Terms of Use

Updated On June 2024

Welcome to ET Search LLC, an internationally recognized retained tax executive search firm. ET Search LLC is a Delaware Corporation which means we are legally registered under the laws of the state of Delaware, but we can conduct business anywhere.

Your access to and use of the ET Search LLC website, services and products found on our website are subject to the terms of this Terms and Use Agreement (“Terms of Use”).

By using the ET Search LLC Website, you are agreeing to our Terms of Use. If you do not agree to these Terms of Use, then you should terminate such usage immediately.

ET Search LLC may update or modify changes to our site and our Terms of Use from time to time. Changes or modifications we make to our Terms of Use Agreement shall be effective immediately after they have been posted as indicated by the Date Updated as stated above in the upper right-hand corner of our Terms of Use Agreement.

Your continued use of the ET Search LLC site after the Updated Date constitutes your acceptance of our Terms of Use. It is your responsibility to check our Terms of Use for periodic changes, updates, revisions and modifications.

You must comply with all applicable laws in accessing and using this Website.

Using Our Services

You may use our Services only if you can form a binding contract with ET Search LLC. If you are using services on behalf of any entity, then you are agreeing to the Terms Of Use on behalf of that entity.

You may simply be browsing our site as a visitor or registered member on our site. As a result, your use of the ET Search LLC site signifies that you have read, understand, acknowledge and agree to be bound by our Terms of Use.

Using our services does not give you ownership of any intellectual property rights in our services or the content you access. Except in the context of browsing or accessing our services in accordance with these Terms, you may not use content from our services unless you obtain written consent from the owner of the content. Our Terms do not give you the right to use any branding or logos used in our services. Do not remove, obscure, or alter any legal notices displayed in or along with our services.

Information On Services

Our services display both ET Search LLC created content and content not created by ET Search LLC. We may review third party content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. We cannot guarantee the accuracy of the information posted or the qualifications of those individuals posting the information.

No Formation Of A Tax Advisor-Client Relationship

The information found on ET Search LLC is intended for general information purposes only and should be used as a starting point for addressing educational issues. The information is not the provision of tax services, and accessing such information, or corresponding with or asking questions of a tax advisor on our site via our services does not create a client relationship between you and ET Search LLC , or any tax advisor.

Our site is not a substitute for an in-person or telephonic consultation with a tax professional licensed to practice in your jurisdiction about your specific tax issue, and you should not rely on such information. You understand that tax questions and answers or other postings to the services are not confidential and are not subject to tax advisor client privilege.

ET Search LLC is a platform where tax advisors unaffiliated with ET Search LLC can offer information and interact with taxpayers. Any tax advisor relationship formed as a result of interactions between a tax advisor and a taxpayer on ET Search LLC is between the tax advisor and the taxpayer.

ET Search LLC cannot be held responsible for the quality or accuracy of any information or tax services provided by tax advisors on our site and the taxpayers interacting with them. There is not anything on the ET Search LLC website that can be considered as creating or rendering professional or legal advice for any specific tax or business matter.

Every visitor to ET Search LLC, or anyone reading any content originating from our site, is responsible for obtaining advice from a tax advisor they retain on their own. Each person’s situation has its own set of facts to be explored by the Tax Advisor they ultimately retain. No person should act or refrain from acting on the basis of content on ET Search LLC without first obtaining matter specific and/or professional advice from the tax advisor they retain.

ET Search LLC accepts no responsibility for any loss or damage, howsoever incurred, which may result from accessing or reliance on content on the ET Search LLC ’ website, and disclaims, to the fullest extent permitted by applicable law, any or all liability with respect to acts or omissions made by clients or readers, on basis of content on the ET Search LLC site.

Use Of Our Software

Some of our services allow you to download client software which may update automatically, you agree that these Terms will apply to such upgrades. So long as you comply with these Terms, we give you a limited, nonexclusive, nontransferable, revocable license to use the software, solely to access the services. To the extent that any component of the software may be offered under an opensource license, we will make that license available to you and the provisions of that license may expressly override some of these Terms. Unless the following restrictions are prohibited by law, you agree not to reverse engineer or decompile the services, attempt to do so, or assist anyone in doing so.

You are not authorized to copy or use any software, proprietary processes, or technology embodied or described in this Website.

Disclaimers Regarding Use Of Information

While ET Search LLC strives to provide and allows tax advisors to provide useful information regarding tax services, there are some things we cannot guarantee. You acknowledge that such information consists of third-party data and contributions, and that there are inherent limitations to the accuracy and currency of such information, that tax advice and other information may not be complete, may contain inaccuracies, or may be based on opinion. ET Search LLC does not screen information for accuracy or reliability. To the fullest extent permitted by law, suppliers of information or software make no warranties, either expressed or implied about the services or software. All services or software are provided “ AS IS”. ET Search LLC also disclaims any warranties of merchantability, fitness for a particular purpose, title or infringement.

Limitation Of Liability

To the fullest extent permitted by law, in no event shall  ET Search LLC or any of its affiliates, suppliers and distributors, or any of their respective Directors, Employees and Agents be liable for any special, indirect or consequential damages, or any loss of profits or revenue, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible loses, resulting from: the outcome or any legal matter; your access to or use of or inability to access or use the services or software; or any conduct or content of any third party relating to the services or software; or unauthorized access, use or alteration of legal information.

