Updated: November 2025
Thank you for using the Cleertax.com and Cleer.tax website and associated content (hereinafter “Website”). Cleer, LLC (referenced as “we”, “us”, and “Cleer LLC (Cleer)”) provides you (referenced as “you”, “user”, “viewer”, and “client”) with a limited license to use the Website subject to the terms and conditions contained within this Terms of Service Agreement (hereinafter “Agreement”). References to the Internal Revenue System may be referred to as the “IRS”.
This Website is intended to provide information and products to adults. This Website is not intended for children under the age of 16 to use without direct parental supervision. No one under the age of 16 may use the Website without the consent of their parent or legal guardian.
By using the Website, you acknowledge and agree to the terms of this Agreement. If you do not agree to the terms and conditions contained within this Agreement, you must discontinue use of the Website immediately. Cleer LLC (Cleer) reserves the right to suspend, replace, modify, amend, or terminate this Agreement at any time and within its sole and absolute discretion. In the event Cleer LLC (Cleer) replaces, modifies, or amends this Agreement, the Last Updated date, located at the top of this Agreement, will change. Continued use of the Website after a change in the Last Updated date above will constitute acknowledgement and agreement to an agreement with any replacement, modification, or amendment herein.
NOTICE OF ARBITRATION. THIS TERMS OF USE AGREEMENT CONTAINS AN ARBITRATION PROVISION AND CLASS ACTION WAIVER. EXCEPT AS OTHERWISE STATED UNDER THE TERMS OF THIS AGREEMENT, AND IF YOU DO NOT OPT-OUT OF ARBITRATION AS SET FORTH BELOW, YOU AGREE THAT ANY AND ALL DISPUTES BETWEEN YOU AND Cleer LLC (Cleer) WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO BRING OR RESOLVE ANY DISPUTE AS, OR PARTICIPATE IN, A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR ARBITRATION.
1. User Warranties
By using the Website, you warrant that you are age sixteen (16) or above the age of majority within your legal jurisdiction or have the express permission of your parent or legal guardian, are of sound mind, and have the capacity to agree to and uphold the terms and conditions contained within this Agreement. If you use the Website on behalf of a business entity or other third party, you warrant that you express actual authority to act as an agent of that business entity and third party and, as a component of that agency, have the right and ability to agree to the terms of this Agreement on behalf of that third party or business entity.
2. Privacy Policy
Cleer LLC (Cleer) hereby incorporates its Privacy Policy by reference as if fully restated herein.
3. Limited License
You acknowledge and agree that the Website is the property of or is licensed by Cleer LLC (Cleer) and is protected under United States and international law, including, but not limited to, intellectual property laws and other personal and proprietary rights. You acknowledge and agree that your use of the Website is limited by the license granted under the terms of this Agreement, and you expressly agree that you will not use the Website in any manner not expressly authorized under the terms of this Agreement. Cleer LLC (Cleer) reserves all rights not expressly granted through this Agreement.
Cleer LLC (Cleer) provides you with a limited, non-exclusive, non-sublicensable, non-assignable, revocable, and royalty free license to use the Website for its customary and intended purposes. You are expressly prohibited from reproducing, preparing derivative works of, distributing copies of, publicly performing, and publicly displaying the Website.
4. Acceptable Use Policy
You are expressly prohibited from using the Website to violate any law, statute, ordinance, regulation, or treaty, whether local, state, provincial, national or international, or to violate the rights of a third party, including, but not limited to, intellectual property rights, privacy rights, rights of publicity, or other personal or proprietary rights. Additionally, you are expressly prohibited from scraping, crawling, aggregating, hacking, performing denial of service attacks on, reverse engineering, or circumventing technological protection measures of the Website. Additionally, you are expressly prohibited from using any automated tools, software, or manual methods to acquire, extract, or reproduce data from the Website (data mining or scraping) for any commercial purpose, including, but not limited to, the utilization of such data for machine learning or the training of artificial intelligence systems.
5. User Generated Content
Cleer LLC (Cleer) may provide you with the ability to upload, contribute, or transmit user-generated content to or through the Website through your User Account (collectively “User-Generated Content”). You warrant that your User-Generated Content will not (i) violate any law, statute, regulation, or ordinance, whether local, state, provincial, national, or international, (ii) violate any term or condition of this Agreement, or (iii) violate the rights of third parties, including intellectual property rights and any other personal or proprietary rights. By submitting User Generated Content to the Website, you grant Cleer LLC (Cleer) a non-exclusive, irrevocable, royalty free, worldwide, and perpetual license to use your User-Generated Content for the customary and intended purposes of the Website. The customary and intended purposes of the Website may include, but are not limited to, fulfilling orders or displaying user reviews. By submitting User-Generated Content to the Website, you waive all moral rights or rights of publicity or privacy with respect to the User-Generated Content submitted to the Website. Cleer LLC (Cleer) assumes no responsibility, and cannot be held liable for, the conduct of any User Account that submits User-Generated Content to the Website.
