Tax_2014 Terms & Services
Tax_2014- Introduction
- Exclusion Of Warranties
- Your Use And Responsibilities
- No Refund Policy
- Intellectual Property
- Indemnify
- Username, Password, and Security
- Accuracy Of Tax Program
- Acceptance Of Limited Guarantees
- Severability
- Self-Prepared Tax Returns
- Form 8879
- Privacy Policy
- Class Action
- Force Majeure
- Choice Of Law
- We Reserve The Right
1. Introduction
This is a legally binding contract, an online Agreement ("Terms of Service") between you and this site, owned by a New York corporation. This Agreement governs your use of the Tax Program as defined below. Be sure that you completely understand this Agreement. Your use of our Tax Program acknowledges that you have read, understand and agree to be bound by all the terms and conditions of this Agreement. If you do not agree to all of the terms and conditions, you are not permitted to using this website or our products.
This Agreement is of a general application and may be supplemented by additional disclaimers, guidelines, rules, terms or conditions of specific application on any particular page of this Online Tax Program. The Agreement has miscellaneous headings added for ease of use and should have no legal ramifications.
2. Exclusion Of Warranties
Exclusion of Warranties such as accuracy, any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action. We nor any of our employees, agents, partners, successors, assigns, affiliates, website co-branding providers or content or service providers shall be liable to you or other third party for any direct, indirect, incidental, special or consequential damages arising out of use of service or inability to gain access to or use the service or out of any breach of any warranty.
3. Your Use And Responsibilities
We permit you a limited, non-exclusive, non-transferable license to access, display and use the Online Tax Program at or through our online service at our site or a licensed third party website. The Online Tax Program may include your use of the Online Tax Program, used by you to self-prepare or that of your immediate family members. You acknowledge that you are NOT impersonating anyone or any entity, falsely stating or otherwise misrepresenting your affiliation with a person or entity. You agree to review your tax return(s) and related income, deduction and credits, once prepared, for accuracy and completeness prior to submitting your order. You acknowledge that all state tax return are prepared by retrieving the tax information you provided from your federal tax return and that your completely responsible for letting us know on your status page of any special case of income, deduction or credits for your state tax return.
You agree not to modify the Online Tax Return Program or the software in any manner or form, or to use modified versions of the Online Tax Program or the software, including (without limitation) for the purpose of obtaining unauthorized access to the Online Tax Program. You agree not to access the Online Tax Program by any means other than through the HTML interface that is provided by us for use in accessing the Online Tax Program.
4. No Refund Policy
Once you've submitted your order, you acknowledge that you'll be responsible for the fees required by us. A submitted order cannot be cancelled and a refund will not be issued. If you dispute the charge with your credit card company, a copy of your tax return will be sent to them as proof that you used our tax product. If you have a question regarding our products or services, please email us before you place an order.
5. Intellectual Property
We retain the title to the Tax Program, the service and all associated property rights. No right, title or interest in or to any trademark, service mark, logo, trade name or other property of ours or its licensors, or any of their respective subsidiaries or affiliates, is granted to you under this Agreement. We are the owner of the copyright for the Tax Program and we reserve all rights related to such ownership. You may not reverse engineer, rent, sublicense, lease, distribute, copy, establish a hyperlink to, frame within any website, or access the Tax Program or the service for any commercial purpose. You may not access the service, or use the Tax Program, to prepare tax returns for any other person for a fee or other consideration, and you agree to indemnify us for any claims or damages arising out of or relating to any such access or use. We reserves the right to terminate the limited license granted to you hereunder at any time if you fail to comply with any provision of this Agreement and, in such case, you agree to immediately discontinue any use of or access to the Tax Program and the service. Unless earlier terminated or suspended.
6. Indemnify
You agree to indemnify and hold harmless us, its affiliates, subsidiaries and their respective officers, directors, agents, representatives and employees, from and against any and all claims, causes of action, suits or proceedings, judgments, settlements, regulatory proceedings and investigations, liabilities, damages, interest, costs and expenses associated therewith, including, but not limited to reasonable counsel fees arising out of, relating to, or in connection with, data you submit, post to or transmit through the websites, your violation of any rights of any other person in connection with the site, your violation of the property rights of ours or third parties, including amounts expended in pursuing rights under this clause against you. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right to employ separate counsel and assume the exclusive defense and control of any matter subject to indemnification by you.
7. Username, Password, and Security
You may be required to supply to the support team information about yourself, including your username, SSN or e-mail address. In either case, it is your responsibilities to ensure that this and any other information that you provide in order to access the service is accurate and complete. Your account information and Tax Information will be stored by us and linked to your account through use of your password or username intended to be known only by you. You must preserve and protect your password, and not give your password to anyone. If you lose or do not remember your password or sign-on information, you may request a new generated password from the login page; we may be unable to retrieve your account information. If you are using the Tax Program on a public terminal, you must sign out of your account and close your browser to limit others from accessing your tax information and account. Certain browsers may store information on your computer even after you have signed out of your account. We will retain an electronic copy of your Tax Information, including electronic filing details and status, to the extent required by law and as necessary to provide you with supplemental information and service relating to the service or your tax return.
