Standard User Terms of Service

Be sure to read these Terms of Service below, as they cover the terms and conditions that apply to your use of this website (the “Website,” or the “Site”). ProfitStance may change these Terms of Service from time to time. By continuing to use this Site following such modifications, you agree to be bound by such modifications to these Terms of Service.

General

You agree, among other things: (a) to provide true, accurate, current and complete information about yourself and about Clients for whom you manage accounts, as prompted by the registration page for yourself and for each of your Clients for whom you manage an account, and (b) to maintain and update such information to keep it true, accurate, current and complete. If any information provided by you is materially untrue, inaccurate, not current or incomplete, ProfitStance has the right to terminate your account and accounts managed by you and refuse to allow further use of this Site. You agree not to grant to others use of or access to this Site, except as specifically allowed for your authorized representatives or Clients for whom you manage accounts.

You acknowledge and agree that you must: (a) provide and pay for your own access to the internet, and (b) provide all equipment necessary for you to make such connection to the internet.

By using the ProfitStance web site, including any applets, software, and content contained therein, you agree that use of this Site is entirely at your own risk. The Site is provided “as is,” without warranty of any kind, either express or implied, including without limitation, any warranty for information, data, services, uninterrupted access, or products provided through or in connection with the Site. Specifically, ProfitStance disclaims any and all warranties, including (without limiting the generality of the foregoing): (1) any warranties concerning the availability, accuracy, usefulness, or content of information, products or services you may encounter on the Site, and (2) any warranties of title, warranties of non-infringement, and warranties of merchantability or fitness for a particular purpose. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of any record or information, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action.

Neither ProfitStance nor any of its employees, agents, successors, assigns, affiliates, website co-branding providers, or content or service providers, shall be liable to you or your Clients or any other third party for any direct, indirect, incidental, special or consequential damages arising out of use of this service, or any inability to gain access to or use the service, or any breach of any warranty. (Note: Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such states, the respective liability of ProfitStance, its employees, agents, successors, assigns, affiliates, website co-branding providers and content or service providers, respectively, is limited to the greatest extent permitted by such state law.)

100% Accurate Calculations Guarantee

Notwithstanding the foregoing, IF: (1) you enter accurate and complete information regarding all of your cryptocurrency trading activities (or those of Clients for whom you manage accounts on this Site), and (2) you follow the Website instructions in retrieving all of your Customer Data and preparing your tax statement of cryptocurrency gains and losses, and (3) you utilize the ProfitStance platform program to calculate your net gains or losses and to prepare your tax document to report gains or losses in submitting your tax reports, THEN: if you are required to pay an IRS or state penalty or interest because of a ProfitStance calculation error, ProfitStance will reimburse or pay to you an amount equal to the penalty and interest.

Use of ProfitStance Marks and Copyrighted Content

ProfitStance is the owner or authorized user of trademarks, registered trademarks and service marks appearing at this Website. ProfitStance is also the copyright owner or licensee of all content and information on this Website, including all screens appearing at this Site. By allowing access to and view of its registered marks and copyrighted material on this Website, ProfitStance does not grant any license or other authorization to use any of such marks or copyrighted or copyrightable material or other intellectual property. You may not download or save a copy of any of the screens for any purpose, except as otherwise provided in these Terms of Service. However, you may print a copy of the information on this Site for your personal use or records. If you make other use of this Site, except as otherwise provided above, you may violate copyright and other laws of the United States and other countries, as well as applicable state laws, and may be subject to penalties.

Modifications

ProfitStance reserves the right to change or modify any information on this Website, or revise, insert or delete features or other information, without prior notice. Clicking on certain links within this Website might take you to other web sites that are not controlled by ProfitStance. ProfitStance assumes no responsibility for the content, or availability of such other websites. (See “Links from and to this Website” below.) The content presented at this Site may vary depending upon your browser limitations.