6. Copyright Policy
The Website and its associated content and services are © 2022 Cleer LLC (Cleer). If you believe that a user of the Website has infringed upon your copyright rights, you may provide us a notice of copyright infringement that complies with § 512 of the Digital Millennium Copyright Act. Upon receipt of a notice that complies with this section, we will make a good faith attempt to notify the owner or uploader of the allegedly infringing content so that they can respond with a counter-notification.
This notice of copyright infringement must contain the following:
The physical or electronic signature of a person authorized to act on behalf of the copyright owner;
Identification of the copyrighted work(s) alleged to have been infringed;
The location of the copyrighted work(s) on the Website;
Your contact information, such as an address, telephone, fax number, or email address;
A statement that you have a good faith belief that the use of the allegedly infringing content is not authorized by the copyright owner, its agent, or the law; and
A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner.
If you are a Website user who believes that content subject to a notice of copyright infringement is not infringing, you may submit a counter-notification. This counter-notification must contain the following:
Identification of the specific materials that have been removed from the Website;
Your contact information, such as an address, telephone, fax number, or email address;
A statement, under penalty of perjury, that you have a good faith belief that the content was removed as a result of mistake or misidentification;
A statement that you consent to the jurisdiction of the federal district court in which your address is located or in which we are located;
A statement that you will accept service of process from the notifying party; and
Your physical or electronic signature.
Notifications of copyright infringement and counter-notifications must be submitted to us at hello@Cleertax.com or via postal address to the following address:
Attn: Cleer LLC (Cleer),
2885 Sanford Ave. SW #14713,
Grandville, MI 49418. USA.
7. Section 230 of the Communications Decency Act
You understand and agree that Cleer LLC (Cleer) provides the Website as a service and will not be held liable for and takes no responsibility for any interactions by and between users of the Website. You understand and agree that Cleer LLC (Cleer) is an interactive computer service as those terms are defined under Section 230 of the Communications Decency Act and that Cleer LLC (Cleer) cannot be held liable for any commercial or personal torts in its role as a publisher of information provided by third parties. Though Cleer LLC (Cleer) may edit, remove, or control the content submitted to and displayed through the Website by third parties, it will not be held liable for that content. The Website may contain links to third-party websites. The inclusion of such links does not imply approval or endorsement of the linked site by Cleer LLC (Cleer).
The user understands and agrees that Cleer LLC (Cleer) has the sole discretion to post a review or user submission. If the user submission violates an entity or person’s rights protected under libel and defamation laws, Cleer LLC (Cleer) reserves the right to investigate and act as it sees most proper, including but not limited to removal of the user submission.
8. Electronic Communications and Consent
By using the Website, submitting a service request, or communicating with Cleer LLC (Cleer) electronically, you consent to the use of electronic documents, electronic signatures, and the electronic delivery of all records and notices. You agree that any electronic communication provided by Cleer LLC (Cleer) satisfies all legal requirements that communications be in writing. You may withdraw this general electronic consent by contacting us in writing. By submitting your phone number, you grant Cleer LLC (Cleer) permission to contact you using automatic telephone dialing systems, pre-recorded voice messages, or direct dialing. You may revoke consent for calls at any time by written notice.
9. Products, Services, and Availability
Each order submitted to Cleer LLC (Cleer) through the Website is an offer to Cleer LLC (Cleer) to buy the service(s) listed in the order. When user purchases a product or service through the Website, Cleer LLC (Cleer) will send an email confirming receipt of the order. Receipt of this email confirms that user has placed an order, and you understand and agree that this email does not constitute Cleer LLC (Cleer)’s acceptance of your order until confirmation of services has been sent to you.
While Cleer LLC (Cleer) strives to provide regular access to its services and Website, it is possible high volume and/or specific products may be unavailable at the time of your order. If this is the case, Cleer LLC (Cleer) will contact you in a reasonable time frame to advise of the issue. You understand and agree that the availability of a product displayed through the Website does not guarantee that the service will be available at a certain date or time. Cleer LLC (Cleer) offers information and services to Users about tax compliance and laws. Cleer LLC (Cleer) gives no guarantee or warranty that the Website’s information is accurate, up-to-date, or should be relied upon by the user. Any technical information found on the Website is for educational purposes only, and gives no legal advice, endorsement, treatment, or any other form of legal related services or consultation that requires a license. The Website is provided on and “as is” basis, meaning no user has any claim for breach of this Agreement in the event that the user obtains false, improper, or misleading information about any relevant tax professional or legal counsel.
For additional information on the services provided by Cleer LLC (Cleer), please see §§ 10-14, below. The descriptions of services provided in §§ 10-14 are only meant to be a baseline of expected services available, however, Cleer LLC (Cleer) makes no guarantee that these services are all available at all times.
