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User Agreement

This EscrowTaxes by Autoagent User Agreement (the “User Agreement”) is a contract between you and EscrowTaxes by Autoagent, LLC (“Company”) that governs your use of the EscrowTaxes by Autoagent service and your EscrowTaxes.com account. By opening your EscrowTaxes.com account, you agree to comply with all of the terms and conditions of this User Agreement. Please read this User Agreement, as well as the Company’s Privacy Policy available on the Company’s website, www.escrowtaxes.com. This User Agreement and the Privacy Policy may be amended at any time at Company’s discretion, which amendment will become effective at the time it is posted on our website or on such later date that may be specified on our website. By thereafter continuing your use of your EscrowTaxes.com account, you agree and consent to any such amendment. If Company changes the User Agreement in a way that reduces your rights or increases your responsibilities, Company will provide you with at least ten (10) days’ prior written notice of the amendment by posting the amendment on the Company website. Your consent to such amendment will be provided through your continued use of your EscrowTaxes.com account after the expiration of the notice period.

Authorized Users

An individual user of the EscrowTaxes by Autoagent service must be a resident of the United States and at least 18 years of age. A business user must be organized or operating in, or a resident of, the United States. By using your EscrowTaxes.com account, you are confirming that you satisfy all of the conditions set forth in this section.

Opening an Account

By opening your EscrowTaxes.com account, you acknowledge the purpose of the account is to contract with Company to assign the responsibility of payment of certain taxes you owe to a government agency. Your EscrowTaxes.com account is not a bank, escrow or other financial account, and all funds transmitted through your account are funds of Company as such funds are the consideration required for the payment performance assigned to Company hereunder. Your complete and timely deposit of funds into your EscrowTaxes.com account for payment of all taxes or other debts at least ten (10) days prior to the date such taxes or other debts become due to the government agency, as well as timely performance of all of your other obligations hereunder, is required before Company is obligated to perform any of its obligations under this User Agreement, including without limitation Company’s obligation to make any payments of taxes on your behalf. Your EscrowTaxes.com account allows you to make payments using your debit card, credit card, and/or other bank accounts, or other payment accounts that may be available from time to time within the EscrowTaxes.com portal.

By establishing your EscrowTaxes.com account and keeping that account open through the tax period(s), you are affirming the accuracy of all amounts determined for your tax bill(s) owed to a government agency as well as the amount of the monthly payments which Company will automatically charge to your credit card, debit card, bank account, or other authorized payment account. However, you acknowledge that government agencies may adjust your bill(s) to change the amount owed at any time after you open your EscrowTaxes.com account, you consent to any such adjustments made by a government agency, and you agree to pay the adjusted monthly payments, as determined by Company, in the event a government agency adjusts your bill. In the event of such adjustment, you agree that Company may update your EscrowTaxes.com account to reflect the new balance owed and the adjusted monthly payment amounts. Likewise, you agree to Company’s adjustment or modification of any previously identified payment amount(s) and/or schedule to reflect such government agency adjustments and to ensure that you maintain sufficient funds to timely complete performance and payment of the entire amount of tax owed before the tax due date. As set forth above, Company shall have no obligation under this User Agreement to make any payment to a government agency on your behalf unless you have previously deposited sufficient funds in your EscrowTaxes.com account for such payment. Your agreement to Company’s adjustment or modification of your payment amount(s) shall not prevent you from appealing or otherwise contesting any government agency’s adjustment of your bill.

Account Credential Security

You are responsible for maintaining adequate security and control of any and all user IDs, passwords, personal identification numbers (PINs), or any other codes that you use to access or that are otherwise associated with your EscrowTaxes.com account and the EscrowTaxes by Autoagent service. You are responsible for keeping your mailing address, email address and other contact information up-to-date in your EscrowTaxes.com account profile.

