Terms of Service
Published by Wessels Tax Advisors LLC, a Massachusetts limited liability company doing business as Wessels Realty & Tax Advisors. These Terms apply to wrtadvisors.com, w2taxcut.com, and northeast1031.com.
1. Acceptance
By accessing wrtadvisors.com, w2taxcut.com, or northeast1031.com (the “Sites”), you agree to these Terms. The Sites are published by Wessels Tax Advisors LLC, a Massachusetts limited liability company doing business as Wessels Realty & Tax Advisors (“the Company,” “we,” “us”). In these Terms, “the Services” means the Sites and the information, guides, calculators, and forms made available through them. If you do not agree, please do not use the Sites.
IF YOU DO NOT AGREE WITH THESE TERMS, YOU SHOULD NOT ACCEPT THEM, IN WHICH CASE YOU DO NOT HAVE THE RIGHT TO USE THE SITES.
2. The Sites are informational
Everything on the Sites is general information about tax, real estate, and construction topics. It is not tax, legal, accounting, or investment advice, and it is not an opinion on which you may rely. Tax results depend on facts we have not seen and on rules that change. Nothing on the Sites creates an accountant-client, broker-client, or attorney-client relationship.
3. No engagement without a signed letter
We become your advisor, preparer, or broker only when both parties sign a written engagement letter or agreement describing the scope, the fee, and the responsibilities of each side. Submitting a form, downloading a guide, booking a call, or exchanging email does not create an engagement. Where a signed engagement letter exists and conflicts with these Terms, the engagement letter controls.
4. Accuracy
The Company has tried to ensure that all information on the Sites has been evaluated for accuracy when it is submitted. We cannot guarantee that your computer monitor’s display of any color will be accurate. The Company makes no guarantees regarding the results you see from using the information provided on the Sites. The Company makes no guarantees regarding results, present or future. The information provided on the Sites is provided “as is,” with no representations or warranties, express or implied.
5. Your Responsibilities; Use of the Services In Compliance With Laws
You are solely responsible for ensuring compliance with all laws and regulations. Without limiting the foregoing, you will comply with all local, state, federal, and foreign laws (including laws regarding privacy and protection of personal or consumer information) in using the Services.
6. Calculators and estimates
The Sites include calculators and estimators that produce illustrative ranges from the inputs you supply and from simplifying assumptions stated alongside them. They are educational tools. They do not reflect your actual facts, they are not a promise of any result, and they should not be relied on in deciding whether to buy, sell, renovate, or restructure anything. Your actual outcome depends on facts a calculator cannot see.
7. Fees
Our fees are flat and quoted in advance for a defined scope. We do not charge fees calculated as a percentage of tax savings or refunds. Fees for diagnostic work are earned when the work is performed, and may be credited toward a subsequent engagement where the engagement letter says so.
8. Professional standards and no guarantee
Tax services are provided by a Massachusetts-licensed Certified Public Accountant and are subject to applicable professional standards, including Treasury Department Circular 230. No tax position, deduction, refund, deferral, or outcome is ever guaranteed. Where the facts do not support a position, we will say so.
9. Real estate and construction services
Real-estate services are provided by Matt Wessels, a licensed real-estate salesperson in Massachusetts and New Hampshire. Massachusetts brokerage services are offered through Profitable Properties Boston LLC, a licensed Massachusetts real estate broker. New Hampshire brokerage services are offered through Greenwald Realty Group. Construction and construction-management services are performed under a Massachusetts Construction Supervisor License, are contracted separately, and are never a condition of any tax recommendation. Transactions outside Massachusetts and New Hampshire are referred to a licensed brokerage in the relevant state.