10. Tax Services
Tax services are offered on a flat-rate basis, with exclusions for more complex scenarios. Pricing and details are provided on CleerTax.com. Any taxes, penalties, or interest due are not included in the filing cost. If a client’s situation exceeds the package parameters, Cleer LLC (Cleer) may upgrade the service and invoice the difference. Guarantees on tax service work are limited to errors made by Cleer LLC (Cleer) liability shall be limited to the lesser of one thousand U.S. dollars (USD $1,000.00) or the total fees paid by the client. Errors caused by missing or incomplete client information may incur additional correction charges, and Cleer LLC (Cleer) retains the exclusive right to determine fault.
10.1. Client Responsiveness and Service Expiration – Tax Services
If a client purchases tax preparation or related tax services from Cleer LLC (Cleer) and becomes unresponsive or fails to provide required information, Cleer LLC (Cleer)’s obligation to perform such services will automatically expire thirty (30) days after the relevant tax return deadline or six (6) months after the purchase date, whichever occurs first. No refunds will be issued in these circumstances, and any subsequent services will require a new engagement and payment.
11. Bookkeeping
Bookkeeping services are offered on a monthly basis. Annual contracts may occasionally be offered at a discounted rate at the discretion of Cleer LLC (Cleer). Pricing for bookkeeping services is published on CleerTax.com and may change from time to time. Clients are charged based on the pricing in effect at the time of purchase or renewal. Catch-up bookkeeping for prior periods is available to tax-only clients and is charged based on the number of transactions for the period being processed. Cleer LLC (Cleer)’s obligation to complete bookkeeping for any month expires thirty (30) days after the closing date for that specific month of service. No refunds will be issued where the client’s delay or failure to provide information prevents Cleer LLC (Cleer) from fully delivering the purchased service. Package limitations are set based on expenses or numbers of transactions, depending on the type of package. Exceeding the package limit for two months will trigger the need to adjust to the next lowest priced package. The cost of catch-up bookkeeping services does not include any of the other bookkeeping package benefits such as tax returns or consultation calls. We do not log in to third-party accounts- we are not added to bank accounts to check balances, providing bank statements is the responsibility of the client and we will not access accounts on a third-party website. Additional bookkeeping work outside the scope of the package is available at the rate of $150 per hour. Guarantees on bookkeeping services are limited to errors made by Cleer LLC (Cleer). In the event Cleer LLC (Cleer) is liable for an error resulting from bookkeeping services, Cleer LLC (Cleer)’s liability shall be limited to the lesser of one thousand U.S. dollars (USD $1,000.00) or the total fees paid by the client for that particular month of bookkeeping service. Any errors related to information not provided at the time the monthly services were provided may incur additional charges for correction. Cleer LLC (Cleer) maintains the exclusive right to determine if an error was made by Cleer LLC (Cleer) or via other means. If Cleer LLC (Cleer) finds that the error was not on the part of any employee or agent of Cleer LLC (Cleer), then the additional charges will apply to the User’s service.
12. Delaware Franchise Tax
By engaging Cleer LLC (Cleer) for Delaware Franchise Tax filing purposes the client agrees that they will allow us to access the Delaware state website on their behalf. The franchise tax payment and any penalties and interest incurred are additional to the cost of the service. After completing the information to prepare the return, our team will send a one-time access code for the client to go in and complete the engagement by finalizing and paying the tax due. If the tax is not paid at the time of submission, the service will be nullified and the full price for an additional service fee will result. In order to file Delaware Franchise Tax with optimum results, you may need additional legal services outside the scope of Cleer LLC (Cleer)’s services. If necessary, a referral will be made and any cost involved in these additional legal services is the responsibility of the client.
13. Consultations
Cleer LLC (Cleer) consultation services are available as an additional service. Consultations are intended to discuss general tax matters and are not to be construed as legal advice. Written opinions and summaries after the call are not provided, as the amount of research time in a one-hour consultation is not sufficient to prepare a position that addresses all potential factors that could affect a tax situation. If an opinion letter is warranted there will be an outside referral to obtain additional legal support, and Cleer LLC (Cleer) cannot be held responsible for the results of services provided by third party recommendations or expected to cover the cost of these services.
14. Representation
The IRS does, at times, make errors. When Cleer LLC (Cleer) determines that an IRS notice, penalty, or adjustment is the result of an IRS error, as a gesture of goodwill, Cleer LLC (Cleer) will usually prepare and send a one-time courtesy letter on the Client’s behalf at no charge to seek correction. If that letter does not resolve the issue, the taxpayer must interact directly with the IRS or obtain separate paid representation outside the scope of standard services. If a penalty or loss is caused by a Cleer LLC (Cleer) error, Cleer LLC (Cleer)’s liability shall be limited to the lesser of one thousand U.S. dollars (USD $1,000.00) or the total fees paid by the client for the particular service in question. Cleer LLC (Cleer) will determine whether an error is attributable to Cleer LLC (Cleer).
