Acceptance of the Terms of Use

These terms of use are entered into by and between You and Binesh & Associates (“Company”, “We”, or “Us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern any services offered on or through www.bineshcpas.com (the “Website”), whether as a guest or registered user.

Please read the Terms of Use carefully before You start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to You, You accept and agree to be bound and abide by these Terms of Use and Our Privacy Policy found at https://bineshcpas.com/privacy-policy, incorporated herein by reference. If You do not want to agree to these Terms of Use or the Privacy Policy, You must not access or use the Website.

By using this Website, You represent and warrant that You are of legal age to form a binding contract with the Company. If You are not of legal age to form a binding contract with the Company, You must not access or use the Website.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately upon Us posting them, and apply to all access to and use of the Website thereafter, except any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website. You are expected to check this page periodically so that You are aware of any changes. Your continued use of the Website following the posting of revised Terms of Use means that You accept and agree to the changes.

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material We provide on the Website, in Our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, We may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

To access the Website or some of the resources it offers, You may be asked to provide certain registration details or other information. It is a condition of Your use of the Website that all the information You provide on the Website is correct, current, and complete. You agree that all information You provide, and Your use of the Website, is governed by Our Privacy Policy [https://bineshcpas.com/privacy-policy], and You consent to all actions We take with respect to Your information consistent with Our Privacy Policy.

Any user name, password, or any other piece of information You utilize as part of Our security procedures to access the Website is confidential, and You must not disclose it to any other person or entity. You also acknowledge that Your account is personal to You and agree not to provide any other person with access to this Website or portions of it using Your user name, password, or any other security information. You agree to notify Us immediately of any unauthorized access to, or use of, Your user name or password or any other breach of security. You also agree to ensure that You exit from Your account at the end of each session. You should use particular caution when accessing Your account from a public or shared computer so that others are not able to view or record Your password or other personal information.

We have the right to disable any user name, password, or other identifier at any time, in Our sole discretion for any or no reason including if, in Our opinion, You have violated any provision of these Terms of Use.

Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights law.

These Terms of Use permit You to use the Website for Your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publically display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows: (i) Your computer may temporarily store copies of such materials in RAM incidental to Your accessing and viewing those materials; (ii) You may store files that are automatically cached by Your Web browser for display enhancement purposes; (iii) You may print or download one copy of a reasonable number of pages of the Website for Your own personal, non-commercial use and not for further reproduction, publication, or distribution; and (iv) You may print or download copies of documents provided to You as part of the services we provide to You through Our Website or web-based portal for Your records and Your own personal, non-commercial use. You must not access or use any part of the Website or any services or materials available through the Website for any commercial purposes, including reselling and/or co-branding/private labeling.

If you print, copy, modify download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, Your right to use the Website will stop immediately and You must, at Our option, return or destroy any copies of the materials You have made. No right, title, or interest in or to the Website or any content on the Website is transferred to You, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks

The Company name and logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, products and service names, designs, and slogans on this Website are the trademarks of their respective owners.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website: (i) in any way that violates any applicable federal, state, local, or international law or regulation; (ii) to transmit, or procure the sending of, any advertising or promotional material without prior written consent, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation; (iii) to impersonate or attempt to impersonate the Company, a Company employee, or another user, or any other person or entity (including, without limitation, by using email addresses or user names associated with any of the foregoing); or (iv) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which as determined by Us, may harm the Company or users of the Website or expose them to liability.

Additionally, You agree not to: (i) use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activates through the Website; (ii) use any robot, spider, or other automatic device, process, or means to access the Website for any purpose; (iii) use any device or process to monitor or copy any of the material on the Website or for any other unauthorized purpose without Our prior written consent; (iv) introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (v) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website; (vi) attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or (vii) otherwise attempt to interfere with the proper working of the Website.

Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and We are under no obligation to update such material.

Information About You and Your Visits to the Website

All information We collect on this Website is subject to Our Privacy Policy [https://www.bineshcpas.com/privacy-policy]. By using the Website, You consent to all actions taken by Us with respect to Your information in compliance with the Privacy Policy.

