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Welcome to avalara.com. Avalara, Inc. and its affiliates (together, “Avalara”) provide website features to you subject to the following conditions. If you visit, read or use any of the content, tools, materials, service, links or other features at avalara.com, you accept these terms of use. Avalara reserves the right to update these terms of use at any time without notice to you. The most current version of these terms of use can be reviewed by clicking on the “Terms of Use” hypertext link located at the bottom of our Web pages.
A.   DESCRIPTION OF SERVICES
Avalara.com provides you with access to a variety of resources, including, but not limited to, the free sales tax rates lookup tool, communication forums, blogs, whitepapers, articles, demos, case studies, training resources and product information (collectively “Services”). The Services, including any updates, modifications or enhancements thereto are subject to these terms of use.
B.   ELECTRONIC COMMUNICATIONS
When you visit avalara.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
C.   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 Services 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 SERVICES AT YOUR OWN RISK AND YOU ACKNOWLEDGE THAT AVALARA CANNOT GUARANTEE THAT ANY DATA AND INFORMATION CONTAINED IN THE SERVICES ARE ACCURATE, CURRENT AND WILL BE UPDATED IN A TIMELY MANNER. 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 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.
D.   PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, the Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Services.
E.   NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS SITE
Any software that is made available to download from the Services (“Software”) is the copyrighted work of Avalara or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, that accompanies or is included with the Software (“License Agreement”). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms. The Software is made available for download solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE EXPRESS TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, AVALARA AND ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING, BUT NOT LIMITED TO, ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
FOR YOUR CONVENIENCE, AVALARA MAY MAKE AVAILABLE AS PART OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE OR DOWNLOAD. AVALARA DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON OR THROUGH THE SERVICES OR IN AVALARA SOFTWARE PRODUCTS.
RESTRICTED RIGHTS LEGEND. Any Software downloaded from the Services for or on behalf of the United States of America, its agencies or instrumentalities (“U.S. Government”), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Avalara, Inc. (www.avalara.com).
F.   NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS SITE
Permission to use documents such as white papers, blogs, articles, press releases, datasheets and FAQs from the Services (collectively, “Documents”) is granted, if: (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear; (2) use of such Documents is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media; and (3) no modifications of any Documents are made. Accredited educational institutions, such as K-12, universities, private/public colleges and state community colleges, may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission. Use for any other purpose is expressly prohibited by law and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
Documents specified above do not include the design or layout of the avalara.com site or any other Avalara owned, operated, licensed or controlled site. Elements of Avalara sites are protected by trade dress, trademark, unfair competition and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Avalara site may be copied or retransmitted unless expressly permitted by Avalara.
AVALARA AND ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED “AS IS,” “WITH ALL FAULTS” AND WITHOUT WARRANTY OF ANY KIND. AVALARA AND ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO ALL DOCUMENTS AND RELATED GRAPHICS, INCLUDING, BUT NOT LIMITED TO, ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL AVALARA AND ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE DOCUMENTS OR THE SERVICES.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO DOCUMENTS AND THE INFORMATION IN AVALARA.COM. AVALARA AND ITS SUPPLIERS MAY MAKE IMPROVEMENTS OR CHANGES IN THE DOCUMENTS, SERVICES AND PRODUCTS OR THE PROGRAMS DESCRIBED IN AVALARA.COM AT ANY TIME, IN ITS SOLE DISCRETION AND WITHOUT NOTICE TO YOU.
G.   NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS SITE
IN NO EVENT SHALL AVALARA AND ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, SERVICES, PROVISION OF OR FAILURE TO PROVIDE SERVICES OR INFORMATION AVAILABLE FROM THE SERVICES OR AVALARA.COM.
H.   ACCOUNT, PASSWORD AND SECURITY
If any of the Services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a username. You are entirely responsible for maintaining the confidentiality of your password, username and other account information. Furthermore, you are entirely responsible for all activities that occur under your account. 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, either with or without your knowledge. However, you could be held liable for losses or damages incurred by Avalara or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.
I.   NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms of use. You may not use the Services in any 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 Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any Avalara server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.
J.   USE OF SERVICES
The Services may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal Web pages, calendars, photo albums, file cabinets or other message or communication facilities designed to enable you to communicate with others (collectively, “Communication Service”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Services, you will not:
•   Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or otherwise).
•   Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
•   Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
•   Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
•   Use any material or information, including images or photographs that are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
•   Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another.
•   Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.
•   Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, or distributed in such manner.
•   Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
•   Restrict or inhibit any other user from using and enjoying the Communication Services.
•   Violate any code of conduct or other guidelines that may be applicable for any particular Communication Service.
•   Harvest or otherwise collect information about others, including e-mail addresses.
•   Violate any applicable laws or regulations.
•   Create a false identity for the purpose of misleading others.
•   Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.