Cleer LLC (Cleer) representation services are limited to phone and mailed letter support, we do not directly provide support for examinations, appeals, or tax court controversies. IRS representation services are only available for years of tax returns that Cleer LLC (Cleer) has prepared. Furthermore, we cannot guarantee any outcomes as there are many complex aspects to representation agreements that can make working with the IRS challenging, and we cannot guarantee a favorable outcome. By electing to use representation services you are agreeing to promptly provide Cleer LLC (Cleer) with all IRS communications received and to respond to informational requests from Cleer LLC (Cleer) within one week. We are not able to promise timelines of resolution of any issues because the IRS staffing is beyond our control. With phone representation we will try calling the IRS at least one time each week during periods where phone support from the IRS is not available, but it is not our responsibility to call daily and wait on hold for hours on end. The IRS typically responds only by mailed letters and it is the taxpayer’s responsibility to keep their address on file updated. Cleer LLC (Cleer) will not receive communications on behalf of the taxpayer, it is the client’s responsibility to check mail and send Cleer LLC (Cleer) all letters.
Any failure to comply with the requirements set forth above for representation services may result in harm to the client. Failure to comply with disclosing proper information or consenting to proper representation will exclusively fall on the responsibility of the user. Cleer LLC (Cleer) may not be held liable for any actions taken, or not taken, by user that harm user in Cleer LLC (Cleer)’s attempt to represent user.
15. Payment
Payment for all orders placed through the Website must be made at the time of ordering. You agree that you will pay all applicable taxes or charges imposed by any governmental entity anywhere in the world in connection with your use of the Website or purchase of goods through the Website. All costs and fees are quoted and payable in United States Dollars and you acknowledge and agree that Cleer LLC (Cleer) is not responsible for any foreign transaction fees or other fees charged to you by your financial institution or by Cleer LLC (Cleer)’s payment processor. You agree that you will not initiate any chargebacks to Cleer LLC (Cleer) unless otherwise authorized by Cleer LLC (Cleer) in writing. You understand and agree that you will be responsible and required to pay for any costs associated with any chargebacks that you have initiated against Cleer LLC (Cleer).
16. Taxes
You agree that you will pay all taxes assessed by governmental bodies, whether local, state, provincial, national, or international, associated with your use of the Website. Cleer LLC (Cleer) will report as income all payments received from you to Cleer LLC (Cleer) to all proper taxing authorities.
17. Refunds
Cleer LLC (Cleer) will not offer refunds in cases where services cannot be provided due to the client’s failure to provide complete or timely information, documentation, or actions required to complete the engagement, or due to the client’s refusal to continue services based on disagreements regarding tax positions taken by Cleer LLC (Cleer). Refunds are not available for bookkeeping services or bundled packages where the client’s inaction prevents Cleer LLC (Cleer) from fully delivering the purchased services on a timely basis. Cleer LLC (Cleer) does not provide refunds in cases where a client purchases and then decides not to file or use the services purchased for any reason. In all other circumstances, Cleer LLC (Cleer) reserves the exclusive right to determine whether a refund is warranted, in Cleer LLC (Cleer)’s sole discretion. All refunds are net of merchant processor fees.
18. IRS Penalties
Cleer LLC (Cleer) is not responsible for any penalties, interest, or other charges incurred by the client unless such penalties are solely caused by an error made by Cleer LLC (Cleer). Cleer LLC (Cleer) shall maintain the exclusive right to determine whether an error was made by Cleer LLC (Cleer). The maximum liability Cleer LLC (Cleer) will ever have in connection with any tax return filing or related service is limited to the lesser of one thousand U.S. dollars (USD $1,000) or the total fees paid by the client for that particular service, even if the error is made by Cleer LLC (Cleer). Client failures, including but not limited to failing to provide timely and complete information, failing to provide details, failing to register with a state tax office, or failing to request an extension, are all events that will not create liability for Cleer LLC (Cleer) to cover related penalties. Cleer LLC (Cleer) will not be liable for any penalties related to failure to file international information returns. The client questionnaire is Cleer LLC (Cleer)’s primary source of truth for client information. Clients who fail to provide accurate or complete information in the questionnaire cannot hold Cleer LLC (Cleer) liable for errors or omissions that arise from that lack of information. Clients remain responsible for thoroughly reviewing all returns filed for accuracy, and to inform Cleer LLC (Cleer) promptly or any errors therein.
