Terms & Conditions

1. Who We Are; Professional Status

1.1 The Website markets and describes tax, legal, and related advisory services that may be offered by the Company. All actual professional services are provided only after conflict checks and execution of a separate written engagement agreement signed by you and the Company (the “Engagement Agreement”).

1.2 Website content is for general informational and educational purposes only and does not constitute legal, tax, investment, accounting, or other professional advice. Viewing the Website, submitting information through the Website, or scheduling a consultation does not create an attorney–client, advisor–client, or any fiduciary relationship unless and until an Engagement Agreement is fully executed by all parties.

2. Eligibility and Geographic Scope

2.1 The Website is intended for individuals age 18 or older. By using the Website, you represent you are at least 18 and legally able to enter into these Terms.

2.2 We market services nationwide; however, legal services are provided only by attorneys admitted to practice in the relevant jurisdiction or in association with duly admitted counsel. We may decline or limit services where prohibited by law.

3. Privacy; Data Practices Summary  

3.1 We collect personal information that you provide (for example, name, email, phone number, business details, and information submitted during consultations) to respond to inquiries, qualify leads, perform pre‑engagement assessments, and provide requested information. We also automatically collect device/usage data (for example, IP address, browser type, pages visited) to operate and secure the Website.  

3.2 Detailed disclosures about categories of data, purposes, retention, security, and your choices are provided in our Privacy Policy located at www.heaneyassociates.com/privacy, which is incorporated by reference into these Terms. If any conflict exists, the Privacy Policy controls with respect to privacy and data processing matters.

3.3 Data Security. We maintain reasonable administrative, technical, and physical safeguards designed to protect personal information. No security program is infallible. If legally required to notify you of a data breach, we will do so consistent with applicable law and our Privacy Policy.

4. Your Consent to Communications (Email, Calls, and SMS/Text)  

4.1 By submitting a form, booking a call, requesting information, or otherwise providing your contact information, you consent to receive communications from us (including marketing) via email, telephone calls, and SMS/text messages using any contact details you provide. These may be sent using automated technology (including autodialers or prerecorded messages). Message and data rates may apply. Message frequency: 2 messages per day. You can opt out at any time as follows: for texts, reply STOPTEXTS; for email, click “unsubscribe”; for calls, request to be added to our internal do‑not‑call list.  

4.2 You represent that you are the current subscriber or customary user of the phone number provided and will promptly notify us of any change. Your consent is not a condition of purchase. For assistance with SMS, reply HELP or contact 904-756-9540. Carriers are not liable for delayed or undelivered messages.

5. Electronic Signatures and Records  

5.1 You agree to transact with us electronically and consent to the use of electronic signatures, records, disclosures, and notices in connection with your use of the Website and any Engagement Agreement we may later present through electronic means. You may withdraw consent or request paper copies as set out in our Privacy Policy or as instructed in a particular transaction.

6. Accounts; Portals; Credentials  

6.1 If we enable or provide portals or accounts, you are responsible for maintaining the confidentiality of your login credentials and for all activities occurring under your account. Notify us promptly of any unauthorized use or security breach involving your account.

7. Acceptable Use  

You may not: (a) use the Website or content for unlawful purposes; (b) attempt to gain unauthorized access to systems or data; (c) interfere with Website operation (e.g., via malware, scraping, rate‑limiting circumvention, or denial‑of‑service); (d) use the Website to transmit infringing, defamatory, deceptive, or otherwise unlawful content; (e) misrepresent your identity or affiliation; (f) copy, reproduce, distribute, publicly display, or create derivative works from the Website or content except as expressly permitted in these Terms; or (g) use the Website to provide professional advice to others.

8. Intellectual Property; Limited License  

8.1 The Website, including all text, graphics, logos, videos, case studies, and other materials, is owned by the Company or its licensors and protected by intellectual property laws. Subject to your compliance with these Terms, we grant you a limited, revocable, nonexclusive, nontransferable license to access and use the Website for your personal, internal, noncommercial use.  

8.2 You may print or download reasonable portions of publicly available Website content for personal reference only, provided you do not modify, attribute incorrectly, or remove proprietary notices. All rights not expressly granted are reserved.

9. User Content; Feedback; Reviews

9.1 If you post, upload, or transmit any content to us or the Website (including reviews or testimonials), you grant the Company a worldwide, nonexclusive, royalty‑free license to use, host, reproduce, display, and distribute such content for marketing, quality, and operational purposes, subject to our Privacy Policy and applicable law.