10. Your Restrictions
You may not (i) disassemble, reverse engineer, decompile or otherwise attempt to decipher any code with the Services, or modify, adapt, create derivate works based on, or translate the Services; (ii) license, sublicense, sell, rent, assign, distribute, time share transfer, lease, loan, resell for profit, distribute, or otherwise commercially exploit, grant rights in or make the Services or any content offered available to any third-party; (iii) use the Services except as allowed under these Terms of Service or in violation of any laws; (iv) engage in any illegal or deceptive trade practices regarding the Services; (v) get around or disable any security or other technical features or measures of the Services or any other part of the Sites or attempt to gain unauthorized access to the Services or its related computer systems or networks; (vi) use the Services to transmit infringing, libelous, obscene, threatening, or otherwise unlawful, unsafe, malicious, abusive or tortious material, or to store or transmit material in violation of third-party privacy rights; (vii) use the Services to store or transmit any viruses, worms, time bombs, Trojan horses and other harmful or malicious code, files, scripts, agents or programs or to send spam or otherwise duplicative or unsolicited messages in violation of laws; (viii) interfere with or disrupt the integrity or performance of the Services or third-party data contained; (ix) use any robot, spider, or other automated device, process or means to access, retrieve, scrape or index any part of the Services; or (x) reformat or frame any part of the Services. Although we do not have to monitor your use of the Services, we may do so at our discretion and may prohibit any use of the Services we believe may be (or is alleged to be) in violation of these Terms of Service or applicable laws and regulations. Our enforcement of these Terms regarding the content is at our discretion, and failure to enforce the Terms in one instance does not create a waiver of our right to enforce them.
11. Intellectual property
The content of the Sites, including text, guides, e-books, worksheets, calculators, and design, is owned by us or our licensors and protected by copyright and other laws. We grant you a personal, non-commercial license to view and download materials we make available. You may not republish, resell, or redistribute them without written permission.
12. Third-party services and links
The Sites link to and embed services we do not control, including scheduling and form tools. We are not responsible for their content, availability, or practices.
13. Text messages
If you opt in, message frequency varies, message and data rates may apply, you may reply STOP to opt out or HELP for help, and consent is not a condition of purchase. See our Privacy Policy for how we handle mobile information.
14. Disclaimer of warranties
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, IN LAW OR FROM A COURSE OF DEALING OR USE OF TRADE, AS TO ANY MATTER, INCLUDING THOSE OF MERCHANTABILITY, SATISFACTORY QUALITY, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SERVICES WILL MEET ALL OF YOUR REQUIREMENTS OR THAT THE USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” BASIS AND YOUR USE OF THE SERVICES IS AT YOUR OWN RISK, INCLUDING, WITHOUT LIMITATION, COMPLIANCE WITH ANY LAWS, RULES, OR REGULATIONS. THE PARTIES EXPRESSLY ACKNOWLEDGE THAT THE DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT. WE EXPRESSLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS, RULES, OR REGULATIONS. THIS DISCLAIMER APPLIES TO BUT IS NOT LIMITED TO ANY FEDERAL OR STATE STATUTES OR REGULATIONS THAT MAY BE APPLICABLE TO YOU. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE SERVICES IS IN ACCORDANCE WITH APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE SERVICES OR THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE SERVICES.
15. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY, ITS OFFICERS, DIRECTORS, MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, OR AGENTS WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING ANY DAMAGES RESULTING FROM (1) ERRORS, MISTAKES, OR INACCURACIES OF OR IN ANY CONTENT; (2) ANY PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO YOUR USE OF THE COMPANY SERVICES; (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY PERSONAL INFORMATION AND/OR OTHER INFORMATION STORED; (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE COMPANY SERVICES; (5) THE USE OR DISPLAY OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE PROVIDED VIA THE COMPANY SERVICES; (6) EVENTS BEYOND THE REASONABLE CONTROL OF COMPANY, INCLUDING ANY INTERNET FAILURES, EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EARTHQUAKES, EXPLOSIONS, ACTS OF GOD, WAR, TERRORISM, GOVERNMENTAL ACTIONS, ORDERS OF COURTS, AGENCIES OR TRIBUNALS OR NON-PERFORMANCE OF THIRD PARTIES; AND/OR (7) LOSS OF USE, DATA, PROFITS, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM THE USE OR THE INABILITY TO USE ANY OF COMPANY SERVICES. YOU ACKNOWLEDGE THESE LIMITATIONS OF LIABILITY ARE AGREED ALLOCATIONS OF RISK CONSTITUTING IN PART THE CONSIDERATION FOR THE COMPANY’S SERVICES TO YOU, AND THE LIMITATIONS WILL APPLY EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF THE LIABILITIES.