Payment Method

As part of your EscrowTaxes.com account set-up process, you will be required to link a debit card, credit card, U.S. bank account or other authorized payment method to your EscrowTaxes.com account as your approved payment method. Please keep your payment method information current (i.e. credit/debit card number and expiration date). If this information changes, we may, but are not obligated to, update it as directed or authorized by your bank or card issuer without any action on your part. We may also ask you to confirm the information regarding your payment card, bank account, or other payment method, so that we can verify the validity of that information.

Periodic Payment Authorization

You authorize Company to make regularly scheduled charges to your linked bank account, credit card, debit card, or other authorized payment method as applicable to your EscrowTaxes.com account. You will be charged for the scheduled payment installments for each tax payment due, as those scheduled installments may be modified by any government-agency adjustments as set forth above. Each payment will appear on your EscrowTaxes.com account statement accessible by logging into your EscrowTaxes.com account, as well as on the statement for your method of payment. You agree that no prior notification will be provided for any payment and that any changes to the payment amount or date shall be solely reflected on your EscrowTaxes.com account statement accessed through your EscrowTaxes.com account.

You agree to adhere to and be bound by the terms hereof in all respects, and you understand that this authorization will remain in effect until you cancel it in writing, which may be accomplished by logging into your EscrowTaxes.com account. You further agree to notify Company of any changes (by logging into your EscrowTaxes.com account and making those changes in your account) in your linked bank account, credit card, debit card, or other authorized payment method information or termination of this authorization at least fifteen (15) days before the next scheduled billing date. If the billing date falls on a weekend or holiday, you further understand that the payments may be executed on the next business day. You also acknowledge that the origination of credit card, debit card and ACH transactions to your account must comply with the provisions of U.S. law, and you certify that you are the authorized user of each bank account, credit card, debit card or other authorized payment method which you link to your EscrowTaxes.com account. You certify that you will not dispute the scheduled transactions, so long as the transactions correspond to the terms indicated in this authorization, your EscrowTaxes.com account application, and this User Agreement.

Holding an EscrowTaxes.com Balance

Money that Company receives from all EscrowTaxes.com account holders is held in a separate bank account owned by Company. Any balance you hold in your EscrowTaxes.com account represents an unsecured claim against this bank account, and is not insured by the Federal Deposit Insurance Corporation (FDIC). Company combines your EscrowTaxes.com account balance with the EscrowTaxes.com account balances of other EscrowTaxes by Autoagent customers and invests those funds in liquid investments in accordance with applicable law. Company owns the interest and other earnings on these investments. These pooled amounts are held separate from Company’s general operating funds, and Company will neither use these funds for its operating expenses or any other corporate purposes nor voluntarily make these funds available to its creditors in the event of bankruptcy.

Account Statements

Information regarding your EscrowTaxes.com account balance, your scheduled payment installments, and other aspects of your EscrowTaxes.com account is reflected on your EscrowTaxes.com account statement. At any time, you may log into your EscrowTaxes.com account and view your EscrowTaxes.com account statement. If you have any questions regarding your EscrowTaxes.com account statement, you may contact Company’s customer service through EscrowTaxes.com.

Refunds, Chargebacks, and Duty to Maintain Sufficient Funds

Service fees, transaction costs, and any interest earned on payments to Company are non-refundable. In the event that you request a refund, initiate a chargeback, or in any other way request the return of any payment or portion of a payment made using your EscrowTaxes.com account and/or your method of payment is rejected or a payment is cancelled for any installment, Company will return only such amount in your EscrowTaxes.com account which has not been previously paid to a government agency pursuant to Company’s obligations hereunder. Company will credit the amount of any refund to the linked payment method used to make the payment being refunded or, at Company’s sole discretion, Company may transmit the requested refund to you (i) by ACH to your bank account on file in your EscrowTaxes.com account, or (ii) by check sent to you at your address on file in your EscrowTaxes.com account. You may not, and you agree that you will not, request any refund of your EscrowTaxes.com account balance (or any portion thereof) after you have made the last scheduled monthly payment before the tax due date (the “Last Scheduled Installment Payment”). You agree that Company shall have no obligation to comply with any such refund request. Any refund request that you wish to make after the Last Scheduled Installment Date, including any such refund request you with to make after Company has paid your tax obligation to the government agency, must be made directly to the government agency.