To the extent permitted by law, the total liability of ET Search LLC and its affiliates, suppliers and distributors for any claim arising out of or relating in any manner to the use of the services or software, is limited to the amount you paid to us to use the services to which such claim relates in the 12-month period preceding the filing of such claim. In the interest of clarity, this limitation also applies to premium services.

User Posted Content

ET Search LLC services include interactive areas in which you may post blog content and information, including endorsements and user reviews, questions and answers, comments, photos, and other materials. You retain all rights in and are solely responsible for the User Content you post to ET Search LLC . You are also solely responsible for your use of such interactive features and use them at your own risk. By using any interactive feature, you agree to comply with the ET Search LLC community Guidelines. Furthermore, we reserve the right to remove or modify User content for any reason, including User content that we believe violates these Terms or our policies.

When you post User Content to ET Search LLC, you give ET Search LLC and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media. To the extent such content is attached to a profile on the ET Search LLC platform, the foregoing license includes a right to reproduce your profile, and any name, likeness or photograph contained in such profile.

Indemnification

You agree to defend, indemnify and hold harmless ET Search LLC, its affiliates, independent contractors, service providers and consultants, and each of their respective Directors, Employees, Agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorney fees) arising out of or related to any User Content you post, store or otherwise transmit on or through the services or your use of or inability to use the services, including without limitation any actual or threatened suit, demand or claim arising out of or relating to the User Content, your conduct, your violation pf these Terms or your violation of the rights of any third party.

Mandatory Arbitration And Dispute Resolution

We hope we never have a dispute, but if we do,  we agree to try for 60 days to resolve it formally. If ET Search LLC is unable to resolve your complaint, you and ET Search LLC agree to individual binding arbitration under JAMS Mediation Services (Judicial Arbitration And Mediation Services) and will not sue in court in front of a Judge or Jury. The arbitration will be conducted under the JAMS Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes and the arbitrator’s decision will be final except for a limited right of review under the FAA. The following applies to any arbitration proceedings between you and ET Search LLC.

Before moving an unresolved informal dispute into arbitration, you must first send us a Notice of Dispute describing the nature and basis of the claim and the specific relief sought. This notice should be sent to ET Search LLC CEO kat@etsearch.com.

Any arbitration must be commenced by filing a demand arbitration with JAMS within one year from when it first could be filed. Otherwise, it is permanently barred. If applicable law prohibits a one-year limitation period for asserting claims, any claim must be asserted within the shortest period of time permitted by applicable law.

The enforcement of the arbitrator’s award will be controlled by and conducted in conformity with the FAA. Judgement upon any award may be entered in any court holding jurisdiction.

Notwithstanding Our Agreement To Arbitrate Disputes

Small Claims Court: If the Claim qualifies, either you or ET Search LLC may bring action in small claims court in Superior Court of California, County of Riverside – Palm Springs Courthouse, 3255 E Tahquitz Canyon Way, Palm Springs, CA 92262. Any small claims court action must be filed within one year from when it first could be filed. Otherwise, the claim is permanently barred.

Injunctive Relief: ET Search LLC may bring a lawsuit against you in any court of competent jurisdiction solely for injunctive relief to stop any unauthorized use or abuse of the services, or any intellectual property infringement. In these instances, ET Search LLC may seek injunctive relief without first engaging in the informal dispute resolution or arbitration process, as described in these Terms Of Use.

Disputes Not Covered By Arbitration: In the event that arbitration is found to be inapplicable or unenforceable for any reason, or if you exercise the option to opt-out of arbitration as provided below, the claim at issue will be brought under judicial proceedings in federal or state courts in Riverside County, Palm Springs, CA. and you and ET Search LLC consent to personal jurisdiction and exclusive venue in such courts.

Option To Opt Out Of Arbitration: You may opt out of this agreement to arbitrate. If you do so, neither you nor ET Search LLC  can require the other to participate in an arbitration proceeding. To opt out, you must notify us in writing within 30 days of the date that you first became subject to the arbitration provision in these Terms. To opt out, you must send us a clear statement that you want to opt out of arbitration, along with your name, residence or business address, and the email address associated with your account to kat@etsearch.com.

No Class Actions: You may only bring individual claims. Under no circumstances are you allowed to bring a claim as a plaintiff or class member in a class action. Class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceedings where someone acts in a representative capacity are not allowed. Any combining of individual proceedings must have the consent of all parties.

Applicable Laws

The laws of the State of California, excluding its conflict of law provisions will apply to any disputes arising out of or relating to these Terms or the Services.

Termination of Services

Notwithstanding any of these Terms,  ET Search LLC reserves the right, without notice and in its sole discretion, to terminate your license to use our services, and to block or prevent your access to and use of our services. ET Search LLC reserves the right to refuse service to anyone for any reason at any time. In the event of termination of services, you have no right to obtain a copy of any data or communication you store or effected via the services, or any other data.

Entire Agreement These Terms constitute the entire agreement between you and ET Search LLC  with respect to the subject matter of these Terms and supersede and replace any prior version of the Terms of Agreement. These Terms create no third-party beneficiary rights.

Waiver, Severability And Assignment

ET Search LLC failure to enforce a provision of these Terms is not a waiver of its rights to do so. If any provisions of these Terms is found unenforceable, the remaining provisions of the Terms will remain in full effect and enforceable Term or Terms will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these terms, and any attempt to do so will be void. ET Search LLC may assign its rights to any of its affiliates , or to any successor interest of any business associated with the Services.

Questions About ET Search LLC

If you have any questions regarding the use of our site, please contact us directly at 858.232.4415. We are happy to help you.