16. Indemnification
You will indemnify Company against all claims and expenses, including reasonable attorney’s fees, due to your uses for which no release was requested in writing from Company or for your uses which exceed authority granted by a release by Company. You further agree to defend, indemnify, and hold harmless the Company, its officers, directors, shareholders, employees, affiliates, and agents, against any claims, damages, obligations, losses, liabilities, costs, debt, and expenses (including attorneys’ fees) arising from: (i) your violation of these Terms; (ii) your violation of any third-party right, or your use of the Company Services, including, without limitation, Company Services’ actions for your benefit; (iii) any issue Company was not aware of. You agree that regardless of any third-party services that may be offered to you, Company merely acts as an intermediary between you and the third party and does not endorse the services or will be responsible or liable for that. The company will not be a party to or monitor any interaction or transaction between you and any third-party services. Any use of third-party services is solely at your own risk and responsibility and may be subject to the legal and financial terms that govern the services.
17. Release
Our liability for any claims, injuries, loss, harm, and/or damages related to your interactions and the acts and/or omissions, whether online or offline, is limited to the amounts and obligations in these terms. You acknowledge that, except to the extent we have liability under any guarantee, your use of this site is at your sole and exclusive risk.
18. Data Protection
You will comply with all privacy, data protection, anti-spam, and other laws, rules, regulations, and guidelines relating to the protection, collection, use, and distribution of Personally Identifiable Information (as defined below) of any person as detailed in the Privacy Policy. If required by data protection legislation or other law or regulation, you will inform third parties you are providing their Personally Identifiable Information to us for processing and will make sure any required third parties have given their consent to the disclosure and processing. “Personally Identifiable Information” means any information that can be associated with or traced to any individual, including an individual’s name, address, telephone number, e-mail address, credit card information, social security number, or other similar specific information, despite the media on which the information is stored (e.g., on paper or electronically).
19. Force Majeure
If we cannot carry out, either in whole or in part, its obligations, we will not be deemed in default during the continuation of the inability, provided that: (i) It is due to an event not within the reasonable control of us which precludes them from carrying out its obligations under this Agreement, including, but not limited to: Acts of God, acts of nature, natural disasters, epidemics, quarantines, public health emergencies, product shortages, transportation shortages, strikes, lock-outs, industrial disturbances, acts of public enemies, insurrections, military action, war, sabotage, riots, civil disturbances, explosions, acts by a governmental authority; (ii) We will provide written notice describing the particulars of the occurrence and the anticipated period of delay; (iii) The suspension of performance is of no greater scope and no longer duration than is reasonably required; (iv) If an event continues over 30 days, we may terminate our obligation.
20. Governing law and venue
These Terms are governed by the laws of the Commonwealth of Massachusetts, without regard to its conflict-of-laws rules. Any action arising out of these Terms will be brought in the state or federal courts located in Middlesex County, Massachusetts, and you consent to their jurisdiction. The Parties will try to resolve any dispute arising out of or relating to the Terms through friendly negotiations between the Parties at least three times. If that fails, then the dispute will be submitted to mediation under any statutory rules of mediation in Massachusetts. The Parties agree that they may go directly to small claims court if the subject matter and the amount in controversy are proper for that venue.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM (WHETHER BASED ON CONTRACT, TORT, OR OTHERWISE) ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY.
21. Severability
If any provision of these Terms of Service is deemed invalid, then that provision will be limited or eliminated by the court to the minimum extent necessary, and the remaining provisions of these Terms of Service will remain in full force and effect.
22. Changes
We may revise these Terms. Continued use of the Sites after a revision means you accept it.
23. Contact
Wessels Tax Advisors LLC d/b/a Wessels Realty & Tax Advisors · 53 Aaron Street, Melrose, MA 02176 · matt@wrtadvisors.com · (617) 648-7413