19. Efile Limitations
By requesting services with Cleer LLC (Cleer) you are authorizing us to email certain documents on your behalf. The IRS typically allows efiling only of the past three years’ worth of tax returns, any late or amended returns that need to be filed outside this period will not be able to be efiled. Furthermore, the IRS typically suspends efiling in November and reopens in January, and efile is unavailable during this time period. While Cleer LLC (Cleer) takes all reasonable steps to minimize efile disruptions and ensure everything is filed completely and accurately, there are risks involved that the transmission may not be completed or not all information may transfer and later correspondence with the IRS will be required to complete the filing process. Furthermore, any payments made through the efile system must be verified by clients to make sure they processed properly within a two-week time period after the submission of the tax returns. Cleer LLC (Cleer) cannot be held responsible for any delays or penalties that accrue due to limitations in efiling, tax software errors on software not developed by Cleer LLC (Cleer), or errors incurred within the IRS efile system. Cleer LLC (Cleer) has no authority or control over the IRS efile system, and you acknowledge that you will hold Cleer LLC (Cleer) harmless in the event the IRS efile system is in error or shut down.
20. Faxing of Information
By requesting services with Cleer LLC (Cleer) you are authorizing us to fax certain documents on your behalf. Certain tax returns are required to be faxed to the IRS for submission, including full tax returns after signature for foreign owned disregarded entities, such as an LLC owned by a single non-US individual or company. The fax confirmation is the only confirmation received proving that these documents were submitted, and the IRS does not quality check these submissions as in the efile submissions system. Fax communications are also often used to provide documents to the IRS during representation calls, and by engaging Cleer LLC (Cleer) for representation purposes you are granting Cleer LLC (Cleer) express authorization to fax your sensitive personal information to IRS phone representatives.
21. Mailing Services
By requesting services with Cleer LLC (Cleer), you are authorizing us to mail certain documents on your behalf on an as-needed basis. Efiling of tax returns and other documents is included in the base price of services. If anything needs to be mailed out then the client will be responsible for mailing this directly. If they want Cleer LLC (Cleer) to mail on their behalf an additional mailing fee will apply. Not all forms are eligible for mailing and there are limitations to the types of forms Cleer LLC (Cleer) can mail as some forms require wet signatures or additional supporting documents to be attached when mailed.
22. Phone Support
In order to keep prices and overhead low, Cleer LLC (Cleer) does not provide call center support for clients. Consultation calls may be offered from time to time, and if available, they can be purchased directly on our website. For security purposes, all consultation calls are held via a web app service, and no clients are called directly by phone. Consultations are scheduled a minimum two days in advance, and up to three weeks during peak times. Urgent and time-sensitive matters should be addressed via email.
23. Partner Policy
Clients who sign up through a partner referral are granting access to Cleer LLC (Cleer) sharing limited information about the types of products purchased, the stage of completion, and the names and contact information of the company and partners. Client also grants us permission to reach out to referring partner to obtain any information Cleer LLC (Cleer) needs to complete services. Application Programming Interface (“API”) access will be limited to non-sensitive information and only for clients who have authorized access. For partners, there may be limitations to the number of calls available, and information may not be constantly updated based on this.
24. Referrals
Sometimes it is necessary for Cleer LLC (Cleer) to provide referrals to outside service providers such as legal services, representation, or tax professionals who specialize in a certain area of practice. By making this recommendation, Cleer LLC (Cleer) is not endorsing this service provider and use of this provider is voluntary on behalf of the client. Cleer LLC (Cleer) cannot be held responsible for any errors or delays in service related to services provided outside of Cleer LLC (Cleer).
25. Cyber Security
Cleer LLC (Cleer) is taking all reasonable steps to secure your information from cyber-attacks or data breaches. In the case of a data breach, we will inform the affected Clients within 48 hours of becoming aware of the issue. It is recommended that all tax clients obtain Identity Protection pins from the IRS to secure their personal tax accounts and to prevent anyone filing a false tax return under their social security number and/or EIN. Please be advised that the IRS never sends informational requests via email and/or phone. Be wary of giving personal and financial information via phone and email. It is Cleer LLC (Cleer) policy not to accept any sensitive documents via email. We require all documents to be uploaded to our secure folder systems. Furthermore, it is not Cleer LLC (Cleer) policy to request any personal information over the phone.
26. Privacy Policy for Specific Information
Client grants information for Cleer LLC (Cleer) to share with the IRS and state tax departments through an online efile system. Transfer of sensitive information should only take place through the secure file storage system (Box) or other secure file sharing portal and/or through secure e-signature applications. Email is and should not be used for sending sensitive data. Cleer LLC (Cleer) will not access any information through third party portals or Client’s bookkeeping software, with the exception of bookkeeping clients of Cleer LLC (Cleer) connected to Xero. It is the client’s responsibility to provide all documents needed for tax return preparation to Cleer LLC (Cleer) in the secure file. Communications with clients are protected under accountant-client privilege. This privilege means that we cannot be compelled to disclose confidential communications made during consultations. However, this privilege is limited to civil investigations and is not valid during IRS criminal investigations. Cleer LLC (Cleer) will comply with any court order, maintaining proper jurisdiction, for any disclosure of information.
