Terms & Conditions
Welcome to My Pocket CPA! By clicking "I Agree" on the home page or using this application in any way, you are agreeing to comply with and be bound by this Agreement, and all rules, policies and disclaimers posted in the application or about which you are notified (collectively "Terms"). If you do not agree with all the Terms & Conditions, do not use the application. Please review all of the Terms carefully before using the Application.
In the Terms, "User," "you" and "your" refer to the individual or entity that uses the My Pocket CPA application as a user. "My Pocket CPA," "we," "us", “respondent” and "our" refer to My Pocket CPA PLLC. “Application” represents the software “My Pocket CPA” in which users can ask a question. "User" refers to the person who asks a question on the Application. “Terms” represent the collective “Terms & Conditions” section of the Application.
By using this Application, you (i) agree to be bound by the Terms and (ii) represent that you are able to enter into legally binding contracts. Accepting the Terms is the equivalent of a signature on a contract.
3. Electronic Communications
and Right to Modify Terms
When you use My Pocket CPA, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree to provide us with, and maintain in your My Pocket CPA account registration, your current and active email address.
My Pocket CPA may change, revise or modify any of the Terms at any time by posting them in the Application. Changes shall automatically be effective upon posting. The latest Terms will be posted in the Application, and you should always review them prior to using the Application.
a) Information Not Advice; No
Client-Professional Relationship Exists.
Email responses from this Application are to be used for general information or educational purposes only, not as a substitute for in-person evaluation or specific professional (tax, financial, etc.) advice. The laws, regulations, other governing authorities, standards, practices and procedures that apply to your particular question may differ depending on your location and information typically discovered through in-person evaluations or visits. Respondents in some categories may be licensed, certified, educated, employed by or have experience in only particular jurisdictions. Use of this Application and responses received should not be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any security, insurance policy, or investment strategy. To make sure that any information or suggestions from this Application fit your particular circumstances, you should consult with an appropriate tax or legal professional before taking action based on any suggestions or information from this Application. Unless otherwise specified, you alone are solely responsible for determining whether any financial or insurance strategy, product or service, is appropriate or suitable for you based on your investment objectives and personal and financial situation.
b) No professional-client relationships shall be formed by using the Application. Communications through this Application are not confidential and shall not be the subject of any associated privileges. Communications through this Application are limited, do not involve in-person evaluations or visits, and do not include safeguards and procedures typical of in-person evaluations and visits. Before you can use the Application, you will be required to agree to the current Terms & Conditions reminding you of these and other important provisions of the Terms.
c) Termination of Service. If you wish to terminate access to the Application, you may do so by deleting the Application from your device or election to not use the Application. At any time, without notice, for any or no reason, My Pocket CPA reserves the right to refuse service to anyone, to modify and discontinue any portion or all of the Application. My Pocket CPA does not guarantee that you will receive a response from a Respondent, or that you will be satisfied with your communication with a Respondent. In the rare instance that no Respondent provides a response to your question within the selected urgency level, a refund can be requested by User and granted by us.
Users are responsible for their acts and omissions and content placed through the Application. In the event that you have a dispute with us, you release My Pocket CPA (and our officers, directors, agents, parents, subsidiaries, joint ventures, members, contractors and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
2. Representations and
MY POCKET CPA SERVICES AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THIS APPLICATION SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS. MY POCKET CPA DOES NOT REPRESENT OR WARRANT THAT THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS APPLICATION OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MY POCKET CPA DOES NOT WARRANT OR REPRESENT THAT THE USE OR THE RESULTS OF THE USE OF THE APPLICATION WILL BE CORRECT, ACCURATE, TIMELY, RELIABLE OR OTHERWISE. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
UNDER NO CIRCUMSTANCES WILL MY POCKET CPA BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER'S RELIANCE ON INFORMATION OBTAINED THROUGH THE APPLICATION. USE OF THIS APPLICATION IS AT USERS' SOLE RISK.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MY POCKET CPA OR THROUGH OR FROM MY POCKET CPA APPLICATION SHALL CREATE ANY WARRANTY.
