Avalara MyLodgeTax Site Terms of Use

Last Updated June 21, 2016

Welcome to Avalara MyLodgeTax, an Avalara website! Avalara provides this website and the related websites (the “Sites”), including all Content and services on the Sites, as a service to our users. Your use of the Sites is subject to the following conditions (the “Site Terms”).

Please read these Site Terms carefully. These Site Terms are a legal agreement between Avalara, Inc. and its affiliates (collectively, “Avalara”) and you, and the Site Terms govern your use of the Sites and the Site Services. By accessing or using the Sites or the Site Services, you agree to be bound by these Site Terms and all terms incorporated by reference. If you do not agree to all of these terms, you must not access or use the Sites Site Services.

We periodically update these Site Terms, so you must regularly review them. We will post the effective date of any updates at the beginning of these Site Terms. By continuing to use the Sites after an update, you agree to the terms of the update.

  1. Site Services. Through the Sites, Avalara provides certain sales and occupancy tax compliance services, including license registration, license renewal, tax rate determination, tax return preparation and filing, tax payments, delinquency and notification management, back tax, voluntary disclosure, and other tax services (the “Services”). The terms of these Site Terms govern our offering of, and your use of, the Site Services. By purchasing access to the Site Services, you agree to (a) pay the applicable service fees for such Site Services and (b) use such Site Services in compliance with any documentation provided to you by Avalara that is applicable to the Site Services. Avalara may terminate your use of the Site Services at any time, for any or no reason, and without prior notice. In the event that Avalara terminates your access to the Site Services, your sole remedy for such termination will be the refund of the pro-rata amount (if any) of any prepaid amounts for Site Services that you had not yet used at the time of termination. In the event that we modify these Site Terms, or any other terms of your subscription (including pricing), such modification will be effective for your use of the Site Services at the beginning of the next billing period for the applicable Site Services that begins at least 14 days after the date of the updated Site Terms. If you do not agree to such changed terms, you must contact us to terminate your use of the Site Services prior to the date that the updated Site Terms become effective for you.
  2. Authorization. By requesting the Site Services, you authorize Avalara to, on your behalf, register with taxing and other relevant authorities and file sales tax (or similar) returns. You also authorize Avalara to contact and interact with taxing authorities and other third parties (but solely related to Avalara’s provision of the Site Services).
  3. Your Responsibilities to Avalara. In order for Avalara to timely and accurately provide the services to you, you must provide timely and accurate information to Avalara. You acknowledge that the failure to meet these responsibilities could prevent Avalara from performing the Services, which in turn could result in delayed payments, overpayments, underpayments, or nonpayments to taxing authorities. Avalara is not liable to you for any fees, penalties, or other liabilities incurred by you because of your failure to meet the obligations set forth in these terms of use. As a user of the Site Services, you are required to:
    1. Ensure that the bank account and/or credit card numbers that you have on file with Avalara are always up to date with your most current information.
    2. Provide an accurate street address and such other identifying information as Avalara requests for the rental property for which Avalara will be making tax filings and payments on your behalf (the “Property”).
    3. Notify Avalara of any material change in status of the Property that could potentially affect the Services, such as a change in ownership, long term versus short-term rental activity, and suspension or cessation of rental activity.
    4. Report within the required deadline after the tax reporting period all amounts charged by you for rental of the Property during that period, including rent, fees (such as cleaning fees), and all other amounts charged by you. If the rental activity is reported after the tenth day, Avalara is not obligated to file the tax returns by the filing deadline. You acknowledge and understand that a failure to meet the filing deadline may subject you to additional fees and penalties for late filing. If you fail to report your rental activity by the required date Avalara assumes you have no revenue to report and will report a zero tax return for you.
    5. Ensure adequate amounts are available in your accounts to pay the taxes that are owed for your rental activity and the processing fees of Avalara, taxing authorities, and other relevant third parties.
    6. Pay all fees charged by Avalara, including fees for the Site Services and fees related to amounts paid by Avalara to taxing authorities. You acknowledge that extra fees may be incurred, including for late filing, amended returns, license renewal, and expedited Site Services.
    7. Ensure that the Property is properly zoned for short term rentals and that short term rental of the Property is permissible under all applicable laws, encumbrances, and agreements relating to the Property.
    8. Verifying the filing status of each tax return filed on your behalf by Avalara, and confirming that the information provided by you that Avalara used to file the tax return is complete and accurate. Should you identify any errors in such information or problems with the filing status, you must promptly notify Avalara.
    9. If you require a copy of any tax returns for taxes paid by Avalara, you are responsible for obtaining such copies. You acknowledge and agree that Avalara is not required or obligated to provide you with copies of any tax returns, although to the extent Avalara has the tax return in its records, it will provide it to you, but may charge a reasonable fee (except in the case of audits or informational requests from taxing authorities).
  4. Responsibilities of Avalara to You. Provided that you meet all of your responsibilities to Avalara, Avalara will:
    1. Determine all relevant sales or other taxes on rental activity associated with the Property, based on the street address provided by you.
    2. Use commercially reasonable efforts to ensure registration and licensing with appropriate taxing authorities for your rental activity.
    3. Calculate, complete, and remit all tax returns by the required filing deadline for each tax jurisdiction on behalf of Customer, based on the rental activity and other information you provide to Avalara.
    4. Notify you of taxes paid for and keep records of all tax filings on your behalf for such period of time as determines in its sole discretion.
