Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using the ExemptCheck website and API (the “Service”) operated by ExemptCheck (“us”, “we”, or “our”). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms.
1. Nature of the Service; No Tax or Legal Advice
CRITICAL DISCLAIMER: ExemptCheck provides a software tool designed to aggregate and automate the retrieval of public data from state tax portals and validate certificate formats against SSUTA guidelines. ExemptCheck is NOT a law firm, an accounting firm, or a tax advisory service.
The information provided by the Service is for informational purposes only and does not constitute legal, tax, or accounting advice. You are solely responsible for determining the validity of any resale or exemption certificate. State portals may contain inaccurate, delayed, or incomplete data, and ExemptCheck does not guarantee the accuracy, completeness, or timeliness of the information returned by our Service.
2. Assumption of Risk and Sole Responsibility
You expressly agree that you assume all risks associated with accepting resale or exemption certificates. If a state tax authority determines a certificate you accepted is invalid, fake, or expired, you are solely responsible for any resulting unpaid taxes, interest, penalties, fees, or audit liabilities. Under no circumstances will ExemptCheck be held liable for your tax obligations or audit outcomes.
3. Disclaimer of Warranties
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXEMPTCHECK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
We do not warrant that (i) the Service will function uninterrupted, secure, or available at any particular time or location; (ii) any errors or defects will be corrected; (iii) the Service is free of viruses or other harmful components; or (iv) the results of using the Service will meet your requirements or expectations.
4. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EXEMPTCHECK, ITS AFFILIATES, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, REVENUE, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE; AND (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
IN NO EVENT SHALL EXEMPTCHECK’S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF THE SERVICE EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100.00) OR THE AMOUNT YOU PAID EXEMPTCHECK IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
5. Indemnification
You agree to defend, indemnify, and hold harmless ExemptCheck and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; or (iv) your violation of any state, federal, or local tax law, regulation, or audit proceeding.
6. Acceptable Use
You agree not to misuse the Service or help anyone else to do so. You may not:
- Attempt to circumvent any API rate limits or billing mechanisms.
- Use the Service to scrape data for the purpose of building a competing product.
- Interfere with or disrupt the integrity or performance of the Service.
7. Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.
8. Intended Audience and Jurisdiction
The Service is intended solely for businesses and individuals operating within the United States and dealing with US sales tax regulations. ExemptCheck makes no representation that the Service is appropriate or available for use in other locations. If you access the Service from outside the United States, you do so at your own risk and are responsible for compliance with local laws, including but not limited to GDPR and other international data privacy regulations. Any legal action or proceeding relating to your access to or use of the Service shall be instituted in a state or federal court in the United States.