27. User Accounts
Cleer LLC (Cleer) may provide Clients with the ability to create a user account, either through a Cleer LLC (Cleer)-developed portal, or through a supported third-party vendor engaged by Cleer LLC (Cleer), which may provide Client access to view protected areas and products through the Website (hereinafter “User Account”). A User Account may be created by providing information to Cleer LLC (Cleer) upon purchase of services and/or when Client voluntarily creates an account utilizing third-party services provided by Cleer LLC (Cleer). User Accounts created on third-party platforms are governed exclusively by those third-party services’’ terms of use agreement and privacy policies. Cleer LLC (Cleer) only has control and this Agreement only governs the User Account of platforms created by and governed by Cleer LLC (Cleer). Client acknowledges and agrees that Client controls access to Client User Account. User Account may only be used by Client and/or third parties with express written consent of Client. Cleer LLC (Cleer) will not be held responsible or liable for any unauthorized access to Client User Account, and you are under a continuing duty to promptly provide Cleer LLC (Cleer) with notice of any unauthorized or unusual access to Client User Account. Clients are advised to keep username and password associated with User Account secure and secret. By creating a User Account and providing personal information to Cleer LLC (Cleer), Client acknowledges and agrees that Cleer LLC (Cleer) may use personal information to contact you.
Cleer LLC (Cleer) reserves the right to suspend or terminate any User Account at any time and in its sole and absolute discretion, including, but not limited to, for a violation of any term or condition of this Agreement. When accessing User Account, Client warrants and agrees that, on behalf of Client’s company and past, present, and future agents, servants, employees, representatives, and attorneys, Client will hold the terms of all Cleer LLC (Cleer) pricing and products confidential and will refrain from distributing Cleer LLC (Cleer) proprietary information to any third parties except: (a) as may be required pursuant to a court order or other lawful process; or (b) as may be required by applicable law (including tax laws and regulations). This confidentiality provision will not extend to any pricing or inventory information that is now or may in the future become generally available to the public through no improper action or inaction by Cleer LLC (Cleer) or its affiliates, agents, consultants, or employees. Client and Cleer LLC (Cleer) acknowledge and agree that a violation of this confidentiality obligation would cause Cleer LLC (Cleer) irreparable harm not compensable by monetary damages. Accordingly, in the event of an actual or threatened violation of your confidentiality obligations under this section, Cleer LLC (Cleer) will be entitled to temporary, preliminary, and permanent injunctive relief, without the necessity of filing a bond. Additionally, in the event of Client actual violation of these confidentiality obligations, Cleer LLC (Cleer) will be entitled to recover against Client (a) actual monetary damages; and (b) in all events where liability is established, the reasonable attorneys’ fees and costs incurred in connection with establishing liability.
28. Third Party Links
You acknowledge and agree that the Website may contain links to third party websites or content that Cleer LLC (Cleer) does not own or control. You are advised to review the terms and conditions of any third-party websites or content linked to through the Website, and you agree that Cleer LLC (Cleer) will not be responsible for websites not under the ownership or control of Cleer LLC (Cleer).
29. Term and Termination
The term of this Agreement will begin upon Client’s first access of the Website and will continue until the earlier of the following: (i) Cleer LLC (Cleer) terminates Client access to the Website; (ii) Client ceases using the Website and terminates their User Account, or (iii) notification to Cleer LLC (Cleer), via writing, that Client wishes to terminate contractual relationship with Cleer LLC (Cleer), so long as it does not breach any other term of this Agreement. Cleer LLC (Cleer) reserves the right to terminate the Website or Client access to the Website in its sole and absolute discretion and without prior notice.
30. Trademarks
User acknowledges and agrees that any and all trademarks, trade names, design marks, or logos displayed on the Website by Cleer LLC (Cleer), common law or registered trademarks owned by or licensed to Cleer LLC (Cleer), or any other marks used in connection with service or products. Users are expressly prohibited from using the trademarks of Cleer LLC (Cleer) to cause confusion in, to cause mistake in, or to deceive consumers, or from falsely designating the origin of, the source of, or the sponsorship of goods or services. Users are further prohibited from using the trademarks of Cleer LLC (Cleer) in domain names, in keyword advertisements, to trigger keyword advertisements, or in meta tags. All other trademarks, trade names, design marks, or logos are the property of their respective owners.
31. Americans with Disabilities Act Accessibility Policy
We are happy to accommodate users with special needs or requirements. Cleer LLC (Cleer) is committed to providing its employees and the public, including persons with disabilities, with access to the Website and its related information and products. In designing the website, Cleer LLC (Cleer) makes reasonable efforts to comply with the WCAG 2.1 Level AA web accessibility standards. Cleer LLC (Cleer) utilizes Wave and its associated Automated AI powered accessibility solution. The Website has been designed to reach the widest audience possible, but, if a user has difficulty viewing the Website, using the Website, or performing any transaction through the Website, please contact Cleer LLC (Cleer) at Hello (at) Cleertax.com.
