Terms and Conditions
Welcome to The Barker Group LLC!
These are the terms and conditions for:
By using the website and services, you agree to be bound by these terms and conditions and our privacy policy. In these terms and conditions, the words "website", refer to The Barker Group LLC’ website, "we", "us", "our", and "The Barker Group LLC", refer to The Barker Group LLC, and "you", and "user", refer to you, the user or client of The Barker Group LLC.
The following terms and conditions apply to the website and services offered by The Barker Group LLC. This includes any version of The Barker Group LLC accessible via desktop, mobile, tablet, social media or other devices.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OR OBTAINING ANY INFORMATION OR SERVICES FROM THE WEBSITE.
1. ACCEPTANCE OF TERMS
This agreement sets forth legally binding terms for your use of the website and services offered by The Barker Group LLC. By using the website and services, you agree to be bound by this agreement. If you do not agree to the terms of this agreement, you must not use the website and services. We may modify this agreement from time to time, and such modification shall be effective upon posting on the website. You agree to be bound by any modification of these terms and conditions when you use the website and the services offered on the website after such modification is posted on the website; therefore, it is important that you review this agreement regularly.
The Barker Group LLC may, in its sole discretion, refuse to offer the services to any user and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the service and website is revoked in such jurisdictions.
By using the website and services, you represent and warrant that you have full right, power and authority to enter into this agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are not subject to any legal incapacity or contractual restriction that would prevent you from entering into this agreement.
2. NOTIFICATIONS AND NEWSLETTER
By providing The Barker Group LLC with your e-mail address, you agree that we may use your e-mail address to send you important notifications and communications about our services, news and special content. If you do not wish to receive these e-mails, you may opt-out of receiving them by sending us your request through our contact information or by using the "unsubscribe" option in the e-mails themselves. This option may prevent you from receiving emails about our services, important news and special content.
3. ACCOUNT
When registering on our website, the user can choose to use their existing Facebook or Google accounts as the registration and login method, allowing for an efficient and secure authentication process. Alternatively, the user can choose to register by providing a valid email address.
You are responsible for maintaining the confidentiality of your account information, and you are fully responsible for all activities that occur under your account. You agree to immediately notify The Barker Group LLC of any unauthorised use of your password or account or any other breach of security, and to ensure that you log out of your account at the end of each session. You may never use another user's account without The Barker Group LLC's prior authorisation. The Barker Group LLC will not be liable for any loss or damage arising from your failure to comply with this agreement.
Users may cancel their accounts at any time and for any reason through the account settings or by sending us their request through our contact information. Such cancellation will only result in the deletion of the account and the deletion of all personal data provided to The Barker Group LLC. The Barker Group LLC reserves the right to terminate your account or your access immediately, with or without notice, and without any liability to you, if The Barker Group LLC believes that you have violated any of the provisions contained in these terms and conditions.
4. SERVICES
The Barker Group LLC offers tax preparation services, detailed on our website where users can find full descriptions of each service along with corresponding pricing. Prior to engaging these services, users have the option to schedule a free consultation to discuss their specific tax preparation needs and receive advice tailored to their tax situation.
By using the services of The Barker Group LLC, users agree that it is their responsibility to provide accurate and complete information necessary for the preparation of their tax returns. The Barker Group LLC agrees to use this information exclusively for tax preparation purposes and to handle all personal data with the highest degree of confidentiality and in accordance with applicable data protection laws.
The accuracy of tax returns prepared by The Barker Group LLC depends on the accuracy of the information provided by the user. While The Barker Group LLC strives to ensure that all calculations and filings are correct, the company is not responsible for return errors resulting from incorrect or incomplete information supplied by the user.
Users should also be aware that The Barker Group LLC does not provide legal or investment advice. Any decisions made based on the interpretation of tax laws during the tax preparation process should be confirmed and, if necessary, consulted with an independent legal or financial advisor.
Finally, users agree that all payments for tax preparation services made to The Barker Group LLC are final and non-refundable once the tax return has been prepared, even if the user chooses not to file the return through our firm. We reserve the right to modify the prices and services offered and published on our website, with prior notice to users in cases where such modifications may affect the services already contracted.
5. LIMITATION OF LIABILITY
The Barker Group LLC and its affiliates, officers, employees, agents, suppliers and licensors shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages of any kind arising out of the use or inability to use the tax preparation services offered. This limitation of liability applies even if The Barker Group LLC has been advised of the possibility of such damages.