User Conduct On this Site

With respect to this Site, you may not, and Clients whose accounts you manage may not:

1. restrict or inhibit any other user from using and enjoying this Site; or
2. post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable information of any kind, including any transmissions constituting or encouraging conduct that would constitute a criminal offense or give rise to civil liability, or otherwise violate any local, state, national or foreign law, including U.S. export control laws and regulations; or
3. post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication (except as otherwise expressly permitted by ProfitStance) or engage in spamming, phishing or flooding or any similar malicious activity; or
4. post or transmit any information or software which contains a virus, trojan horse, worm or other harmful component; or
5. post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through this Site for commercial purposes (other than as expressly permitted by the provider of such information, software or other material); or
6. upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through this Site which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or rights holder; or
7. upload, post, publish, reproduce, transmit or distribute in any way any component of this Site itself or derivative works with respect thereto, as this Site is copyrighted as a collective work under U.S. copyright laws.

ProfitStance has the right at all times, but not the obligation, to monitor this Site electronically continually and from time to time. Additionally, you acknowledge and agree that ProfitStance has the right, among other things, (1) as required by law, to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, (2) to operate this Site properly, and (3) to protect itself and its customers. ProfitStance will not intentionally monitor or disclose any private electronic-mail message unless required by law. ProfitStance reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, inappropriate or in violation of these Terms of Service.

Unless otherwise indicated for a particular communication, any communications or material of any kind that you e-mail, post or otherwise transmit through this Website, including data, questions, comments or suggestions (“your Communications”) will be treated as non-confidential and nonproprietary. In addition, ProfitStance is free to use any ideas, concepts, know-how or techniques contained in your Communications for any purpose, including (among other uses) developing and marketing products using such information without compensation to you.

Failure to Comply with Terms and Conditions; Termination

If you engage in any conduct or activities that ProfitStance in its sole discretion believes violate any of the terms and conditions, violate the rights of ProfitStance, or is otherwise inappropriate for continued access, ProfitStance may terminate your password or your account and all accounts managed by you, or deny you access to all or part of this Site without prior notice.

ProfitStance may, in its sole discretion, deny you access through ProfitStance to any materials stored on the internet, or to access third-party services, merchandise or information on the internet through ProfitStance, and ProfitStance shall have no responsibility to notify any third-party providers of services, merchandise or information, nor any responsibility for any consequences resulting from lack of notification.

You agree to hold ProfitStance and its affiliates harmless from, and defend and indemnify ProfitStance against, any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of this Site or the placement or transmission of any message, information, software or other materials through this Site by you or users of your account or accounts managed by you or related to any violation of these Terms of Service by you or users of your accounts.

Links from and to this Website

You acknowledge and agree that ProfitStance and any of its website co-branding providers have no responsibility for the accuracy or availability of information provided by linked sites. Links to external web sites do not constitute an endorsement by ProfitStance or its website co-branding providers of the sponsors of such sites or the content, products, advertising or other materials presented on such sites.

Information in the many web pages that are linked to ProfitStance’s Website comes from a variety of sources. Some of this information be provided by official ProfitStance licensees, but much of it may be provided by unofficial or unaffiliated organizations and individuals, both internal and external to ProfitStance. ProfitStance does not author, edit, or monitor these unofficial pages or links. You acknowledge and agree that ProfitStance and its website co-branding providers shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such external sites or resources.

Other Information

ProfitStance takes strenuous measures, including encryption, to ensure that your personal information is disclosed only to those specified by you. However, the internet is an open system and we cannot and do not guarantee that the personal information you have entered will not be intercepted by others and decrypted.

If ProfitStance provides a service allowing purchases through this Site and you wish to make purchases through this Site, you may be asked by the merchant or information or service provider from whom you are making the purchase to supply certain information, including credit card or other payment mechanism information. You agree not to hold ProfitStance liable for any loss or damage of any sort incurred as a result of any such dealings with any merchant or information or service provider through this Site. You agree that all information you provide any merchant or information or service provider through this Site for purposes of making purchases will be accurate, complete and current. The merchants and information and service providers offering merchandise, information and services through this Site set their own prices and may change prices or institute new prices at any time. You agree to pay all charges incurred by users of your account and credit card or other payment mechanism at the prices in effect when such charges are incurred. You also will be responsible for paying any applicable taxes relating to purchases through this Site.