3. Limitation of Liabilities IN NO EVENT SHALL MY POCKET CPA, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES OR OUR CONSULTANTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, PROFITS, CAPITAL, DATA, USE, REVENUE OR OTHER ECONOMIC ADVANTAGE), ARISING OUT OF OR IN CONNECTION WITH OUR APPLICATION, OUR SERVICES OR THE TERMS BASED ON ANY THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS APPLICATION AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. IN NO EVENT WILL OUR LIABILITY, AND THE LIABILITY OF OUR PARENTS, SUBSIDIARIES, OFFICERS, MEMBERS, DIRECTORS, EMPLOYEES OR OUR CONSULTANTS TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE EXCEED THE GREATER OF THE AMOUNT OF FEES YOU PAY TO MY POCKET CPA IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY.
You and My Pocket CPA agree that any cause of action arising out of or related to this Application must commence within six (6) months after the cause of action arose (except for causes of action arising out of Users' responsibilities in the Indemnification section below); otherwise, such cause of action is permanently barred.
4. Indemnification You agree to indemnify and hold My Pocket CPA, any and all parent, subsidiary, and affiliate organizations, officers, directors, agents, members, consultants, employees, successors and assigns harmless from and against all losses, costs, liabilities and expenses including reasonable attorneys' fees, asserted by any third party that are in any way due to or arising out of your use of or conduct in the Application.
5. Agreement The Terms constitute the complete and exclusive statement of the Agreement between you and us. It supersedes any and all prior or contemporaneous agreement, oral or written, and any other communications, representations, warranties and understanding relating to the subject matter of the Terms. If there is a conflict between an oral or written representation of any My Pocket CPA' employee or agent and the Terms (other than modifications to the Terms executed in writing by the authorized-in-fact representative of My Pocket CPA), the Terms will prevail. To the extent the Terms are in conflict or inconsistent with one another, the Terms & Conditions will prevail for Users over other Terms of the Application; also, this Agreement, Related Agreements and disclaimers will prevail over FAQs, and other rules and policies on the Application. If any provision(s) of the Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties and the other provisions shall remain in full force and effect. My Pocket CPA’s failure to exercise or enforce any of the Terms shall not constitute a waiver of My Pocket CPA’s right to exercise or enforce the Terms as to the same or another instance. Headings in this and Related Agreements are for purposes of reference only and shall not limit or otherwise affect the meaning of the Terms.
6. Assignment You agree that My Pocket CPA may assign the Terms to any other entity of its choosing, with or without notice to you. You may not assign the Terms to any other party for many reasons, including but not limited to because your interaction with other users of the Application the pricing offered are based upon individual usage. My Pocket CPA shall not be deemed to have waived any of its rights or remedies unless such waiver is in writing and signed by My Pocket CPA. No delay or omission on the part of My Pocket CPA in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies on future occasions. The section titles in the Terms are solely used for the convenience of the parties and have no legal or contractual significance.
7. Jurisdiction This Agreement shall be governed and interpreted in accordance with the laws of the State of New York without regard to principles of conflict of laws.
Consent to Jurisdiction. The user agrees that any dispute under the Terms shall be adjudicated exclusively in the state and federal courts located in the Southern District of New York.
8. Force Majeure Neither Party shall be deemed in default of these Terms to the extent that performance of its obligations or attempts to cure any breach are delayed, restricted or prevented by reason of any act of God, fire, natural disaster, act of government, strikes or labor disputes, inability to provide raw materials, power or supplies, or any other act or condition beyond the reasonable control of the Parties; provided that the Party so affected endeavors to avoid or remove the causes of nonperformance and continues performance hereunder immediately after those causes are removed. Upon such circumstances arising, the Parties shall meet forthwith to discuss what, if any, modification may be required to the terms of this Agreement, in order to reach a resolution.
9. Miscellaneous If we have not specifically granted you a right under these Terms, that right is reserved to us.