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Use
Agreement
About
This Agreement . . .
The
purpose of this Agreement is to set out the rules and responsibilities which
govern the use of #1 Discount Tax Return Service's on-line tax preparation
software and services which are provided through this web site. If you have any
questions about any of the provisions of this Agreement, be sure to ask about
them before you indicate your unconditional acceptance. Once you've clicked the
"I Accept" button at the end of this Agreement, you'll be legally
bound by the following terms and conditions.
1.
Agreement. By indicating your acceptance at the end of this Agreement,
you are entering into a legal agreement with #1 Discount Tax Return Service, LLC, which
contains all of the terms and conditions below and governs your use of the
on-line tax preparation software and services, including electronic filing
services.
2.
Definitions. As used in this Agreement, "#1 Discount Tax Return Service,
LLC" refers to #1 Discount Tax Return Service, LLC, its software, services, or web
site. "You", "your", or "user" refers to any
person who uses #1 Discount Tax Return Service, LLC software or services, who has
provided #1 Discount Tax Return Service, LLC with the necessary information to
electronically file or print out their tax return, and who has indicated their
acceptance of the terms and conditions of this Agreement.
3.
Services Provided. Subject to the conditions and limitations in this
Agreement, and after valid acceptance and registration, #1 Discount Tax Return Service,
LLC will provide you with access to its web site for the purpose of preparing
and printing or electronically filing a single or joint tax return for the tax
year ending December 31, 2007. You may also purchase additional services for a
fee which will also be subject to the conditions and limitations in this
Agreement (collectively, the "Services"). The payment of all fees and
charges to #1 Discount Tax Return Service, LLC must be made by your valid credit or
charge card and, except as otherwise provided herein, all fees and charges are
non-refundable.
4.
Use of Services. In order to use the Services provided by #1 Discount Tax Return Service, LLC, you must register and receive a user identification number and
password. You are the only person authorized to use your user identification and
password, and any use by others is strictly prohibited. It is your sole
responsibility to maintain the confidentiality of your password and your tax
data and information.
The
collection and entry of any and all necessary tax data and information and the
preparation of your tax return is your sole responsibility. #1 Discount Tax Return Service, LLC specifically disclaims any responsibility or liability for damages
or claims relating to the accuracy or sufficiency of any data or information
used in the preparation of your tax return.
Although
#1 Discount Tax Return Service, LLC has made every reasonable effort to assure the
security of its site, it cannot guarantee the security of any data or
information entered by you during your use of the Services. #1 Discount Tax Return Service, LLC specifically disclaims any responsibility or liability for damages
or claims relating to the compromise or loss of your data. Except to the extent
required by applicable law, #1 Discount Tax Return Service, LLC has no obligation to
store or maintain any data or information you enter. If you wish to save your
data, you must print or save a copy of your tax return for you records.
5.
Electronic Filing Services. Returns which are filed electronically will be
converted to standardized format and transmitted to the appropriate Internal
Revenue Service Office. However, #1 Discount Tax Return Service, LLC cannot guarantee the
acceptance of your return by the IRS due to any circumstances beyond it's
control, such as incorrect data or information, or a failure of the IRS system.
You are solely responsible for verifying the status of your return to confirm
that it has been received and accepted by the IRS and, if necessary, for filing
it manually. As an additional method for detecting fraud in tax information
transmitted via the Internet, the Internal Revenue Service (IRS) requires all
electronic filing services to notify it in connection with the electronic filing
of your tax return of the Internet Protocol (IP) address of the computer from
which the return originated and whether the e-mail address of the person
electronically filing the return has been collected. By using this system to
prepare and submit your tax return, you consent to the disclosure to the IRS and
any other tax or revenue authority of all information pertaining to your use of
the Services.
6.
Restrictions on Use or Reproduction. The Services shall only be used for the
preparation of your individual or joint tax return. Any use for the preparation
of tax returns, schedules or worksheets on a multiple or professional basis is
strictly prohibited, and #1 Discount Tax Return Service, LLC specifically disclaims any
responsibility or liability for damages or claims relating to any use of the
Services on a professional basis. With the exception of your single or joint tax
return, no material from #1 Discount Tax Return Service's site, whether in human or machine
readable form, shall be copied, reproduced, republished, uploaded, posted,
transmitted, or distributed in any way by you or any user without #1 Discount
Tax Return's prior written agreement and the payment of applicable fees.
7.
Guarantees. Any registered user who is dissatisfied with the Services, and
who has NOT yet submitted or printed their tax return, may immediately
stop using the Services and contact #1 Discount Tax Return Service, LLC within thirty
(30) days for a full refund of any fees paid by the registered user for use of
the Services. #1 Discount Tax Return Service, LLC and any of its Affiliates' sole and
entire liability and a registered user's exclusive remedy shall be the
discontinuance of use of the Services and a refund of any fees paid. Once the
refund is issued, the registered user has 6 months to collect the refund
otherwise it reverts back to #1 Discount Tax Return Service, LLC.
8.