Avalara has no obligation to monitor the Communication Services. However, Avalara reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. Avalara reserves the right to terminate your access to any of the Communication Services at any time, without notice, for any reason whatsoever.
Avalara reserves the right at all times to disclose any information as Avalara deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Avalara’s sole discretion.
Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Service. Avalara does not control or endorse the content, messages or information found in any Communication Service and, therefore, Avalara specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services. Managers and hosts are not authorized Avalara spokespersons and their views do not necessarily reflect those of Avalara.
Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction or dissemination. You are responsible for adhering to such limitations if you download the materials.
K.   MATERIALS PROVIDED TO AVALARA OR POSTED AT ANY AVALARA SITE
Avalara does not claim ownership of the materials you provide to Avalara (including feedback and suggestions) or post, upload, input or submit to any Service or its associated services for review by the general public, or by the members of any public or private community (collectively, “Submission”). However, by posting, uploading, inputting, providing or submitting (“Posting”) your Submission you are granting Avalara and necessary sublicensees a perpetual, worldwide, royalty-free, irrevocable, transferable, sublicenseable right to use your Submission in connection with the operation of their Internet businesses, including, without limitation, the license rights to: (1) copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; (2) publish your name in connection with your Submission; and (3) sublicense such rights to any supplier of the Services.
No compensation will be paid to you with respect to the use of your Submission, as provided herein. Avalara is under no obligation to post or use any Submission you may provide and Avalara may remove any Submission at any time in its sole discretion.
By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these terms of use, including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
In addition to the warranty and representation set forth above, by Posting a Submission that contain images, photographs, pictures or that are otherwise graphical in whole or in part (collectively, “Images”), you warrant and represent that: (a) you are the copyright owner of such Images or that the copyright owner of such Images has granted you permission to use such Images or any content or images contained in such Images consistent with the manner and purpose of your use and as otherwise permitted by these terms of use and the Services; (b) you have the rights necessary to grant the licenses and sublicenses described in these terms of use; and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these terms of use, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images. By Posting Images, you are granting (i) to all members of your private community (for each such Images available to members of such private community), and (ii) to the general public (for each such Images available anywhere on the Services other than a private community), permission to use your Images in connection with the use, as permitted by these terms of use, of any of the Services (including, by way of example, and not as a limitation, making prints and gift items that include such Images), and including, without limitation, a non-exclusive, worldwide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Images without having your name attached to such Images and the right to sublicense such rights to any supplier of the Services. The licenses granted in the preceding sentences for Images will terminate at the time you completely remove such Images from the Services, except that such termination shall not affect any licenses granted in connection with such Images prior to the time you completely remove such Images. No compensation will be paid to you with respect to the use of your Images.
L.   LINKS TO THIRD PARTY SITES
THE LINKS IN AVALARA.COM OR ANY AVALARA SITE WILL LET YOU LEAVE SUCH SITES. THE LINKED SITES ARE NOT UNDER THE CONTROL OF AVALARA AND AVALARA IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. AVALARA IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. AVALARA IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY AVALARA OF THE SITE.
M.   UNSOLICITED IDEA SUBMISSION POLICY
Avalara or any of its employees do not accept or consider unsolicited ideas, including, but not limited to, ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans or new product names. Please do not send Avalara any original creative artwork, writings, samples, demos, or other works (collectively, “Works”). The sole purpose of this policy is to avoid potential misunderstandings or disputes when Avalara’s products or marketing strategies might seem similar to ideas or Works submitted to Avalara. So, please do not send your unsolicited ideas and Works to Avalara or anyone at Avalara. If, despite our request that you not send us your ideas and Works, you still send them, please understand that Avalara makes no assurances that your ideas and Works will be treated as confidential or proprietary.
N.   APPLICABLE LAW
By visiting avalara.com or any Avalara site, you agree that the laws of the state of Washington, without regard to principles of conflict of laws, will govern these terms of use and any dispute of any sort that might arise between you and Avalara.
O.   COPYRIGHT
All content included on avalara.com and any Avalara site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Avalara or its content suppliers and protected by United States and international copyright laws. The compilation of all content on avalara.com and any Avalara site is the exclusive property of Avalara and protected by U.S. and international copyright laws. All software used on avalara.com and any Avalara site is the property of Avalara or its software suppliers and protected by United States and international copyright laws.
COPYRIGHT NOTICE: © 2014 Avalara, Inc. All rights reserved.
P.   NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Avalara’s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Avalara that your copyrighted material has been infringed. 
•   An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; 
•   A description of the copyrighted work that you claim has been infringed upon;
•   A description of where the material that you claim is infringing is located on the site; 
•   Your address, telephone number, and e-mail address; 
•   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; 
•   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: 

Avalara, Inc.
Attention: Legal 
100 Ravine Lane NE Suite 220
Bainbridge Island, WA 98110
Phone: (877) 780-4848
E-mail: legal@avalara.com