  • OTHER AGREEMENTS

If you have entered into a separate agreement with Aspire concerning your use of the Services or any Content, that agreement will supersede these Terms to the extent they are in conflict.

  • QUESTIONS

Please contact us with any questions regarding the Services or these Terms at:

 

Aspire 4 More

90 Fort Wade Rd

Ponte Vedra, FL 32081

legal@aspire4more.com

  • ACKNOWLEDGEMENT

BY ACCESSING AND USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND THE PRIVACY POLICY.