Limited Warranty for Registered Users. #1 Discount Tax Return Service, LLC warrants
only to its registered users the accuracy of the calculations on every form
validly prepared using the Services. If a registered user pays an IRS penalty
and/or interest solely because of a calculation error on a form prepared using
the final version of the Services and not as a result of, among other things,
your failure to enter all required information accurately, your willful or
fraudulent omission or inclusion of information on your tax return, your
misclassification of information on your tax return, then #1 Discount Tax Return Service,
LLC will pay to you the original assessment amount of the IRS penalty and/or
interest paid by you to the IRS. If you believe such a calculation error
occurred and you have complied with the foregoing conditions, you must notify #1 Discount Tax Return Service, LLC in writing as you learn of the mistake (and in no event
later than 30 days after the penalty is assessed). You must include a copy of
the IRS notice, a copy of the applicable hardcopy tax return, your user
identification and password and, if available, a diskette with the applicable
tax return data file on it. In any event, the filing of such a claim shall
constitute your authorization for #1 Discount Tax Return Service, LLC to obtain and
review any data files that may be in it's possession or control in order to
evaluate your claim.
9.
DISCLAIMER OF WARRANTIES Except as expressly provided above, the Services
are provided "as-is" and, to the maximum extent permitted by
applicable law, #1 Discount Tax Return Service, LLC and its licensors, advertisers,
web-link providers, affiliates or suppliers (collectively, the
"Affiliates") disclaim all other warranties, express or implied,
regarding the Services and their related materials, including their fitness for
a particular purpose, their quality, their merchantability, or their
non-infringement. #1 Discount Tax Return Service, LLC does not warrant that the Services
are free from bugs, interruptions, errors, or other program limitations. #1 Discount Tax Return Service, LLC does not warrant that this site, or the server that makes it
available, is free of viruses or other harmful components. Some states do not
allow the exclusion of implied warranties, so the above exclusions may not apply
to you. In that event, any implied warranties are limited in duration to 60 days
from the date of use or purchase of the Services. However, some states do not
allow limitations on how long an implied warranty lasts, so the above limitation
may not apply to you. This warranty gives you specific legal rights, and you may
have other rights that vary from state to state.
Since
tax laws and regulations change frequently and their application can vary widely
based upon the specific facts and circumstances involved, #1 Discount Tax Return Service,
LLC specifically disclaims any responsibility for the accuracy or adequacy of
any positions taken by users in their tax returns. Users are responsible for and
strongly urged to consult their own professional tax advisors concerning their
specific tax circumstances.
All
warranties or guarantees given or made by #1 Discount Tax Return Service, LLC or any
Affiliate with respect to the Services (1) are for the benefit of the registered
user of the Services only and are not transferable, and (2) shall be null and
void if you breach any terms or conditions of this Agreement.
10.
Limitation of Liability and Damages. You acknowledge that the operation and
availability of the communications systems used for accessing and interacting
with the Services (e.g., the public telephone, computer networks and the
Internet) or to transmit information to the taxing authorities can be
unpredictable and may, from time to time, interfere with or prevent access to
Services or their operation. #1 Discount Tax Return Service, LLC is not in any way
responsible for any such interference with or prevention of your use of or
access to Services.
Except
to the extent of the limited warranty (of calculation accuracy) described above,
the entire liability of #1 Discount Tax Return Service, LLC and its Affiliates for any
reason shall be limited to the amount paid by you for the Services. To the
maximum extent permitted by applicable law, #1 Discount Tax Return Service, LLC and its
Affiliates are not liable for any indirect, special, incidental, or
consequential damages (including damages for loss of business, loss of profits
or investment, or the like), whether based on breach of contract, breach of
warranty, tort (including negligence), product liability or otherwise, even if #1 Discount Tax Return Service, LLC and its Affiliates have been advised of the
possibility of such damages and even if a remedy set forth herein is found to
have failed of its essential purpose. Some states do not allow the limitation
and/or exclusion of liability for incidental or consequential damages, so the
above limitation or exclusion may not apply to you.
The
limitations of damages or liability set forth in this Agreement are fundamental
elements of the basis of the bargain between #1 Discount Tax Return Service, LLC and you.
You acknowledge and agree that #1 Discount Tax Return Service, LLC would not be able to
provide the Services without such limitations.
11.
Miscellaneous Provisions. THIS AGREEMENT SHALL BE GOVERNED AND CONSTRUED IN
ACCORDANCE WITH THE LAWS OF THE STATE OF NEVADA AND THE UNITED STATES OF
AMERICA, WITHOUT REGARD TO ANY CONFLICT OF LAW PRINCIPLES. Venue for any action
hereunder shall be in the courts of King County, Washington. #1 Discount Tax Return Service, LLC shall have the right to immediately terminate your access to or use
of the Services in the event of any activities which are in breach of this
Agreement or conduct which, in it’s judgment, interferes with the operation or
use of the Services (e.g., excessive usage of the Services which disrupts the
use of the Services by other users). Termination of this Agreement automatically
terminates your license and authorization to use and/or access Services and any
content or other material contained therein.
This
Agreement (including any related content on the Services, such as the
introductory and welcome pages, which by this reference are incorporated herein)
set forth #1 Discount Tax Return Service, LLC and its Affiliates' entire liability and
your exclusive remedy with respect to the Services, and is a complete statement
of the agreement between you and #1 Discount Tax Return Service, LLC. This Agreement does
not limit any rights that #1 Discount Tax Return Service, LLC may have under trade
secret, copyright, patent or other laws. The employees of #1 Discount Tax Return Service,
LLC and its Affiliates are not authorized to make modifications to this
Agreement, or to make any additional representations, commitments, or warranties
binding on #1 Discount Tax Return Service, LLC, except in a writing signed by an
authorized officer of #1 Discount Tax Return Service, LLC. If any provision of this
Agreement is invalid or unenforceable under applicable law, then it shall be, to
that extent, deemed omitted and the remaining provisions will continue in full
force and effect.
Copyright
© 2000-2008 #1 Discount Tax Return Service, LLC. All rights reserved
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