These Intuit Select Pro Staffing Terms of Service (the “Terms”) govern your use of the Intuit Select Pro Staffing services (the “Services”) of Intuit Inc., for itself and on behalf of its affiliates (collectively, “Intuit”). By clicking on the “Accept” button, or by accepting via any other means provided by Intuit, or by taking any other action to indicate your acceptance (including utilizing any aspect of the Services), you (if you are acting on behalf of yourself as an individual) and your company (if you are acting on behalf of your company) (collectively “You” or “Your”) agree to be bound by these Terms.
Nature of the Services; Relationship to Intuit; Relationship to Service Providers
The Services consist of a resource by which You may gain access to tax and accounting professionals who may be available to assist You in managing Your workload as a tax preparer (such professionals the “Service Providers”). Intuit is neither a placement firm nor an employment agency; rather, Intuit is acting solely as a referral source for You and the Service Providers to be able to connect with one another and to determine, in the separate judgment of each of you, whether to enter into a relationship between yourselves for the provision of services by such Service Providers.
Intuit does not act as an employer of the Service Providers, and the Service Providers are not independent contractors of Intuit. Service Providers will be employed or engaged solely by You, upon such terms as You and the Service Providers determine.
Responsibility for Service Providers
Because You engage or employ Service Providers directly, and Intuit is not a party to the relationship between You and Service Providers, Intuit accepts no responsibility or liability for any aspect of Your relationship with the Service Providers. Without limiting the generality of the foregoing, this means:
- Intuit is not responsible for the Service Providers or their acts or omissions. Such responsibility is solely and entirely with You.
- Intuit does not ensure or promise that any Service Provider is capable of performing any specific work or has been educated to any particular level. All verification of credentials and skills shall be performed solely by You.
- Intuit does not perform background checks on Service Providers. Intuit makes no representations regarding the criminal history or other biographical information of any of the Service Providers.
- You assume full and exclusive responsibility for the work product of any Service Provider as if, and to the same extent that, You performed such work personally. This includes (but is not limited to) responsibility for any tax filings prepared by any Service Provider employed or engaged by You.
Legal and Standards Compliance
There are certain laws and regulations that apply to the preparation of tax returns and related matters. These may include, but are not limited to, the following: (a) Sections 6713 and 7216 of the Internal Revenue Code, and related regulations, (b) ISO standards regarding security and quality management, or other subjects, (c) enrollment, registration, licensing, or other requirements of the IRS, or (d) state or federal training, insurance, or bonding requirements. Other requirements or guidelines may exist in the publications or guidelines of member organizations to which You belong, or that have authority over Your activities.
You are solely responsible for compliance with the above laws, regulations, guidelines, and standards with respect to any work performed by You or the Service Provider, and any other legal or other requirements concerning the same. Intuit assumes no liability for such matters.
Disputes
You must raise any dispute arising out of or relating in any way to these Terms or the Services within sixty (60) days from the date on which the event giving rise to such dispute is alleged to have occurred. Any dispute not raised within such time period shall be deemed to be waived, notwithstanding any different or contrary period of time set forth in the substantive law or statute(s) of limitation that would otherwise apply.
Term and Termination
These Terms shall become effective immediately upon Your acceptance in any of the ways described above. These Terms shall continue in effect for so long as You utilize the Services, or until You cease using the services of any Service Provider, whichever occurs later. Intuit may terminate the relationship reflected in these Terms at any time and for any reason upon notice to You.
Disclaimer
Intuit makes no representations or warranties of any kind with respect to the Services or any work performed by the Service Providers. All such matters are provided on an “as-is” basis, and with all faults. INTUIT HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, AS TO THE SERVICES, OR ANY WORK PERFORMED BY THE SERVICE PROVIDERS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, OR WORKMANLIKE STANDARDS. INTUIT SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, COST, OR EXPENSE FOR BREACH OF ANY WARRANTY.
Limitation of Liability
TO THE FULLEST EXTENT ALLOWED BY LAW, INTUIT SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THESE TERMS, THE SERVICES, OR ACT OR OMISSION OF ANY SERVICE PROVIDER, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF USE, LOST DATA, OR ANY DAMAGES OR SUMS THAT YOU ARE REQUIRED TO PAY TO THIRD PARTIES, EVEN IF INTUIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT INTUIT IS FOUND RESPONSIBLE FOR BREACH OF ANY ALLEGED LEGAL DUTY OR REQUIREMENT RELATING TO THE SERVICES, INTUIT’S SOLE LIABILITY, AND YOUR EXCLUSIVE REMEDY IN CONNECTION WITH ANY SUCH CLAIM OF ANY KIND, SHALL BE FOR INTUIT TO REPEAT PERFORMANCE OF THE SERVICES GIVING RISE TO SUCH CLAIM. THE DISCLAIMERS IN THIS SECTION SHALL APPLY WHETHER ANY SUCH CLAIM IS BASED UPON BREACH OF CONTRACT, WARRANTY OR ANY STATUTORY DUTY, NEGLIGENCE OR OTHER TORT, PRINCIPLES OF INDEMNITY OR CONTRIBUTION, THE FAILURE OF ANY LIMITED OR EXCLUSIVE REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE.
Indemnity
You will indemnify and hold harmless Intuit for any acts or omissions by Services Providers under any engagement, understanding or definitive agreement, including damages caused or incurred by Service Providers in connection with such engagement, understanding or definitive agreement, or violation of any of the Terms as set forth herein.
No License
These Terms do not grant any right to You to use any Intuit trademarks, logos, branded material, or other content in connection with the Services.