32. Disclaimer of Warranties and Limitation of Liability
USER ACKNOWLEDGES AND AGREES THAT THE WEBSITE AND ANY PURCHASED SERVICES, PRODUCTS OR FREE DEMOS ARE PROVIDED ON AN “AS-IS” BASIS AND WITHOUT WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, AND NON-INFRINGEMENT. WHEREVER PERMITTED BY LAW, USER ACKNOWLEDGES THAT Cleer LLC (Cleer) WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY CLAIMS, DAMAGES, JUDGMENTS, CHARGES, OR FEES ARISING OUT OF OR RELATED TO YOUR USE OF OR ACCESS TO THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY DAMAGES, CONSEQUENTIAL DAMAGES, SPECIAL DAMAGES, INCIDENTAL DAMAGES, PUNITIVE DAMAGES, EXEMPLARY DAMAGES, COSTS, AND ATTORNEYS’ FEES, DAMAGES ARISING OUT OF ERRORS OR OMISSIONS, AND DAMAGES ARISING OUT OF THE UNAVAILABILITY OF THE WEBSITE OR DOWNTIME. USER ACKNOWLEDGES THAT USE OF THE WEBSITE IS AT THEIR SOLE RISK AND THAT Cleer LLC (Cleer)’s LIABILITY IS LIMITED TO THE AMOUNT PAID TO USE THE WEBSITE OR $1,000.00, WHICHEVER IS LESS.
Cleer LLC (Cleer) EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR ANY DAMAGE, INJURY, HARM, COST, EXPENSE, OR LIABILITY ARISING OUT OF OR RELATED TO USE OR MISUSE OF SERVICES PURCHASED THROUGH THE WEBSITE OR SERVICES ADVERTISED. EXCEPT FOR THE WARRANTIES SPECIFICALLY STATED IN THIS AGREEMENT, SERVICES PURCHASED THROUGH THE WEBSITE ARE PROVIDED WITHOUT EXPRESS, IMPLIED, OR STATUTORY WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, NON-INFRINGEMENT, OR QUALITY. SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OF IMPLIED WARRANTIES. IF USER IS LOCATED IN SUCH A JURISDICTION, YOU ARE ADVISED TO SEEK LEGAL ADVICE TO DETERMINE IF THIS EXCLUSION APPLIES TO YOU.
33. Limitation of Liability
Cleer LLC (Cleer) WILL NOT BE LIABLE UNDER ANY LEGAL THEORY, WHETHER IN WARRANTY, CONTRACT, STRICT LIABILITY, TORT, OR NEGLIGENCE, FOR ANY DAMAGES, CLAIMS, INJURIES, JUDGMENTS, COSTS, OR LIABILITIES OF ANY KIND ARISING OUT OF OR RELATED TO USE OR MISUSE OF SERVICES PURCHASED THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, DAMAGE TO PROPERTY, LOSS OF BUSINESS, LOSS OF INCOME, DEATH, PERMANENT OR TEMPORARY DISABILITY, SPECIAL DAMAGES, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNITIVE DAMAGES, OR EXEMPLARY DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE. USER ACKNOWLEDGES THAT USE OF SERVICES PURCHASED OR SERVICES ADVERTISED THROUGH THE WEBSITE IS AT THE SOLE RISK OF USER. Cleer LLC (Cleer)’s LIABILITY IS LIMITED TO THE AMOUNT PAID FOR SERVICE OR $1,000.00, WHICHEVER IS LESS.
34. Engagement and Non‑Solicitation
Client agrees that during the term of this Agreement and for a period of eighteen (18) months following its termination or expiration, Client will not, directly or indirectly, engage, solicit, hire, or contract with any current or former employee, contractor, or consultant of Cleer LLC (Cleer) who performed services on behalf of Client under this Agreement for work outside the scope of this Agreement, without Cleer LLC (Cleer)’s prior written consent. This restriction is necessary to protect Cleer LLC (Cleer)’s investment in its workforce and the continuity of its services. A breach of this section may cause irreparable harm to Cleer LLC (Cleer) for which monetary damages may be inadequate; Cleer LLC (Cleer) may seek injunctive or equitable relief in addition to any other remedies available.
35. Indemnification
User agrees to indemnify, defend, and hold harmless Cleer LLC (Cleer), its officers, shareholders, directors, employees, subsidiaries, affiliates, and representatives from any and all losses, including, but not limited to, costs and attorneys’ fees, arising out of or related to (i) use of the Website, (ii) purchase of products or services through the Website; (iii) use or misuse of products or services obtained through the Website; (iv) your User Generated Content; (v) violation of any term or condition of this Agreement; (vi) violation of the rights of third parties, including, but not limited to, intellectual property rights or other personal or proprietary rights; and (vii) violation of any law, statute, ordinance, regulation, or treaty, whether local, state, provincial, national or international. User obligation to defend Cleer LLC (Cleer) will not provide user with the ability to control Cleer LLC (Cleer)’s defense, and Cleer LLC (Cleer) reserves the right to control its defense, including its choice of counsel and whether to litigate or settle a claim subject to indemnification.