Your satisfaction of your obligation to maintain a sufficient balance in your EscrowTaxes.com account to pay for each installment of any and all tax bill(s) owed to government agencies when due, and for which Company has been given responsibility for payment, is an express condition of Company’s obligations to make such payments. Company must receive all payments for taxes at least ten (10) days before the date such tax bill(s) are due to the government agency. Although Company may provide notifications to you that your EscrowTaxes.com account has an insufficient balance, Company is under no obligation to provide such notifications nor may it be held liable for any loss or damage you may incur based on any inaccuracy within such notifications.

If any refund, cancelled payment, and/or rejected payment reduces your EscrowTaxes.com account balance to an amount that is less than the total amount of all tax bill(s) to government agencies for which Company previously agreed to make a payment on your behalf, then Company shall not have any obligation to make any of those payment(s) on your behalf and shall no bear no responsibility or liability for making those payments. As such, at the time of any refund, cancellation, and/or rejection of payment meeting the qualifications of this paragraph, you will remain solely responsible and liable for payment of any and all tax bill(s) you owe to government agencies.

If any payment of your tax bill to a governmental agency is refunded to Company by such agency, the amount of the refund shall be credited to your EscrowTaxes.com account and shall be subject to the terms and conditions herein.

Any refund made under this section shall exclude the amount of service fees and transaction costs charged by Company, as well as any interest earned on your original payment(s) while such funds were held by Company.

Automated Clearing House (“ACH”) Payments

Company’s EscrowTaxes by Autoagent service provides the option for users to make Automated Clearing House (“ACH”) payments. ACH payments are electronic payments that are created when the user gives an originating institution, such as Company, authorization to debit directly from the user’s checking or saving account for the purpose of bill payment.

When electing to make an installment payment using ACH, you will be authorizing Company, on behalf of yourself or your business, (i) to verify your or your business’ bank account information using bank information and consumer reports, and (ii) to debit your or your business’ bank account.

Liability Cap

UNDER NO CIRCUMSTANCES WILL COMPANY’S OBLIGATION OR LIABILITY UNDER THIS USER AGREEMENT EXCEED THE THEN-CURRENT AMOUNT OF YOUR ESCROWTAXES.COM ACCOUNT BALANCE. ADDITIONALLY, UNDER NO CIRCUMSTANCES WILL COMPANY BE LIABLE FOR ANY LOSS OF USE, DATA, BUSINESS, GOODWILL, REPUTATION, OR REVENUE, AND/OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, MULTIPLE, OR PUNITIVE DAMAGES OR OTHER DIRECT OR INDIRECT LOSSES OF ANY KIND.

Personal Information

Your personal information shall be handled according to the terms of Company’s Privacy Policy and Company recommends you review the terms of its Privacy Policy carefully. By opening an EscrowTaxes.com account, you agree to all terms and conditions of Company’s Privacy Policy, which terms include, but are not limited to, providing Company with the right to collect your personal information through its website, www.escrowtaxes.com, and use or share your personal information as it deems necessary to fulfill its rights and/or obligations under this User Agreement.

Electronic Communication Delivery Consent

By opening your EscrowTaxes.com account, you are giving your consent to receive any communications from Company only through email, text or other electronic means, and you are confirming that you have access to the necessary equipment and are able to receive, open, and print or download a copy of any communications for your records. You may print or save a copy of any such communications from Company for your records as they may not be accessible online at a later date.

Acceptable Use

Company maintains a website and online services which can be found at the url address: www.escrowtaxes.com (the “Website”). The terms of this section govern your access and use of the Website. You must first read and accept these terms before opening an EscrowTaxes.com account and using Company’s online services. By clicking accept, below, you agree to adhere to and be bound by the terms hereof in all respects.

