Universal Tax, Inc reserves the right to terminate this Audit Protection /and or PTIN Protection upon the breach of any material provision of this agreement by you, in the event that an Audit meets the criteria of any of the “Audit Protection /and or PTIN Protection Plan exclusions” listed above, or in the event that a condition renders the completion of Universal Tax, Inc responsibilities under this agreement unreasonably difficult to fulfill. Conditions that can render completion of Universal Tax, Inc responsibilities unreasonably difficult include, but are not limited to, failure by you to reasonably fulfill any provision listed as “Your Responsibility” under “RESPONSIBILITIES” above, failure to cooperate during the course of the Audit process, or repeated use of abusive, inappropriate, or unprofessional language when communicating with any staff members or representatives of Universal Tax, Inc.
This Audit Protection /and or PTIN Protection Plan shall also be deemed to be terminated if the membership fee has not been paid or has been refunded to you.
GOVERNING LAW: Except as otherwise stated herein, this Agreement shall be governed by the laws of the State of Texas without regard to the conflict of laws provisions thereof to the extent such principles or rules would require or permit the application of the laws of any jurisdiction other than those of the State of Texas.
DISPUTES: YOU AND UNIVERSAL TAX, INC AGREE TO RESOLVE ALL DISPUTES OR CLAIMS ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT AND THE SERVICES PROVIDED PURSUANT TO THIS AGREEMENT ONLY BY BINDING ARBITRATION OR IN SMALL CLAIMS COURT. YOU UNDERSTAND THAT, BY ENTERING INTO THIS AGREEMENT, YOU ARE GIVING UP THE RIGHT TO BRING A CLAIM IN COURT OR IN FRONT OF A JURY.
IN ADDITION, YOU AND UNIVERSAL TAX, INC AGREE THAT ALL CLAIMS AND DISPUTES MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY, AND NOT AS A CLASS, COLLECTIVE, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION. BY ENTERING INTO THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE VOLUNTARILY AND KNOWINGLY WAIVED ALL RIGHT TO LITIGATE OR PARTICIPATE IN A CLASS, COLLECTIVE, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION.
It is also agreed that: (1) except for claims which qualify for small claims court, the Federal Arbitration Act governs the interpretation and enforcement of this provision; (2) the arbitrator shall apply Texas law to all other matters associated with the dispute or claim; (3) the arbitration shall be conducted by the American Arbitration Association (AAA) before a single AAA arbitrator under AAA’s Consumer Arbitration Rules (the Rules, fees, and procedures are available at www.adr.org or may be obtained by calling 800-778-7879); (4) you may choose to have the arbitration based only on documents submitted to the arbitrator or by hearing in person or by telephone; (5) in-person arbitration shall take place in (i) Dallas, Texas; or, (ii) if the agreement to arbitrate in Dallas, Texas would render this provision unenforceable, in-person arbitration shall take place in (a) any other location mutually agreed upon by the parties, including the county in which you live; or (b) if the parties are unable to agree, at a location set by the arbitrator; (6) notwithstanding any other provision of this Agreement, any party may at any time seek injunctions or other forms of equitable relief in arbitration or a court of competent jurisdiction; (7) the enforceability of this provision shall be decided by a court and not the arbitrator; (8) the decision of the arbitrator shall be final and binding on all parties, and judgment on the arbitration award may be entered in any court of competent jurisdiction; and (9) the arbitrator shall be entitle to award all damages and relief as would be available in court.
If either party intends to initiate arbitration under this Agreement, the party seeking arbitration must first notify the other party of the dispute in writing at least thirty (30) days in advance of initiating arbitration. Notice to Universal Tax, Inc must be sent to Universal Tax, Inc Dispute Resolution Manager, 3010 LBJ Freeway Suite 1200, Dallas, TX 75234-7770. The notice must describe the nature of the claim or dispute and the relief being sought. If we are unable to resolve the dispute within sixty (60) days, either party may then proceed to file a claim for arbitration or a claim in small claims court. If you are unable to afford the arbitration filing fee and provide us with signed written notice of your inability to afford the filing fee, we will pay the fee directly to AAA. If arbitration proceeds, we will pay all other fees as required by the AAA Consumer Arbitration Rules. Each party shall bear his/her/its own attorneys’ fees and costs.
If for any reason, the prohibition on class, collective, representative, or private attorney general actions is held to be unenforceable by a court of law, then the agreement to arbitrate will not apply to that dispute. If a claim proceeds through court rather than arbitration, YOU AND UNIVERSAL TAX, INC AGREE TO WAIVE ANY RIGHT TO TRIAL BY JURY.
This arbitration provision survives expiration, termination, or rescission of this agreement. Unenforceability or invalidity of one or more clauses in this arbitration provision shall not have an effect on any other clause in this provision. If it is possible, any unenforceable or invalid clause in this provision shall be modified to show the original intention of the parties.