TERMS OF SERVICE

By accessing or using the Services or any materials included in or with the Services, you hereby agree to be bound by these Terms. If you are using the Services on behalf of an entity, you agree to these Terms on behalf of both yourself and the entity you represent. IF YOU DO NOT ACCEPT THESE TERMS, THEN YOU MAY NOT ACCESS OR USE THE SERVICES. YOU REPRESENT AND WARRANT THAT: (I) BY USING OR REGISTERING FOR THE SERVICES YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT; (II) YOU HAVE THE AUTHORITY TO ENTER INTO THESE TERMS PERSONALLY OR ON BEHALF OF THE ENTITY YOU HAVE NAMED AS THE USER AND TO BIND THAT ENTITY TO THESE TERMS; AND (III) YOU ARE NOT BARRED FROM USING THE SERVICES AND HAVE ALL RIGHTS AND AUTHORITY TO USE THE SERVICES.

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Our Services include tax advisory services and tax return preparation and filing. Montage Tax Group's only obligations are as described in these Terms or in any separate statement of work. Participation in certain tax services may require acceptance of additional terms, which will be provided at the time of engagement.

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We make no representation or warranty that the Services will meet your specific needs or achieve particular outcomes. Since the performance of Services depends on the information you provide, we do not guarantee that the Services will be timely, accurate, current, or complete. While we may offer third-party tools to facilitate communication with our tax professionals, we cannot guarantee the security of these tools.

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Montage Tax Group's tax preparers exercise the standard of care expected of a reasonable tax return preparer in similar engagements. We will only sign returns where there is a reasonable belief in substantial authority or a reasonable basis for the tax positions taken, with required disclosures made under the Internal Revenue Code of 1986, as amended (the "Code" or "IRC"). If you request a tax position that Montage Tax Group deems contrary to published guidance, frivolous, or intended to evade tax, we will be unable to complete your return. Additionally, if you are unwilling to disclose required information or if the lack of disclosure prevents us from signing, we will not complete your return.

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When tax law allows for multiple interpretations, Montage Tax Group will explain potential positions that align with professional standards and sign the return based on your selected position, provided it meets our understanding of tax guidelines, including the Code, Revenue Rulings, and other relevant guidance. Should the IRS or other authorities later contest this position, any additional taxes, penalties, interest, or professional fees will be your responsibility.

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You are solely responsible for fully disclosing all income and reportable tax transactions, as failure to do so may lead to penalties and additional liabilities. Montage Tax Group holds no liability for undisclosed income or transactions. When tax law is unclear, or if tax authority interpretations differ, we will use our best professional judgment in selecting positions to align with applicable standards, although any resulting penalties remain your responsibility. You agree to review all tax returns, reports, and related documents carefully before signing or relying on them. You also acknowledge that it is your responsibility to comply with federal and state recordkeeping requirements, as Montage Tax Group is not responsible for maintaining these records on your behalf. ​

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You acknowledge, understand, and agree that: (i) Montage Tax Group is not a law firm, accounting firm or accountant, a financial advisor, insurance broker, or registered security broker or dealer, and as such, Montage Tax Group provides no legal, financial, or accounting advice of any kind whatsoever; (ii) no information provided through the Services is intended to constitute, nor shall it be interpreted as, any such sale or offer to sell; and (iii) none of the Services is intended to create an attorney-client relationship, and if you communicate with Montage Tax Group, then your communication will not be subject to any attorney-client privilege. Montage Tax Group is not a registered security broker or dealer and is not regulated under the securities laws. Any company, investor or other user who uses the Services in connection with a potential transaction does so at its own risk and is solely responsible for conducting its own legal, accounting and due diligence review. 

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The Services may enable you to send and receive valid e-signatures in the United States under the 2000 U.S. Electronic Signature in Global and National Commerce Act (ESIGN) and the Uniform Electronic Transactions Act (UETA) as adopted by individual states. Montage Tax Group does not authenticate users’ signatures or identities. By using the Services, you hereby consent to using electronic signatures on the Site and with Montage Tax Group. You also agree that no certification authority or other third party verification is necessary to validate your electronic signature and that the lack of such certification or third party verification will not in any way affect the enforceability of your electronic signature or any resulting contract signed using Montage Tax Group's electronic signature service and technology.

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Unless otherwise specified, all fees are non-refundable. If a payment attempt fails, Montage Tax Group may attempt to charge your payment method multiple times. Should payment continue to fail, Montage Tax Group will allow a seven (7) day grace period to cure the failure, after which Montage Tax Group may terminate these Terms with or without notice. You authorize Montage Tax Group (or its Service Provider) to charge your payment method (e.g., credit card, debit card, PayPal) for all applicable fees.​

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Fees do not include sales, use, or equivalent taxes, and you are responsible for any applicable taxes based on your location and services selected. 

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In compliance with IRC Section 7216, Montage Tax Group will not use or disclose your tax return information for purposes other than preparing and filing your tax returns without your explicit written consent. By engaging Montage Tax Group for tax preparation Services, you acknowledge that we may only use the information you provide for fulfilling tax preparation and filing duties as outlined in our agreement, unless you expressly consent to further uses.

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YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES ARE AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” MONTAGE TAX GROUP MAKES NO EXPRESS WARRANTIES AND DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE SERVICES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 

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You hereby release Montage Tax Group, its agents, employees, officers and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind that is either directly or indirectly related to or arises from your use of Services.

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YOU EXPRESSLY UNDERSTAND AND AGREE THAT MONTAGE TAX GROUP SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THE LIMITATIONS ON MONTAGE TAX GROUP'S LIABILITY TO YOU IN THIS SECTION SHALL APPLY WHETHER OR NOT MONTAGE TAX GROUP HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

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SOME STATES AND JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL MONTAGE TAX GROUP'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT THAT YOU HAVE ACTUALLY PAID FOR THE SERVICES IN THE PAST TWELVE MONTHS, OR ONE HUNDRED DOLLARS ($100.00), WHICHEVER IS GREATER.

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You agree to hold harmless and indemnify Montage Tax Group, and its officers, agents, employees, and their successors from and against any third party claim arising from or in any way related to (a) your breach of the Terms, (b) your use of the Services, (c) your violation of applicable laws, rules or regulations in connection with the Services, (d) our use of or reliance on information provided to Montage Tax Group by you or your company.

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These Terms, any applicable statements of work, and any other terms or policies incorporated into these Terms, constitute the entire agreement between the parties relating to the Services and all related activities. These Terms shall not be modified except in writing signed by both parties or by a new posting of these Terms issued by us. If any part of these Terms is held to be unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions. The failure of Montage Tax Group to exercise or enforce any right or provision under these Terms shall not constitute a waiver of such right or provision. Any waiver of any right or provision by Montage Tax Group must be in writing and shall only apply to the specific instance identified in such writing. You acknowledge and agree that Montage Tax Group shall not be responsible or liable for any delays, damages, losses or other liabilities arising from any cause or circumstance outside of Montage Tax Group's reasonable control, including any act of God or other force majeure event. You may not assign these Terms, or any rights granted hereunder, whether voluntarily, by operation of law, or otherwise without our prior written consent. These Terms and any action related thereto will be governed by the laws of the Commonwealth of Massachusetts without regard to its conflict of laws provisions. Both you and Montage Tax Group agree that all claims and disputes arising out of or relating to the Terms will be litigated exclusively in the state or federal courts located in Boston, Massachusetts. 

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