8. Accuracy Of Tax Program
To the maximum extent permitted by applicable law, we do not warrant or promise that the Tax Program refund online is correct (refund accuracy is subject to a final error check), nor will it find all of the deductions to which you may be entitled, that you will report all of the income you are required to report, or that the Tax Program or the service are free from bugs or errors; nor do we make any other warranties, guarantees or promises about the performance, accuracy, or reliability of the Tax Program or the service, or their ability to meet your requirements or expectations. We do not warrant or promise that the Tax Program will identify or correct any or all errors made by you during self-preparation of your tax return. It is your responsibility to complete the input of tax information fully and accurately. Your tax return(s) are subject to evaluation by the IRS, State or other taxing authorities. You may be requested to produce documents, records, or other evidence to substantiate the items of income and deduction shown on a tax return to the IRS, state tax department or us. You acknowledge that we simply acts as an intermediary between you and the Internal Revenue Service, and between you and our service Bank; we cannot guarantee that the IRS or State Tax authority will accept your tax return(s) due to circumstances beyond our control.
9. Acceptance Of Limited Guarantees
You agree that the limited guarantees above are the only remedies that you are entitled to, and we are, its subsidiaries and affiliates will not at any time have any additional obligation or liability for any claim, cause of action or injury that you or any other person may have as a result of your inability to access the service, Online Tax Program or your account information; any inoperability of the service or Online Tax Program or your inability to file a tax return by the filing deadline. In no event will we, its affiliates or subsidiaries be liable to you regardless of the form of action, whether in contract or in tort, strict product liability or otherwise, for any indirect, special, incidental, or consequential damages including, but not limited to, lost date, lost goodwill, lost profits or business, loss of use, or for any claim or demand against you by any other party, even if its damages, loses or expenses. You agree that the essential purposes of this Agreement can be fulfilled even excluding such damages.
10. Severability
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Therefore, the foregoing limitations may not apply to you.
11. Self-Prepared Tax Returns
You acknowledge that efiling is only offered for personal tax returns going back 3 years. All other returns, including business returns have to be signed and mailed to the IRS or state tax department. If you have a question regarding our products, please email us before you place an order.
You can use the online software to self-prepare your tax returns going back to 2000 but can only claim a refund going back 3 years.
12. Form 8879 (Only for eligible tax returns.)
You authorize us to electronically file ("e-file") your income tax return to the Internal Revenue Service (IRS) and/or state tax department. You also understand that certain states may not allow efiling if the state return isn't electronically filed with a federal return, you must submit the tax return using standard paper. You and your spouse (if filing as Married Filing Jointly) authorize us as your ERO firm to enter the PIN you and your spouse (if filing as Married Filing Jointly) provides us as your signature(s) on your federal and state electronically filed income tax return or request for refund.
If you have selected a bank product, you agree that you have double-checked your routing number and account number for correctness. You acknowledge that if either number is wrong your refund will be sent back to the IRS or if sent to the wrong bank/account and in the event that our service bank is unable to retrieve it, you the user will entirely be accountable for what happens to your tax refund.
13. Privacy Policy
You acknowledge receipt of our privacy policy, which is made available on each page of this website.
We reserve the right to periodically change the privacy policy. Such changes will be placed on our website, and you agree to assume responsibility to review any and all privacy notices posted.
14. Class Action
Acknowledge that you will not have the right to participate as a representative or member of any class or claimants pertaining to any claim subject to arbitration, even if such class action is pending on the date of your acceptance of this agreement, except that this arbitration provision will not preclude your participation in a class which as already been certified on the date of your acceptance of this agreement.
15. Force Majeure
We will not be accountable for failure or delay in the performance of this Agreement arising from any of the following: act of God, storms, floods, fires, detonation, or other catastrophes; strikes, lockouts, labor conflict, or epidemic; act of war, riot or revolution, act of a public enemy, terrorism, civil insurrection; government action, including but not limited to laws, regulations, orders, embargoes and which unavoidably and directly prevent performance hereunder; act or failure to act of the other party hereto, or its subcontractors; any other cause beyond our control.
16. Choice Of Law
You acknowledge that the Terms of Use/Agreement shall be governed by the laws of the State of New York, without regard to principles of conflicts of law. Both parties agree that the exclusive jurisdiction of any dispute arising out of, or relating to, this Terms of Use/Agreement or our Tax Program and services provided in connection therewith shall be in the courts located in the county of Queens, State of New York.
17. We Reserve The Right
We reserve the right to modify or discontinue, temporarily or permanently, the term and condition or Online Tax Return Program (or any part thereof) from time to time, for any or no reason and without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Online Tax Return Program. The information and materials contained on the Online Tax Program are subject to change. Your eligibility for particular products and services offered by us, or any of its affiliates or subsidiaries, is subject to final approval and acceptance by us.