IRS Circular 230 Notice

Nothing in our communications with you (including, without limitation, any emails, Website content, attachments, enclosures or other accompanying materials) relating to any federal tax transaction or matter, is considered to be tax advice or a “covered opinion” as described in Circular 230.

Miscellaneous

These Terms of Service and the relationship between you and ProfitStance shall be governed by the laws of the State of Utah without regard to its conflict of law provisions. You and ProfitStance agree to submit to the personal and exclusive jurisdiction of the courts located within the state of Utah.

The failure of ProfitStance to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect.

Last Revision: September, 2019

Professional User Terms of Service

Please read these Professional Terms of Service before using ProfitStance’s Services. By accessing or using ProfitStance’s services, the Subscriber agrees to these ProfitStance Professional Terms of Service and the ProfitStance Standard Terms of Service, as the same may be amended from time to time. If you do not agree to the ProfitStance Terms of Service, do not access or use the Services.

General

These Professional Terms of Service, together with the ProfitStance Standard Terms of Service, apply to each professional subscriber firm, respectively, that has executed a Software as a Service Agreement with ProfitStance (a “Subscriber”), pursuant to which the Subscriber agrees to purchase and manage Seats (as defined below) and uses one or more Seats itself or assigns or grants such Seats to Clients in order to enable access and use of the ProfitStance Cryptocurrency Tax and Accounting Platform (the “Platform”) by such Clients.

Definitions

Administrator

means each professional administrator designated by the Subscriber to serve as technical administrator on the Subscriber’s behalf for the benefit of and use by the Subscriber’s Clients.

Client

means each of the respective Subscriber’s clients who is granted a Seat and given access to the ProfitStance Platform and Services by the Subscriber.

Client Data

means private data used by each Client in accessing and using the ProfitStance Platform, as well as the resulting personal tax and cryptocurrency account information retrieved for the Client through the use of the Platform.

Client Identifying Information

means, in respect of each Client, all identifying information placed into the ProfitStance system by the Administrator who is managing the Client’s relationship with the Subscriber.

Subscriber Content

means all data and materials provided by the Subscriber to ProfitStance for use in connection with the Services.

Documentation

means the user guides, online help, release notes, and other documentation that may be provided or made available by ProfitStance to the Subscriber and each Client regarding the use or operation of the Services.

Host

means the computer equipment on which the Software is installed, which is operated by ProfitStance.

Seat

means a right to access the Platform, using unique Client Identifying Information for an individual Client who will be granted access to the Services for the purposes of providing single sign-on, access to the Platform. Client Identifying Information may be physically or logically maintained in a single repository or in separate physical or logical repositories. Although Seats for Client accounts that have been deactivated may remain in the identity management system, those inactive Seats will not be included in the number of Seat users in use by the Subscriber.

Services

refers to the specific ProfitStance internet-accessible service providing access to and use of ProfitStance’s Platform, made available to the Subscriber and to the Subscriber’s Clients over a network on a term-use basis.

Services

The Subscriber will access and use the Services solely for professional cryptocurrency tax and accounting operations, subject to these Terms of Service and up to the number of Seats in force and documented from time to time.

Restrictions

The Subscriber shall not, and shall not permit anyone to: (i) copy or republish the Services or Software, (ii) make the Services available to any person other than authorized Seat users, (iii) use or access the Services to provide service bureau, time-sharing or other computer hosting services to third parties, (iv) modify or create derivative works based upon the Services or Documentation, (v) remove, modify or obscure any copyright, trademark or other proprietary notices contained in the software used to provide the Services or in the Documentation, (vi) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Software used to provide the Services, except and only to the extent such activity is expressly permitted by applicable law, or (vii) access the Services or use the Documentation in order to build a similar product or competitive product. Subject to the limited licenses granted herein, ProfitStance shall own all right, title and interest in and to the Software, services, Documentation, and other deliverables provided under these Terms of Service, including all modifications, improvements, upgrades, derivative works and feedback related thereto and intellectual property rights therein. the Subscriber agrees to assign all right, title and interest it may have in the foregoing to ProfitStance.