The Barker Group LLC's liability is limited solely to the preparation of your tax return based on the information provided by you. We are not responsible for errors in the tax return resulting from incorrect or incomplete information provided by the user. In addition, The Barker Group LLC assumes no responsibility for any action or decision made by the user based on the tax return prepared or advice provided.
The Barker Group LLC is also not responsible for any delays, errors or problems arising as a result of changes in tax law or interpretations of tax law that occur after the tax return has been prepared. Likewise, we are not responsible for delays or failures in the processing of tax returns by tax authorities.
Users agree to indemnify and hold harmless The Barker Group LLC and its officers, employees and agents from any claim, cause of action, demand, recovery, loss, damage, fine, penalty or other cost or expense of any kind or nature, including but not limited to reasonable legal fees, arising out of or related to the improper use of the tax preparation services, the user's violation of the terms of the agreement, or the violation of any rights of a third party.
This limitation of liability clause shall remain in effect even if the agreement between the user and The Barker Group LLC terminates, and applies to the maximum extent permitted by law.
6. COPYRIGHT
All content on The Barker Group LLC website, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, software and other items are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by The Barker Group LLC or by third parties who have licensed or provided their material to the website. You acknowledge and agree that all materials on The Barker Group LLC are made available for limited, non-commercial, personal use only. Except as specifically provided herein. No material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without The Barker Group LLC prior express written permission. You may not add, delete, distort, or otherwise modify the material. Any unauthorized attempt to modify any material, to defeat or circumvent any security features, or to utilize The Barker Group LLC or any part of the material for any purpose other than its intended purposes is strictly prohibited.
7. COPYRIGHT INFRINGEMENT
The Barker Group LLC will respond to all inquiries, complaints and claims regarding alleged infringement for failure to comply with or violation of the provisions contained in the Digital Millennium Copyright Act (DMCA). The Barker Group LLC respects the intellectual property of others, and expects users to do the same. If you believe, in good faith, that any material provided on or in connection with the website infringes your copyright or other intellectual property right, please send us your copyright infringement request pursuant to Section 512 of the Digital Millennium Copyright Act (DMCA), via our contact information, with the following information:
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Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers or a statement regarding ownership of the work should be included.
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A statement that specifically identifies the location of the infringing material, in sufficient detail so that The Barker Group LLC can find it on the website.
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Your name, address, telephone number and email address.
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A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorized by the copyright owner, or its agents, or by law.
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A statement by you, made under penalty of perjury, that the information in your notification is accurate, and that you are the copyright owner or authorized to act on its behalf.
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An electronic or physical signature of the copyright owner or of the person authorized to act on the copyright owner's behalf.
8. PERSONAL DATA
Any personal information you submit in connection with your use of the website and our services will be used in accordance with our privacy policy. By using the website and our services, you consent to our collection and storage of your personal information. View our privacy policy.
9. PROHIBITED ACTIVITIES
The following activities are prohibited:
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Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any content of the services, including but not limited to, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with this agreement or without our express written permission.
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Violate the restrictions in any robot exclusion headers on the services or bypass or circumvent other measures employed to prevent or limit access to the services.
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Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure.
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Deep-link to any portion of the services for any purpose without our express written permission.
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"Frame", "mirror" or otherwise incorporate any part of the website into any other websites or service without our prior written authorization.
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Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by The Barker Group LLC in connection with the services.
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Circumvent, disable or otherwise interfere with security-related features of the website or features that prevent or restrict use or copying of any content.
10. DISCLAIMER OF WARRANTIES
Due to the nature of the Internet, The Barker Group LLC provides and maintains the website on an "as is", "as available" basis and does not promise that use of the website will be uninterrupted or error free. We will not be liable to you if we are unable to provide the website or our services for any reason beyond our control.
Our website may from time to time contain links to other websites which are not under the control of and are not maintained by us. These links are provided for your convenience only and we are not responsible for the content of those sites.
Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.
You will be responsible for any breach of these terms by you and if you use the website in breach of these terms you will be liable to and will reimburse The Barker Group LLC for any loss or damage caused as a result.
The Barker Group LLC shall not be liable in any amount for any failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control, including, without limitation, Internet outages, communications outages, fire, flood, war or any uncontrollable act of nature.
These terms do not affect your statutory rights as a consumer which are available to you.
Subject as aforesaid, to the maximum extent permitted by law, The Barker Group LLC excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to The Barker Group LLC and The Barker Group LLC shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:
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Any incorrect or inaccurate information on the website.
