Terms of Use Agreement

Thank you for visiting White Rock Tax Service! We look forward to assisting you with your tax and bookkeeping needs. By accessing this website and/or White Rock Tax Service’s social media sites (the “Site”), you are indicating your agreement to these Terms of Use. This agreement forms a binding contract between you, White Rock Tax Service, and KGardner LLC.

Please review these terms of use thoroughly:

  • Agreement to be Bound
  • Comply with Applicable Law
  • Confidential Information and Internet Security
  • Site Content is Not Tax or Bookkeeping Advice
  • Third Party Websites
  • Privacy Notice and Document Retention Policy
  • Intellectual Property Rights
  • Dispute Resolution
  • Governing Law and Venue
  • Indemnification
  • Disclaimer of Warranties and Limitations and Exclusions of Liability
  • Entire Agreement and Severability

Agreement to be Bound

BY USING OUR SITE, YOU ARE AGREEING TO BE BOUND BY THESE TERMS, AS THEY MAY BE AMENDED ON OCCASION, REGARDLESS OF WHETHER YOU HAD NOTICE OF THE AMENDMENTS. OUR FAILURE OR CONSCIOUS DECISION NOT TO ENFORCE ANY RIGHTS UNDER THESE TERMS AND CONDITIONS OR APPLICABLE LAW IS NOT TO BE CONSTRUED AS A WAIVER OF THOSE OR ANY OF OUR OTHER RIGHTS UNDER THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF USE, DO NOT CONTINUE TO ACCESS THE SITE OR PROCURE ANY SERVICES FROM WHITE ROCK TAX SERVICE AS OFFERED THROUGH THIS SITE.

Comply with Applicable Law

Your use of our Site must always comply with applicable law, and must not compromise the accessibility or security of the Site. All materials and information on our Site are for our marketing purposes and use within the United States. If you choose to access this site from outside the United States, it is solely the responsibility of you, the Site user, to ensure you abide by any applicable laws of the jurisdiction in which you access the Site.

Confidential Information and Internet Security

Internet websites and email are never fully secure so communications with us are therefore at your own risk. Please ensure any confidential information communicated through the internet to us is adequately encrypted. Additionally, communications by any means may not be confidential or privileged until a client relationship is established with us by written agreement.

Site Content is Not Tax or Bookkeeping Advice

The materials on the site are provided for user information only and should not be regarded as tax or bookkeeping advice. Please set an appointment with us to discuss your tax or bookkeeping needs.

Third Party Websites

We include links to third party websites on our Site because they may be of interest to you and to facilitate the use of our services. We are not affiliated or associated with those websites so we are unable to warranty or guarantee the performance or security of third party sites, or the quality of the services they provide. Use these websites at your own risk. WHITE ROCK TAX SERVICE AND KGARDNER LLC SHALL NOT BE LIABLE FOR THIRD PARTY WEBSITE REPRESENTATIONS OF THIS SITE.

Privacy Notice and Document Retention Policy

Under the Gramm-Leach-Bliley Act, we are required to provide notice of our privacy and secure information policies and practices. In order to accurately and effectively provide tax and bookkeeping services, we must collect or otherwise access our clients’ financial information. Unless otherwise required or allowed by law, or consented to in advance, we keep all private, nonpublic information, including personal or business financial information, confidential.

For the protection, security, and preservation of your documents, they are securely stored electronically off-site at the completion of the project.

Intellectual Property Rights

Our Site, including, but not limited to, all logos, text, artwork, and source code, are, as applicable, ©Copyright 2014, KGardner LLC, all rights reserved, or protected under trademark laws.

You are granted a personal, revocable, non-transferable, and non-exclusive right and license to create a hyperlink to our Site provided you (1) comply with all applicable laws; (2) do not violate this terms of use agreement; and (3) ensure your website does not include any misleading, inaccurate, disparaging, or otherwise negative information about our Site or services. Should we revoke this license, you agree to immediately remove the hyperlink.

Before you otherwise use any of our copyrights or trademarks, contact us for express written permission.

Dispute Resolution

Before instituting any lawsuit, we each agree that we will attempt to resolve any dispute by engaging in mediation with a neutral professional who is mutually agreeable to the both of us. In the event we are unable to agree on a mediator, we shall each select a mediator and those two mediators shall select a third neutral mediator who shall be the individual who hears the dispute. The mediator shall mediate the dispute consistent with the Texas Alternative Dispute Resolution Procedures Act. Mediation shall be non-binding and confidential. We shall participate in good faith in accordance with the recommendations of the mediator and shall follow the procedures set forth by the mediator. All expenses of mediation, except expenses of each of us individually, shall be borne equally.

In the event we are unable to reach an agreement through mediation, we may then seek relief in court. WE EACH VOLUNTARILY WAIVE OUR RIGHT TO A JURY TRIAL AND CONSENT TO HAVE ANY DISPUTE ARISING UNDER THIS AGREEMENT DECIDED SOLELY AND EXCLUSIVELY BY THE COURT. Any judicial proceeding shall be held in Dallas County, Texas. Any party who fails or refuses to mediate prior to initiating a legal action shall not be entitled to seek reimbursement of attorneys' fees in the subsequently filed legal action.

Governing Law and Venue

By accessing this site, you give your irrevocable consent, without condition, to Texas law applying in any suits arising out of your Site use, and that all suits shall be brought only in courts with subject matter jurisdiction in Dallas County, Texas. With this agreement, you unconditionally and irrevocably waive any right to challenge jurisdiction or bring any defense that would result in a change of jurisdiction or venue.

Indemnification

UNDER THESE TERMS, YOU AGREE THAT YOU WILL INDEMNIFY AND HOLD WHITE ROCK TAX SERVICE AND KGARDNER LLC, AS WELL AS OUR ATTORNEYS, EMPLOYEES AND AFFILIATES, COMPLETELY HARMLESS FROM ALL CLAIMS, COSTS AND EXPENSES, INCLUDING REIMBURSEMENT OF REASONABLE ATTORNEY’S FEES, AND WILL DEFEND AGAINST ALL SUITS OR EXPENSES INCURRED FROM YOUR USE OF THIS SITE, ALL POSTED INFORMATION OR RESOURCES, AS WELL AS YOUR USE OF ANY LINKED THIRD PARTY WEBSITES.

Disclaimer of Warranties and Limitations and Exclusions of Liability

THE SITE IS PROVIDED FOR YOU TO USE “AS IS” AND “AS AVAILABLE.” USE THE SITE, INCLUDING ALL INFORMATION AND MATERIALS, AT YOUR OWN RISK. WE DISCLAIM ANY AND ALL EXPRESS AND IMPLIED WARRANTIES.

BY ACCESSING THE SITE, YOU AGREE WHITE ROCK TAX SERVICE AND KGARDNER LLC ARE NOT LIABLE FOR ANY DAMAGES THAT RESULT FROM YOUR USE OR INABILITY TO USE THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF DATA THAT OCCURS THROUGH YOUR USE.

Entire Agreement and Severability

These Terms of Use are our full agreement regarding your use of the Site.

If the Court finds that any sections of these Terms of Use are unlawful or otherwise unenforceable, they shall be severed, leaving all other sections in effect, valid, and enforceable.