Subscriber Responsibilities

1. Assistance. The Subscriber shall provide commercially reasonable information and assistance to ProfitStance to enable ProfitStance to deliver the Services. Upon request from ProfitStance, the Subscriber shall promptly deliver to ProfitStance complete Subscriber Content and, with respect to each Seat, Client Identifying Information, in an electronic file format specified and accessible by ProfitStance. ProfitStance’s ability to deliver the Services may depend upon the accuracy and timeliness of such information and assistance.
2. Compliance with Laws. The Subscriber shall comply with all applicable local, state, national and foreign laws in connection with its use of the Services, including those laws related to data privacy, international communications, and the transmission of technical or personal data. The Subscriber acknowledges that ProfitStance exercises no control over the content of the information transmitted by the Subscriber or the Seat users through the Services. The Subscriber shall not upload, post, reproduce or distribute any information, software or other material protected by copyright, privacy rights, or any other intellectual property right without first obtaining the permission of the owner of such rights.
3. Unauthorized Use; False Information. The Subscriber shall: (a) notify ProfitStance immediately of any unauthorized use of any password or user id or any other known or suspected breach of security, (b) report to ProfitStance immediately and use reasonable efforts to stop any unauthorized use of the Services that is known or suspected by the Subscriber or any Seat user, and (c) not provide false identity information to gain access to or use the Services.
4. Administrator Access. The Subscriber shall be solely responsible for the acts and omissions of both its Administrator Users and each Client. ProfitStance shall not be liable for any loss of data or functionality caused directly or indirectly by the Administrator Users.
5. Subscriber Input. The Subscriber is solely responsible for collecting, inputting and updating all the Subscriber Content and Client Identifying Information stored on the Host, and for ensuring that the Subscriber Content does not (i) include anything that actually or potentially infringes or misappropriates the copyright, trade secret, trademark or other intellectual property right of any third party, or (ii) contain anything that is obscene, defamatory, harassing, offensive or malicious. The Subscriber shall: (i) notify ProfitStance immediately of any unauthorized use of any password or user id or any other known or suspected breach of security, (ii) report to ProfitStance immediately and use reasonable efforts to stop any unauthorized use of the Service that is known or suspected by the Subscriber or any Seat user, and (iii) not provide false identity information to gain access to or use the Service.
6. License from Subscriber. Subject to the Terms of Service of these Terms of Service, the Subscriber, on behalf of itself and its Clients, shall grant to ProfitStance a limited, non-exclusive and non-transferable license, to copy, store, configure, perform, display and transmit Subscriber Content and Client Content solely as necessary to provide the Services to the Subscriber. The Subscriber retains ownership of its Subscriber Content.
7. Ownership and Restrictions. ProfitStance retains all ownership and intellectual property rights to the Platform, the Services, all related software programs and intellectual property, and anything developed and delivered BY THE Subscriber except for Client Data.
8. Suggestions. ProfitStance shall have a royalty-free, worldwide, irrevocable, perpetual license to use and incorporate into the Services any suggestions, enhancement requests, recommendation or other feedback provided by the Subscriber, including Clients and other users, relating to the operation of the Services.

Warranties

1. Warranty. ProfitStance represents and warrants that it will provide the Services in a professional manner consistent with general industry standards and that the Services will perform substantially in accordance with the Documentation. For any beach of a warranty, the Subscriber’s exclusive remedy shall be as provided in Section 6, Term and Termination.
2. Profitstance warrants that the Services will perform in all material respects in accordance with representations set forth in the Terms of Service. Profitstance does not guarantee that the Services will be performed error-free or uninterrupted, or that ProfitStance will correct all Service errors. The Subscriber acknowledges that ProfitStance does not control the transfer of data over communications facilities, including the internet, and that the Services may be subject to limitations, delays, and other problems inherent in the use of such communications facilities. This section sets forth the sole and exclusive warranty given by ProfitStance (express or implied) with respect to the subject matter of these Terms of Service. Neither ProfitStance nor any of its licensors or other suppliers warrant or guarantee that the operation of the subscription service will be uninterrupted, virus-free or error-free, nor shall ProfitStance or any of its service providers be liable for unauthorized alteration, theft or destruction of the Subscriber’s or any user’s data, files, or programs.