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The infringement by any person of any Intellectual Property Rights of any third party caused by their use of the website or service purchased through the website.
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Any loss or damage resulting from your use or the inability to use the website or resulting from unauthorized access to, or alteration of your transmissions or data in circumstances which are beyond our control.
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Any loss of profit, wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong.
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Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing or using content from the website or from transmissions via emails or attachments received from The Barker Group LLC.
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All representations, warranties, conditions and other terms which but for this notice would have effect.
11. ELECTRONIC COMMUNICATIONS
The Barker Group LLC will accept no liability for failed, partial or garbled computer transmissions, for any breakdown, failure, connection, availability of computer, telephone, cable, network, electronic or Internet hardware or software, for the acts or omissions of any user or third party, for the accessibility or availability of the Internet or for traffic congestion or unauthorized human action, including errors or mistakes.
12. INDEMNIFICATION
You agree to defend and indemnify The Barker Group LLC from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
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Your breach of this agreement or the documents referenced herein.
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Your violation of any law or the rights of a third party.
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Your use of the website and services.
13. CHANGES AND TERMINATION
We may modify the website and these terms at any time, at our sole discretion and without notice. You are responsible for keeping yourself informed of these terms. Your continued use of the website constitutes your acceptance of any changes to these terms and any changes will supersede all previous versions of the terms. Unless otherwise specified, all changes to these terms apply to all users and clients. In addition, we may terminate our agreement with you under these terms at any time by notifying you in writing (including by email) or without notice.
14. INTEGRATION CLAUSE
This agreement together with the privacy policy and any other legal notices published by The Barker Group LLC, shall constitute the entire agreement between you and The Barker Group LLC concerning and governs your use of the website and the services.
15. FORCE MAJEURE
The Barker Group LLC shall not be liable for any failure or non-performance of services due to causes beyond its reasonable control, including but not limited to acts of civil authorities, acts of military authorities, riots, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances and which may prevent the performance of our services.
16. ARBITRATION
You acknowledge and agree that any dispute, claim or controversy arising out of or relating to these terms and conditions, whether for breach, termination, performance, interpretation or validity, as well as any aspect of your use of the website and our services, shall preferably be resolved by binding arbitration between you and The Barker Group LLC. Notwithstanding the foregoing, the right of both parties to bring individual claims in a court of competent jurisdiction if they deem it necessary remains.
In the event of any dispute arising in connection with your use of the website and our services or breach of these terms and conditions, both parties agree to seek resolution through an arbitration process. This process will be conducted before a recognized and respected arbitration entity, selected by mutual agreement of both parties and following the applicable commercial arbitration rules.
In addition, the user agrees, to the extent permitted by applicable law, not to initiate, join or participate in class action lawsuits associated with any claim, dispute or controversy that may arise in connection with the use of the website and our services. This commitment seeks to promote a more agile and personalized resolution of any conflict, favoring arbitration and individual legal actions over class actions.
17. APPLICABLE LAW AND JURISDICTION
These terms and conditions shall be governed by and construed in accordance with the laws of the United States, specifically the laws of the State of Oregon. Any dispute relating to these terms shall be subject to the exclusive jurisdiction of the state or federal courts of the State of Oregon. This applies unless binding arbitration is agreed to in the applicable section.
18. FINAL PROVISIONS
Your use of our website and services is conditioned upon your acceptance of and compliance with all of the terms and conditions set forth. This authorization to use our services does not extend to jurisdictions where these provisions are not respected or applied.
Our commitment to compliance with these terms is strictly governed by applicable laws and legal process. Importantly, these terms do not restrict our ability to comply with legal or governmental requirements, including but not limited to those related to law enforcement and the use of our website. Information provided or collected in connection with the use of the website will be subject to these requirements.
In the event that any provision of these terms and conditions is declared invalid, illegal or unenforceable by a court or competent authority, such decision shall not affect the validity or enforceability of the remaining provisions. Failure or delay in enforcing any of these terms and conditions by us at any time shall not constitute a waiver of our rights to enforce such provision, or any other provision, in the future.
We reserve all rights not expressly granted herein, while at all times maintaining the protection of and respect for our intellectual property rights and prerogatives.
19. CONTACT INFORMATION
If you have questions or concerns about these terms, please contact us through our contact forms or by using the contact information below:
The Barker Group LLC.
Email: sheila@barkergrouptaxes.com
Phone: 503-501-7998