Last updated: Nov 26, 2024 

Welcome to the Hernest Tax Exemption Program ("HTEP"). Hernest.com provide HTEP to you subject to these HTEP Terms and Conditions ("Agreement"). BY CLICKING TO ACCEPT THIS AGREEMENT, YOU AGREE TO BE BOUND BY ALL TERMS OF THIS AGREEMENT, INCLUDING ALL TERMS INCORPORATED BY REFERENCE. 

1. Requirements for Tax Exemption. To request tax-exempt status in a particular state tax jurisdiction, you must provide us with a tax exemption certificate or other equivalent tax exemption documentation or information acceptable to the relevant tax authority. We reserve the right to reject any request in our sole discretion. If we do not reject your request, then subject to the terms of this Agreement, our systems will be configured to not collect sales or use taxes from you for that jurisdiction for purchases you make via Hernest-operated websites from qualifying sellers (as set forth in Section 4) during the exempt time period set forth in your tax exemption documentation or information.

2. Representations, Warranties and Indemnity. You represent and warrant to us that any tax documentation or information you provide to us is valid and accurately reflects your tax status, and that you will provide updates as needed to ensure the documentation or information remains accurate at all times. All products and services purchased using an account designated with tax-exempt status and shipped to enrolled state tax jurisdictions will not be subject to sales and use tax. You agree to not use your tax-exempt account for the purchase of products or services that are not eligible for tax-exempt status. You further agree that if you do not use the products or services purchased with your tax-exempt account for the purpose for which your tax exemption applies, you will report and pay sales and use taxes directly to the state relating to the products or services to the extent required by law. In order to qualify for exemption, you may be required by law to pay us using your organization’s payment method (e.g., a company credit card) and not a personal payment method (e.g., a personal credit card). To the extent you have a Business Account, you acknowledge that if you, or any business user accounts associated with your Business Account, make tax exempt purchases with a tax exemption certificate associated with the Business Account, that those purchases are made with the tax-exempt organization’s funds. You will comply with such requirement to the extent required by law. You agree to indemnify and hold us harmless for any and all claims relating to your breach of any representation, warranty or obligation set forth in this Section 2.

3. Changes in Status, Termination. We may, in our sole discretion and for any reason, refuse access to HTEP, suspend or revoke your tax configuration for a particular state tax jurisdiction, or terminate your participation in HTEP at any time. If you would like to terminate your participation in HTEP, you may do so by contacting Hernest customer service.

4. Restrictions. HTEP only makes tax-exempt configurations available to customers purchasing products via Hernest-operated websites that are sold by Hernest affiliated entities. In addition, we reserve the right to determine which products are eligible for HTEP tax-exempt configuration. If the purchase entity is left blank on your exemption documentation, it will only apply to any entity participating in HTEP.

5. Additional Jurisdictions. If we begin collecting tax in a new state or local tax jurisdiction, then regardless of any documentation you have provided to us in the past, you must request tax exemption status and provide valid exemption documentation for the new jurisdiction in order for us to consider your request for tax exempt configuration in that jurisdiction.

6. Changes to Agreement. We reserve the right to make changes to this Agreement at any time in our sole discretion. All changes will be effective upon posting the updated Agreement on the Hernest.com website. YOUR CONTINUED USE OF HTEP FOLLOWING OUR POSTING OF THE UPDATED AGREEMENT WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES. If any condition of this Agreement is deemed invalid, void or for any reason unenforceable, that condition will be deemed severable and will not affect the validity or enforceability of any remaining condition.

7. Miscellaneous. In addition to this Agreement, your participation in this program is also subject to the Hernest.com Conditions of Use and Privacy Notice (including without limitation the disclaimer of warranties, limitation of liability, disputes, and applicable law provisions of the Conditions of Use) which are incorporated by reference. To the extent that this Agreement is inconsistent with the Conditions of Use or Privacy Notice, this Agreement will control. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to, and be enforceable against the parties and their respective successors and permitted assigns.