36. Resolution of Disputes and Governing Law
This Agreement will be governed by and interpreted in accordance with the laws governed by the State of Connecticut without regard to the conflicts of laws rules thereof. USER AND Cleer LLC (Cleer) AGREE THAT ARBITRATION WILL BE THE EXCLUSIVE FORUM AND REMEDY AT LAW FOR ANY DISPUTES ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR CONCERNING THE VALIDITY, INTERPRETATION, BREACH, VIOLATION, OR TERMINATION OF THIS AGREEMENT. THIS ARBITRATION WILL BE HELD IN Fairfield County, Connecticut, UNITED STATES AND WILL BE HELD IN ACCORDANCE WITH THE MOST RECENTLY EFFECTIVE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATOR WILL DECIDE THE CLAIM ON THE BASIS OF THE LEGAL PRINCIPLES AND LAWS OF THE State of Connecticut AND WILL HAVE THE DISCRETION TO AWARD ALL COSTS AND ATTORNEYS’ FEES. THE LOSING PARTY WILL BE REQUIRED TO PAY THE PREVAILING PARTY’S REASONABLE ATTORNEYS’ FEES. USER AND Cleer LLC (Cleer) AGREE THAT THE DETERMINATION OR AWARD OF THIS ARBITRATOR MAY BE ENTERED AS A JUDGEMENT IN ANY COURT THAT HAS JURISDICTION OVER THE SUBJECT MATTER OF THE DISPUTE. USER AND Cleer LLC (Cleer) AGREE THAT THE PARTIES WILL BE REQUIRED TO BE PRESENT WITHIN THE State of Connecticut IN ORDER TO PERFORM THEIR OBLIGATIONS UNDER THIS AGREEMENT. USER AND Cleer LLC (Cleer) HEREBY AGREE TO SUBMIT TO THE EXCLUSIVE PERSONAL AND SUBJECT MATTER JURISDICTION OF ANY SUCH ARBITRATOR OR ARBITRATION PROCEEDING.
Notwithstanding the foregoing, both parties retain the right to file any claim that is not a class action and which is properly within the limited jurisdiction of a small claims court within small claims court. Both parties understand and agree that they explicitly waive their rights to participate as a class representative or a class member in any class action lawsuit or arbitration proceeding arising out of or in relation to this Agreement. Both parties also explicitly waive any right to assert consolidated claim with respect to any lawsuit or arbitration proceeding that may arise out of or in relation to this Agreement.
Both parties understand and agree that their liability under the terms of this Agreement shall not exceed $1,000.00. Both parties understand and agree, and explicitly waive that the arbitrator of any claim or dispute arising out of or in relation to this Agreement will be prohibited from granting consequential, special, indirect, incidental, punitive, or exemplary damages. BOTH PARTIES UNDERSTAND AND AGREE THAT ALL DISPUTES ARISING OUT OF OR IN RELATION TO THIS AGREEMENT MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE ON WHICH THE DISPUTE AROSE. THE PARTIES EXPLICITLY WAIVE ANY AND ALL STATUTE OF LIMITATIONS OR TIME BARS.
37. Force Majeure
Cleer LLC (Cleer) cannot be held responsible for service disruptions or IRS communications issues due to Acts of God, Severe Weather Incidents, and Pandemics. If any disruption occurs on our end, we have emergency plans that include requirements to inform clients who may be affected within 48 hours of Cleer LLC (Cleer) becoming aware of the incident.
38. Survivability
The representations, warranties, duties, and covenants made by you under this Agreement will survive the termination of this Agreement, User Account, or the Website, including, but not limited to, user and/or Client duty to indemnify and defend Cleer LLC (Cleer).
39. Severability
In the event any term or condition of this Agreement is deemed invalid or unenforceable, the remaining terms and conditions of this Agreement will remain in full force and effect.
40. Interpretation
This Agreement will be deemed to have been drafted by both parties, and the terms and conditions of this Agreement will not be interpreted against its drafter.
41. Assignment, Waiver, Privacy Policy, and Integration
Users and/or Clients are expressly prohibited from assigning their rights and duties under this Agreement. Cleer LLC (Cleer) reserves the right to assign its rights and duties under this Agreement, including in a sale of Cleer LLC (Cleer) or its Website. No term or condition of this Agreement or breach of this Agreement will be deemed to have been waived or consented to unless said waiver is in writing and signed by the party to be charged. This Agreement is the entire agreement between the parties and supersedes all previous agreements or representations between the parties. Cleer LLC (Cleer) incorporates by reference its Privacy Policy as if fully stated herein.