  5. No Professional Tax Opinion and Advice. You acknowledge Avalara does not provide professional tax opinions or tax management advice specific to the facts and circumstances of your business and that your use of the Site Services of the Content does not create any fiduciary obligations on the part of Avalara to you. Although Avalara strives to ensure that data and information contained in the Services are current and accurate, Avalara is dependent on third parties, including, but not limited to, state and local governmental agencies, to timely update and provide information that affect such data and information. AS SUCH, YOU AGREE THAT YOU USE AND RELY UPON THE CONTENT AND SERVICES AT YOUR OWN RISK AND YOU ACKNOWLEDGE THAT AVALARA CANNOT GUARANTEE THAT ANY DATA AND INFORMATION CONTAINED IN THE SERVICES ARE ACCURATE OR CURRENT. In addition, due to rapidly changing tax rates and regulations that require interpretation by your qualified tax professionals, you bear full responsibility to determine the applicability of the output generated by the Site Services and to confirm its accuracy. You are encouraged to conduct due diligence and seek the assistance of qualified tax counsel or accounting professionals on matters requiring professional advice.
  6. Rights. You are granted a limited, nonexclusive, nontransferable, revocable license to access and use the Sites solely in accordance with these Site Terms. As a condition of your use, you warrant to Avalara that you will not use the Sites for any unlawful or prohibited purpose. You shall not use the Sites in a way that could damage, disable, overburden, or otherwise impair them or interfere with any other party's use. You shall not obtain or try to obtain any materials or information that we have not intentionally made available to you. We do not grant you license, express or implied, to any Avalara intellectual property except as specifically authorized by these Site Terms. Avalara reserves the right, in our sole discretion, to (a) revise the Content available on the Sites; (b) impose rules for and limits on use of, or access to, the Sites; (c) restrict your access to part, or all, of the Sites without notice; or (d) change, suspend, or discontinue any aspect of the Sites. We will not be liable to you or to any third party for taking any of the actions listed in (a)-(b) above. We reserve the right to revoke your access at any time for any reason, including as a result of a violation of these Site Terms, without notice.
  7. Content. All material on the Sites, including information, data, software, photographs, graphs, videos, text, graphics, music, sounds, compilations, and any other content (collectively, the “Content”) is the property of Avalara or our third party content suppliers and is protected by United States and international copyright laws. You shall use the Content solely for the uses specifically authorized on the Sites and you will make no other use of it without Avalara's express written permission. Except as specifically authorized, you shall not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit the Content. The Content is not for resale. You shall not delete or alter any proprietary rights or attribution notices in the Content. Avalara does not claim copyright for information provided by governmental agencies, but to the extent a compilation of that information was created by Avalara, Avalara owns the rights to that specific compilation.
  8. Trademarks. The names, logos, graphics, brands, and icons on the Sites are Avalara's trademarks or trade dress in the United States and other countries. Our trademarks and trade dress shall only be used in connection with our products and services. You are granted a limited, nonexclusive, nontransferable, revocable license to use our trademarks and trade dress solely in strict accordance with these Site Terms. You shall not use our trademarks or trade dress in connection with any products or services that are not Avalara's in a way that is likely to cause confusion among consumers or that disparages or discredits Avalara. Any other trademarks on the Sites are the property of their respective owners, and may or may not be affiliated with Avalara.
  9. Privacy. Avalara’s Privacy Policy is available here. You agree to be bound by the terms of the Privacy Policy and any changes to it and agree that Avalara may use and maintain your data in accordance with that Policy.
  10. Communications. When you visit the Sites or send electronic messages to us, you are communicating with us electronically. Avalara may be required by law to send you communications about the Sites or third party products or services and will do so in accordance with its Privacy Policy. By registering for an account, sending us an electronic message, or otherwise communicating with us, you have agreed to communicate with us electronically, which may include receiving emails from Avalara or its partners. You may withdraw your consent at any time by sending an opt-out or unsubscribe notice.
  11. Account Password and Security. Your use of the Site Services requires you to open an account. You must complete the registration process for this account by providing current, complete, and accurate information as prompted by the applicable registration form. You also may be asked to choose a password and a username. You are solely responsible for maintaining the confidentiality of your password, username, and other account information. Furthermore, you are solely responsible for all activities that occur under your account and will be held liable for losses or damages incurred by Avalara or another party due to someone else using your account or password. You agree to notify Avalara immediately of any unauthorized use of your account or any other breach of security. Avalara will not be liable for any loss or damages that you may incur as a result of someone else using your password or account. You shall not use anyone else’s account at any time without the permission of the account holder.
  12. No Unlawful or Prohibited Use. You shall not use the Sites for any purpose that is unlawful or prohibited by these Site Terms. This prohibition includes, but is not limited to, using the Sites in a manner that could damage, disable, overburden, or impair any Avalara server, or the networks connected to any Avalara server, or interfere with any other party’s use and enjoyment of any of the Sites. You shall not attempt to gain unauthorized access to the Sites, other accounts, computer systems, or networks connected to Avalara through hacking, password mining, or any other means. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Sites. You shall not use the Sites to, nor permit any third party to: (a) promote your offerings or services (commercial or otherwise); (b) defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others or publish, post, upload, or distribute any information that would result in the same; (c) download, upload, or otherwise make available materials, software, or information that is not legally yours and without permission of the intellectual property rights owner or (d) impersonate someone else or falsely represent your identity or qualification, or to breach another’s privacy.