Limitations of Liability

ProfitStance shall not be liable for indirect, incidental, special or consequential damages (including, without limitation) for lost business, profits, data or use of any service, incurred by the Subscriber or any Client or any third party, regardless of the nature of the claim (including negligence), even if foreseeable or if the other party has been advised of the possibility of such damages.

Indemnification. If a third party makes a claim against ProfitStance that the Subscriber Content infringes any patent, copyright or trademark, or misappropriates any trade secret, the Subscriber shall defend ProfitStance and its directors, officers and employees against the claim at the Subscriber’s expense and the Subscriber shall pay all losses, damages and expenses (including reasonable attorneys’ fees) finally awarded against such parties or agreed to in a written settlement agreement signed by the Subscriber, to the extent arising from the claim.

General Provisions

1. Non-Exclusive. Services are provided on a non-exclusive basis.
2. Data. ProfitStance’s performance may require ProfitStance to process, transmit and/or store Subscriber Content, Client Identifying Information and Client Data. By submitting such data to ProfitStance, the Subscriber agrees that ProfitStance may process, transmit and/or store personal data only to the extent necessary for, and for the sole purpose of, enabling ProfitStance to perform its obligations.
3. Data Management. Management of Subscriber Content, Client Identifying Information and Client Data will be conducted in compliance with the ProfitStance Privacy Policy, which is available at https://profitstance.com/legal/. The ProfitStance Privacy Policy is subject to change at ProfitStance’s discretion. ProfitStance reserves the right to provide Services from Host locations, or through use of subcontractors, worldwide. ProfitStance will only access Subscriber Content, Client Identifying Information and Client Data in a manner that is reasonably necessary to provide Services and only for that purpose. The Subscriber shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness and retains ownership of all of Subscriber data and all Client Identifying Information.
4. Force Majeure. Except for the payment of money, ProfitStance will be excused from performance for any period during which, and to the extent that, ProfitStance is prevented from performing any obligation or service, in whole or in part, as a result of causes beyond its reasonable control, and without its fault or negligence, including without limitation, acts of God, strikes, lockouts, riots, acts of terrorism or war, epidemics, communication line failures, and power failures.
5. Statistical Information. ProfitStance may anonymously compile statistical information related to the performance of the Services for purposes of improving the Services, provided that such information does not identify the Subscriber’s data or include the Subscriber’s name.

Governing Law

These Terms of Service shall be governed by the laws of the State of Utah, excluding its conflict of law principles. Any controversy or claim arising out of or relating to these Terms of Use, the Services, the Software, or the Site will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in Utah County, Utah, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. The award of the arbitrator will be final and binding upon the parties without appeal or review except as permitted by Utah law. Notwithstanding the foregoing, either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party’s rights or property pending the completion of arbitration. By using the Site or the Services, the Subscriber consents and submits to the exclusive jurisdiction and venue of the state and federal courts located in the State of Utah, U.S.A.

Last Revision: September, 2019

Refunds, Concerns, Cancellations

• We offer a full 30-day money-back guarantee on all our professional educational services.
• We want your experience with ProfitStance to be the best. But if you feel that your experience with a ProfitStance program did not meet your expectations for continuing higher education for CPAs, please contact us promptly at feedback@profitstance.com and give us your feedback. If you wish, we will issue a full refund. (Of course, CPE credit will not be given to registrants who receive a refund.)
• If for any reason an event is cancelled, we will notify you of the cancelation by email. We will offer to reschedule the event for a different day, and if the rescheduled event doesn’t work for you, we will offer a full refund.
• Registrants can cancel in writing via email at any time up to 30 minutes before the start of the event.

Course Material Updates

• Our webinars use up-to-date material consistent with current codes, laws, rulings, decisions, interpretations, etc.
• Our webinar material is reviewed by a licensed CPA (subject matter expert) at least once a year to verify the currency of the content, and immediately after any change to the current codes, laws, etc.
• Our material was last updated and reviewed on December 4, 2019.

Last Revision: February 12th, 2020