9.2 We may moderate or remove unlawful, abusive, or misleading content, but we do not restrict your ability to provide honest reviews of our services. Any restrictions we apply are solely to remove unlawful or policy‑violating content.

10. Third‑Party Links and Services  

The Website may reference or link to third‑party websites, platforms (e.g., scheduling tools), or resources. We are not responsible for third‑party content, terms, privacy practices, or services. Your use of third‑party sites is at your own risk and subject to their terms and policies.

11. No Professional Advice; No Reliance  

11.1 The Website provides general information and educational materials. It does not substitute for personalized legal, tax, investment, or accounting advice. Decisions involving legal rights, taxes, or financial matters should be made in consultation with qualified professionals under an executed Engagement Agreement.  

11.2 Earnings claims, tax‑savings examples, and case studies are illustrative. Your facts and circumstances determine outcomes; results are not guaranteed.

12. Disclaimer of Warranties  

To the maximum extent permitted by law, the Website and all content are provided “as is” and “as available,” without warranties of any kind, whether express, implied, statutory, or otherwise, including any implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment, or non‑infringement. We do not warrant that the Website will be uninterrupted, secure, or error‑free, or that defects will be corrected.

13. Limitation of Liability  

13.1 To the maximum extent permitted by law, in no event will the Company or its owners, officers, employees, contractors, or agents be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages (including lost profits, revenue, savings, or data), arising out of or relating to your use of or inability to use the Website, even if advised of the possibility of such damages.  

13.2 To the maximum extent permitted by law, our total aggregate liability for any claims arising out of or relating to the Website will not exceed one hundred U.S. dollars (US$100). The foregoing limitations apply regardless of the form of action, whether in contract, tort (including negligence), strict liability, or otherwise.

14. Indemnification  

You agree to defend, indemnify, and hold harmless the Company and its owners, officers, employees, contractors, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from or related to: (a) your breach of these Terms; (b) your misuse of the Website; or (c) your violation of law or third‑party rights.

15. DMCA; Alleged Infringement  

If you believe content on the Website infringes your copyright, you may submit a notice to our designated agent: [email protected], 155 Bartram Market Drive, 135-503, St. John’s, Florida, 32259, [email protected]. Your notice must include information sufficient for us to identify the material and your ownership. We may remove or disable access to content and may terminate repeat infringers as appropriate.

16. Dispute Resolution Binding Arbitration; Class‑Action Waiver

16.1 Informal Resolution. Before filing a claim, you agree to email us at [email protected] with a brief written description of the dispute and your contact information, and give us 30 days to resolve it informally.

16.2 Arbitration Agreement. Except for claims that qualify for small‑claims court or for injunctive relief for misuse of intellectual property or breach of confidentiality, any dispute, claim, or controversy arising out of or relating to the Website or these Terms will be resolved by binding individual arbitration administered by AAA St. John’s County under its applicable rules. The seat of arbitration will be St. John’s County, Florida. The language will be English. Judgment on the award may be entered in any court of competent jurisdiction.

16.3 Class‑Action and Jury Trial Waiver. You and we agree that each may bring claims against the other only in your or our individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. If this waiver is held unenforceable as to any claim, then that claim must proceed in court and not in arbitration.

16.4 30‑Day Opt‑Out. You may opt out of this arbitration agreement by sending written notice to 155 Bartram Market Drive, 135-503 ATTN: LEGAL OPT OUT within 14 days after first accepting these Terms.

17. Governing Law; Venue  

These Terms and any dispute arising from or related to them are governed by the laws of the State of Florida, without regard to conflict‑of‑laws rules. Subject to the arbitration terms above, the exclusive venue for permissible court proceedings will be the state or federal courts located in St. John’s, Florida, and the parties consent to personal jurisdiction there.

18. Changes to the Website or Terms  

We may update the Website or these Terms at any time. Changes are effective when posted unless a later date is stated. Material changes will be highlighted or otherwise brought to your attention. Your continued use of the Website after changes become effective constitutes acceptance of the updated Terms.

19. Assignment  

You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations under these Terms in connection with a merger, acquisition, asset sale, or by operation of law.

20. Severability; Entire Agreement; No Waiver  

If any provision of these Terms is found unenforceable, it will be severed and the remainder will remain in full force. These Terms (and documents incorporated by reference, including the Privacy Policy) constitute the entire agreement between you and us regarding the Website. Our failure to enforce any provision is not a waiver of our rights.

21. Notices; Contact  

Formal notices must be sent to: 155 Bartram Market Drive, 135-503, St. John’s, Florida, 32259 and by email to [email protected]. You consent to receive notices electronically at the email address you provide to us.