Consent to be Contacted via ATDS, Prerecorded Message, and Text Message

By using the Website and you, or anyone acting on your behalf, providing a phone number, including a cellular phone number, via the Website at any point in time, you provide express written consent to be contacted by Company and its affiliates and tax services partners using automated dialing equipment, prerecorded or artificial voice messages (including interactive voice recognition), and SMS/MMS text messages to discuss the products and services offered by Company, its affiliates, and/or tax services partners, including telemarketing sales calls and information calls in response to your requests, to complete transactions, and to facilitate any service offering. You agree that you are authorized to receive calls at any number provided and to consent to receive calls from Company and its affiliates and tax services partners. Receipt of residential and cell phone calls (including text messages) may be subject to charges from your service provider.

The scope of this consent includes any contact related to or arising out of your use of the Website, your submission of a form or similar information including a phone number to Company via the Website, and subsequent contact regarding the products or services Company or its affiliates and/or tax services partners offer.

You agree that We may monitor and record telephone conversations between you and Us. You also agree that We may leave a message at any number you provided to Us as your home or cell phone number.

Linking to the Website

You may link to Our homepage, provided You do so in a way that is fair and legal and does not damage Our reputation or take advantage of it, but You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on Our part without Our express written consent. You agree to cooperate with Us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice at any time in Our discretion.

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for Your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from Your use of them. If You decide to access any of the third-party websites linked to this Website, You do so entirely at Your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The owner of the Website is based in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENCORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, AND WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSED ON IT, OR ON ANY WEBSITE LINKED TO IT, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to Your violation of these Terms of Use or Your use of the Website, including, but not limited to, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use or Your use of any information obtained from the Website.

Governing Law

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule.

Arbitration of Dispute

TO THE EXTENT ALLOWED BY LAW, YOU AND COMPANY EACH AGREE THAT THEY MAY ONLY BRING CLAIMS AGAINST THE OTHER IN HIS/HER OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF ON A CLASS WIDE BASIS, FURTHER, COMPANY AND YOU WAIVE ANY RIGHT TO TRAIL BY A JURY IN ANY LAWSUIT, OR OTHER SIMILAR PROCEEDING.

(a) IN THE EVENT OF ANY CONTROVERSY, CLAIM OR DISPUTE BETWEEN YOU AND US ARISING OUT OF OR RELATING TO THE WEBSITE, THESE TERMS OF USE OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION OR VALIDITY THEREOF, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABIILITY OF THIS AGREEMENT TO ARBITRATE, AND ANY CONTROVERSY, CLIAM OR DISPUTE ARISING PRIOR TO THIS AGREEMENT OR AFTER ITS TERMINATION ARISING OUT OF OR IN ANYWAY RELATED TO PHONE CALLS OR OTHER ATTEMPTED CONTACT, SHALL BE SOLELY DETERMINED BY BINDING ARBITRATION IN ORANGE COUNTY, CALIFORNIA, OR IN THE COUNTY IN WHICH YOU RESIDE, IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA FOR AGREEMENTS TO BE MADE AND TO BE PERFORMED IN CALIFORNIA, OR UNDER THE LAWS OF THE STATE IN WHICH THE CLIENT RESIDES FOR ANY OTHER AGREEMENTS.

(b) ANY CLAIMANT UNDER THIS ARBITRATION AGREEMENT MUST FIRST SUBMIT TO THE OTHER PARTY A WRITTEN NOTICE OF THE CLAIMANT’S CLAIM AGAINST OR DISPUTE WITH THE OTHER PARTY, SUCH NOTICE MUST INCLUDE ANY EXPLANATION OF THE CLAIM AND A STATEMENT OF THE CLAIMANT’S REQUEST FOR RESOLUTION. THE PARTY RECEIVING THE CLAIM OR DISPUTE SHALL THEN BE ENTITLED TO A PERIOD OF SIXTY (60) DAYS TO CURE SUCH CLAIM OR DISPUTE. IF THE PARTIES ARE UNABLE TO RESOLVE THE CLAIM OR DISPUTE WITHIN SUCH 60-DAY PERIOD, THEN THE CLAIM OR DISPUTE SHALL BE SOLELY RESOLVED, ON AN INDIVIDUAL, NON-CLASS BASIS, BY BINDING ARBITRATION BEFORE A SINGLE ARBITRATOR. PRIOR TO THE CLAIMANT COMMENCING ARBITRATION, THE PARTIES SHALL MUTUALLY AGREE UPON THE ARBITRAL INSTITUTION THAT WILL ADMINISTER THE ARBITRATION. IN THE EVENT THAT NO ARBITRAL INSTITUTION CAN BE AGREED UPON, THEN THE PARTIES AGREE TO USE JAMS. THE ARBITRATION SHALL BE ADMINISTERED PURSUANT TO THE MUTUALLY AGREED ARBITRAL INSTITUTION’S RULE AND PROCEDURES AND A SINGLE ARBITRATOR WILL BE SELECTED THEREFROM.