    Avalara has no obligation to monitor the Sites. However, you acknowledge and agree that Avalara has the right to monitor the Sites from time to time and to collect and/or disclose any information as necessary or appropriate to (i) satisfy any law, regulation, or other governmental request, (ii) to operate the Sites properly, (iii) to optimize the Sites and/or Avalara's business operations, or (iv) to protect Avalara, its users, or its customers.

  13. Communication Forums. The Sites may contain e-mail services, community forums, or other social features to exchange information with other users of the Sites (collectively, “Communication Forums”). If you use the Communication Forums, you must act respectfully in your interactions with others, and you shall not use the Communication Forums for any prohibited activities. Do not disclose any content or information that you do not wish to make public. Please note that certain Communication Forums may be operated by third party service providers, and the specific terms and conditions of those third party service providers may govern your use of the Communication Forums.
  14. Notice and Takedown. If you believe that your copyrightable material has been infringed by a third party using the Site, please send a notice to Avalara’s copyright agent, including the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed upon; (3) a description of where the material that you claim is infringing is located on the Sites; (4) your address, telephone number, and e-mail address; (5) a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Avalara’s Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows: by written notice to Avalara, Inc., Attention: Legal, 1000 2nd Ave, #3100, Seattle, WA 98104, or by e-mail to legal@avalara.com.
  15. User Generated Content. By sharing, submitting or uploading any of your data, feedback, suggestion, comments, or ideas (“User Data”) in any way, you grant Avalara a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, prepare derivative works of, display, and perform your User Data in any legal manner for our sole benefit, including in future modifications of the Sites, other products or services, and in advertising and marketing materials. You acknowledge and agree that you are solely responsible for all the User Data that you make available through Avalara. Accordingly, you represent and warrant that: (a) you have all rights, licenses, consents, and releases necessary to grant Avalara the required rights to disseminate any User Data, (b) neither your User Data nor your posting, uploading, publication, submission, or transmittal of this User Data or Avalara’s use of your User Data will infringe, misappropriate or violate a third party’s' patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights or rights of publicity or privacy or result in the violation of any applicable law or regulation.
  16. Accuracy Guarantee. Avalara provides a guarantee of the accuracy of filings provided by the MyLodgeTax Service (the “Accuracy Guarantee”) under the following terms:
    1. If a Customer suffers a negative audit finding that results in financial loss due to an incorrect calculation or filing provided by the MyLodgeTax Service, Avalara will pay Customer the lesser of either: (i) the amount of the penalties, interest, and uncollected taxes that directly result from the incorrect calculation or filing, or (ii) $10,000.
    2. The following limitations apply to this guarantee:
      1. Customer must have properly set up, configured, and maintained its tax profile on the Avalara system. To the extent that the incorrect calculation or filing was caused by Customer's failure to properly set up, configure, and/or maintain its tax profile, Avalara will not be responsible for the incorrect calculation or filing.
      2. Avalara will not be responsible for the incorrect calculation or filing to the extent that it was caused by the failure of the applicable taxing authority to timely and accurately provide or update correct and current tax rates, boundaries, rules, and classifications.