The Website and online services may only be used for lawful purposes and under the terms of this User Agreement. Additionally, you are prohibited from using the Website or online services as follows:

  • In any manner that violates any federal, state, international, or local law or regulation;
  • In any manner that materially interferes with our activities or overall business or harms any of our customers, employees, affiliates, agents, officers, or directors;
  • To threaten, bypass, or destroy any security mechanism used with or incorporated in the Website or the online services;
  • To disparage, denigrate, insult, or otherwise make pejorative statements about Company and/or any of its affiliates, directors, officers, employees, partners, brand, products, or services, including without limitation EscrowTaxes by Autoagent;
  • To transmit any content or information that is offensive, lewd, pornographic, defamatory, libelous, harassing, tortious, abusive, illegal, prejudice, discriminatory, or otherwise inappropriate or objectionable;
  • To transmit any marketing, advertising or promotional materials, including without limitation any “spam,” “junk mail,” or other deceptive or unsolicited bulk or commercial email;
  • To harm, or attempt to harm, minors in any way;
  • To modify, sub-license, adapt, translate, reverse engineer, sell, disassemble, or decompile any portion of the Website or online services functionality;
  • To impersonate Company (including any officer or employee of Company), any user of our Website and/or the online services, or any other person or entity;
  • To transmit any content, data, or material that infringes the intellectual property rights or other personal rights (including privacy) of any third parties;
  • To use the Website and/or online services in connection with unsolicited, unwanted, or harassing communications, including without limitation, SMS messages, phone calls, voice mail, chat, video, or email;
  • To transmit any content, data, or material that contains viruses, spyware, spiders, robots, worms, Trojan horses, logic bombs, or any other type of malicious or deleterious programs;
  • To use the Website or the online services to collect information about other users, including phone numbers or email addresses, without any such individual's prior explicit consent or otherwise under false pretenses of any kind;
  • In any manner that violates any other applicable policy maintained by Company, including without limitation Company’s Privacy Policy;
  • To use the Website or online services to record or monitor a phone call or other communication without first obtaining express consent from the participants per applicable law (such as California's Invasion of Privacy Act);
  • In any manner that can reasonably be considered contrary to Company's goodwill, public image, and overall reputation;
  • To express or imply that any user's statements, activities, or causes are endorsed by Company;
  • To collect, or attempt to collect, personal information about users or other third-parties without their prior knowledge and affirmative consent;
  • To divulge any of Company’s (or any affiliate’s) proprietary information;
  • In any manner that promotes any illegal activity (such as driving under the influence, illegal drug use, violence, child abuse, or underage drinking); or
  • To knowingly receive, use, re-use, upload or download any material which:
    • Contains material that may reasonably be considered obscene, defamatory, offensive, abusive, hateful, inflammatory, harassing, violent, or otherwise objectionable;
    • Promotes pornographic or other sexually explicit material, discrimination, or violence, based on race, religion, nationality, sex, gender, disability, age, or sexual orientation;
    • Is likely to deceive any person acting reasonably under the circumstances;
    • Impersonates any person; or
    • Involves commercial activities or sales.

The foregoing prohibitions have been established by Company to comply with applicable law, ensure reliable and enjoyable service for all users, ensure security and privacy of our (and any third party’s) network and systems, maintain Company’s reputation as law-abiding, honorable, and customer-friendly, and preserve the privacy and security of each user’s personal information at all times.

Company maintains the right to monitor all third-party use of the Website and online services to confirm compliance with the terms of this User Agreement by any means it deems appropriate at any time in its sole discretion and delete any material or reverse any transaction it deems illegal, inappropriate, or violative of any Company policy or applicable third-party policy. If Company discovers a violation, it will take whatever action it deems reasonably necessary or appropriate to address such behavior. YOU HEREBY WAIVE AND HOLD HARMLESS COMPANY, ALONG WITH COMPANY’S EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES, LICENSEES, AND SERVICE PROVIDERS, FROM ANY AND ALL CLAIMS RESULTING FROM, OR ARISING DIRECTLY OR INDIRECTLY OUT OF, ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES IN CONNECTION WITH INVESTIGATIONS BY EITHER COMPANY OR LAW ENFORCEMENT AUTHORITIES.