(c) THE ARBITRATOR SHALL BE NEUTRAL AND INDEPENDENT, LICENSED TO PRACTICE LAW IN THE JURISDICTION WHERE THE ARBITRATION IS TAKING PLACE AND SHALL COMPLY WITH THE ARBITRAL INSTITUTION’S CODE OF ETHICS AND HAVE EXPERIENCE IN THE SUBJECT MATTER OF THE DISPUTE. THE ARBITRATOR SHALL HAVE THE AUTHORITY TO GRANT ANY REMEDY OR RELIEF THAT THE ARBITRATOR DEEMS JUST AND EQUITABLE AND WITHIN THE SCOPE OF THE AGREEMENT OF THE PARTIES PROVIDED IT IS INDIVIDUAL IN NATURE AND ALLOWABLE WITHIN RELEVANT STATE LAW. THE ARBITRATOR SHALL ISSUE A REASONED AWARD FOLLOWING THE APPLICABLE LAW AND SUCH AWARD SHALL BE FINAL AND SHALL NOT BE SUBJECT TO VACATION OR MODIFICATION. THE AWARD AND THE RECORD IN ARBITRATION SHALL BE CONFIDENTIAL, EXCEPT THAT JUDGMENT ON THE AWARD MADE BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION OVER THE PARTIES. IF EITHER PARTY FAILS TO COMPLY WITH THE ARBITRATOR’S WARD, THE PREVAILING PARTY MAY PETITION THE COURT FOR ENFORCEMENT. THE PARTIES AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OF MORE THAN ON PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDINGS. TO THE EXTENT PERMITTED BY LAW, THE PARTIES SHALL BEAR THE COST OF ARBITRATION INCLUDING, ATTORNEY’S FEES, SEPARATELY. IF THE ARBITRATOR DETERMINES THAT A PARTY HAS GENERALLY PREVAILED IN THE ARBITRATION PRECEDING, THEN THE ARBITRATOR SHALL AWARD TO THAT PARTY ITS REASONABLE ATTORNEY’S FEES AND LEGAL COSTS. IN THE EVENT A PARTY FAILS TO PROCEED WITH ARBITRATION OR UNSUCCESSFULLY CHALLENGES THE ARBITRATOR’S AWARD, THE OTHER PARTY IS ENTITLED TO COSTS OR FUIT, INCLUDING REASONABLE ATTORNEY’S FEE FOR HAVING TO COMPEL ARBITRATION OR DEFEND OR ENFORCE THE AWARD. THIS SECTION AND THE REQUIREMENT TO ARBITRATE SHALL SURVIVE ANY TERMINATION OF THESE TERMS OF USE OR USE OF THE WEBSITE.

(d) SHOULD ANY PROVISION OF THIS ARBITRATION AGREEMENT – EXCEPTING THE REQUIREMENT THAT ARBITRATION PROCEED ON AN INDIVIDUAL BASIS ONLY – BE DEEMED UNENFORCEABLE, IT SHALL BE DEEMED SEVERABLE AND THE REMAINDER OF THE ARBITRATION AGREEMENT SHALL BE ENFORCED.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term of condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use and Our Privacy Policy constitute the sole and entire agreement between You and Company regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

Last Update: 02/14/2024