      3. Customer must provide notice to Avalara no later than the earlier of either (i) 10 days after the taxing authority’s finding of a negative audit assessment, or (ii) 45 days after the date that Customer or the taxing authority initially identifies an issue that relates to the incorrect calculation or filing provided by Avalara. Such notice must be sent to accuracy@avalara.com.
      4. Customer must provide full and timely assistance to Avalara in confirming the nature and occurrence of the error, including providing Avalara with access to its financial reporting records, transaction logs, reports, and all other relevant information reasonably related to the error.
      5. Customer must provide full and timely assistance to Avalara in challenging the taxing authority findings if Avalara determines them to be incorrect. To the extent that an audit assessment involves other issues in addition to the alleged incorrect calculation or filing from Avalara, Customer, its Representatives, and Avalara will work together to ensure a collaborative response to the audit.
      6. Upon first notification by the taxing authority of potential error related to an incorrect calculation or filing by Avalara, Customer must take reasonable steps to mitigate its losses, including, but not limited to, changing taxability determinations or calculations for ongoing transactions and rebilling customers for the uncollected tax.
    3. In the event that (i) Customer ultimately settles with the taxing authority for less than the full amount claimed by such authority, (ii) the audit implicated other issues in addition to the alleged incorrect calculation or filing provided by Avalara, and (iii) the settlement did not specifically apportion the settlement amounts between the audit issues, the amount to be paid by Avalara under this guarantee will be the percentage of the settlement amount equal to the percentage of the entire settled claim (as such claim existed at the time of settlement) related to the alleged incorrect calculation or filing provided by Avalara.
    4. Avalara will make the guarantee payment to Customer within 30 days of the date that all administrative appeals are exhausted. Avalara may also, in its sole discretion, make the payment at an earlier date, in which case, Avalara's obligations to continue to contest the audit will cease on the date of the payment.
    5. Customer must have a current MyLodgeTax subscription in good standing to be eligible to receive payment under the Accuracy Guarantee.
  17. Disclaimer of Warranties and Limitation of Liability. THE SITES AND THE CONTENT ARE MADE AVAILABLE TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, AVALARA DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. AVALARA SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES THAT ANY GOVERNMENTAL INFORMATION (INCLUDING, BUT NOT LIMITED TO, INFORMATION REGARDING TAX RATES OR THE APPLICABILITY OF CERTAIN TAXES) ARE ACCURATE, CURRENT, OR APPLICABLE TO YOU OR YOUR BUSINESS. THE REMEDIES DESCRIBED IN THIS SECTION ARE YOUR ONLY REMEDIES FOR ANY BREACH OF WARRANTY OR ANY OTHER CLAIM. EXCEPT AS SPECFICALLY SET FORTH IN THE ACCURACY GUARANTEE SECTION ABOVE, AVALARA'S TOTAL LIABILITY ARISING OUT OF THE SITES, WHETHER ON WARRANTIES, CLAIM OF NEGLIGENCE, OR OTHERWISE, SHALL NOT IN ANY CASE EXCEED THE COST PAID BY YOU TO ACCESS THE SITES OR $50, WHICHEVER IS LESS, AND AVALARA SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES.
  18. Links to Third Party Sites. Certain links on the Sites may take you to third-party websites. Avalara provides these links only as a convenience to you and the use by Avalara of such links does not imply any warrant or endorsement of the third party, its products, services or its site.
  19. Applicable Law, Jurisdiction, Venue. The laws of the State of Washington will govern these Site Terms and your use of the Sites, without regard to any conflict of laws provisions that would result in the application of the laws of any other forum. In the event of any dispute relating to or arising out of the Sites, the Content, or these Site Terms, both you and Avalara agree to personal jurisdiction in, and exclusive venue of, the state and federal courts located in King County, Washington.