Closing Your EscrowTaxes.com Account

When you close your EscrowTaxes.com account, we will cancel any scheduled or incomplete transactions including, but not limited to, payment for any outstanding taxes due and owing to a government agency. You will remain liable for all obligations related to your EscrowTaxes.com account even after the account is closed, and Company shall bear no responsibility or liability for any such obligations. In certain cases, you may not close your EscrowTaxes.com account, including:

  • To evade an investigation.
  • If you have a pending EscrowTaxes by Autoagent transaction, we will not close your EscrowTaxes.com account until that transaction has been completed, but we may limit your ability to make additional transactions using your EscrowTaxes.com account. You may not close your EscrowTaxes.com account less than ten (10) days before the date your next tax bill is due.
  • If you have an open dispute or claim with Company or any government agency related to your EscrowTaxes.com account.
  • If your EscrowTaxes.com account has a negative balance.
  • If your EscrowTaxes.com account is subject to a hold, limitation or reserve.

Company’s service fees and transaction costs are non-refundable. At the time of closing your EscrowTaxes.com account, any remaining balance within such account shall be reduced by the amount of all unpaid service fees and transaction costs earned by Company, and any balance remaining shall be refunded to you as set forth above.

Binding Arbitration

Subject to all applicable laws, you are agreeing to give up: (i) your right to litigate any claims that may arise hereunder in court or before a jury; and (ii) your right to consolidate any claim and/or participate in any class-action claim that may arise hereunder in any manner or forum. Instead, any claim, dispute or controversy of any kind or nature arising hereunder which cannot be amicably resolved by us shall be solely and finally settled by arbitration under the Federal Arbitration Act administered by the American Arbitration Association in accordance with its commercial arbitration rules. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration shall take place before a single arbitrator sitting in Palm Beach County, Florida. The language of the arbitration shall be English. The arbitrator will be bound to adjudicate all disputes in accordance with the laws of the State of Florida. The decision of the arbitrator shall be in writing with written findings of fact and shall be final and binding upon the parties hereto. Each party shall bear all of its own costs and attorneys’ fees incurred in connection with any such arbitration proceedings. With respect to any arbitration hereunder, as stated above, you hereby expressly waive any right to consolidate any claim and/or participate in any class-action claim of any kind or nature. This paragraph provides your sole recourse for the resolution of any disputes arising out of, in connection with, or related to this User Agreement. If any provision of this clause is found unenforceable, such unenforceable provision will be removed and the remaining terms will be enforced.

Governing Law

This user agreement shall be governed by the laws of the State of Florida without regard to its conflict of laws principles and all matters affecting its validity and construction shall be determined according to the laws of that State. Further, the place of performance and transaction of business shall be in Palm Beach County, State of Florida, and in the event of litigation or arbitration, the exclusive venue and place of jurisdiction shall be Palm Beach County, State of Florida.

No Waivers

Company’s failure to enforce any of its rights hereunder will not constitute a waiver of its right to make such enforcement in the future, subject to applicable law.

Notices

Company may provide notices hereunder to you by: (i) email; (ii) regular mail; or (iii) posting them on its website. You shall be responsible for ensuring that you have provided Company with your current email and mailing address(es). You may provide written notice to Company by mail to the following address:

EscrowTaxes by Autoagent, LLC
2515 Waukegan Rd., Ste. 22
Bannockburn, IL 60015

Entire Agreement

This User Agreement, along with the incorporated documents set forth above, any instructions that Company provides to you relating to your EscrowTaxes.com account or any EscrowTaxes by Autoagent services, and any amendment to the terms and conditions of this User Agreement or any other incorporated documents as permitted and provided for herein shall, collectively, be deemed a final and integrated agreement between you and Company with respect to the subject matter hereof.