LIMITED LICENSE AGREEMENT AND LIMITED WARRANTY
This agreement governs your use of TaxAct, Inc.'s ("TaxAct") online tax return preparation product (including its related user instructions and content) and, if selected by you, TaxAct's electronic filing services (collectively, the "Services").
You may not use the Services until you have read this agreement. By using the Services, you indicate your unconditional acceptance of this agreement. If you do not accept this agreement, you must terminate your use of the Services.
As used in this agreement, the terms "you", "your" or "user" are synonymous, and refer to the person using the Services in any way. A "registered user" is a user from whom TaxAct has received the information necessary to permit such person to print or electronically file a tax return prepared using the Services and who complies with the terms and conditions of this agreement.
Permitted Uses and Restrictions on Use
Subject to this agreement, you are granted permission to use the Services to prepare one valid and complete tax return per applicable service fee paid and, after proper registration and any applicable payment, to file electronically and/or print such tax return. You may not use the Services to prepare tax returns, schedules or worksheets on a professional basis (i.e., for a preparers or other fee for tax preparation services). Notwithstanding anything in this agreement, TaxAct has no responsibility or liability for damages or claims relating to your use of the Services on a professional basis.
You may not copy, reproduce, republish, upload, post, transmit, or distribute any material from this site without TaxAct's written permission. Modification or use of materials on the site for any purpose other than those permitted in this agreement is a violation of TaxAct's copyright, trademark and trade secret rights.
You agree to review your tax return for indications of obvious errors prior to electronically filing or printing your return. You are also responsible for acquiring and maintaining all equipment, computers, software and communications services (such as long distance phone charges) relating to the access and use of the Services, and for all expenses relating thereto (plus applicable taxes). You must use your valid credit or charge card to pay all fees and charges related to the Services and, except as otherwise provided herein, all fees and charges are non-refundable.
Security and Data Storage
You are the only person authorized to use your user identification and password, and you shall not permit or allow other persons to have access to or use the same. You are responsible for the use of the Services under your user identification number, and for maintaining the confidentiality of your user identification and password. Although TaxAct has taken significant measures to ensure the security of information submitted by you when using the Services, TaxAct cannot guarantee the security of information collected during your use of the Services and is not liable in any way for any compromise of your data. Except to the extent required by applicable law, TaxAct has no obligation to store or maintain any information you provide to it, and you agree to print or save a copy of your tax return for your records.
Electronic Filing Services
If you choose to file your return electronically, your tax return will be forwarded to TaxAct's Electronic Filing Center, where it will be converted to and stored in a standardized format and, then, transmitted to the applicable federal or state taxing authority. TaxAct cannot guarantee that the taxing authority will accept your return due to circumstances beyond TaxAct's control (e.g., incorrect user information, malfunction of the taxing authority's system, etc.). You are responsible for verifying the status of your return to confirm that it has been received and accepted by the applicable taxing authority and, if necessary, for filing it manually. The Internal Revenue Service (IRS) requires TaxAct to provide notification of your electronic filing of your tax return, of the Internet Protocol (IP) address of the computer from which your return originated, and of whether your email address was 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.
TaxAct currently expects to make the Services available until October 15th of the current tax year. However, TaxAct has the right at any time and for any reason to modify or discontinue any aspect or feature of the Services, including but not limited to its content, functionality or hours of availability, the equipment needed for its access or use, or its pricing. TaxAct is not responsible for the late filing of your tax return due to such discontinuation of Services, and you acknowledge that you should file your tax return as early as possible to meet any filing deadlines. In addition, TaxAct reserves the right, at any time, to change the terms of this agreement by publishing notice of such changes on its Internet site. Any use of the Services by you after TaxAct's publication of any such changes shall constitute your acceptance of this agreement as modified. You agree that TaxAct is permitted to access and use any tax return and other information provided by you to perform the Services and, if necessary, to access such information to obtain contact information in order to provide notifications relating to the Services to you.
Satisfaction Guaranteed for Registered Users
If you are dissatisfied with the Services prior to completing the billing steps within the program, your exclusive remedy is to immediately discontinue using the Services. If you completed the billing steps after calling in to our support center and your return was rejected by the IRS and you cannot re-file, it is your responsibility to contact TaxAct's Customer Service Department within 30 days of the original billing date to request a full refund of the fees paid. If your return was printed, TaxAct will not issue a refund. You must reference the SSN (Social Security Number) associated with the billing transaction when requesting a refund of services to ensure proper identification.
Limited Warranty for Registered Users
TaxAct warrants the accuracy of its calculations to registered users of its Free, Basic, Plus, and Premium products. If you are a registered user of the Free, Basic, Plus, or Premium product and you pay an IRS penalty solely because of a calculation error within the product 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, or your failure to file an amended return to avoid or reduce your penalty after TaxAct has announced updates or corrections to its products, then TaxAct will pay to you the original assessment amount of the IRS penalty paid by you to the IRS. You can check TaxAct's web site for updated information on the Services (www.taxact.com/support). In this regard, you are responsible for keeping TaxAct apprised promptly of any change in your email so that notices of such updates or corrections can be provided by TaxAct. If you believe such a calculation error occurred and you have complied with the above conditions, please notify TaxAct in writing at TaxAct, Inc., Customer Support, 1425 60th Street NE, Cedar Rapids, IA 52402 as soon 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. Your filing of such a claim shall constitute your authorization for TaxAct to obtain and review any data files that may be in TaxAct's possession or control in order to evaluate your claim. You are responsible for paying any additional tax liability you may owe, and providing assistance and additional information as reasonably requested by TaxAct.
DISCLAIMER OF WARRANTIES
EXCEPT AS EXPRESSLY PROVIDED ABOVE, THESE SERVICES ARE PROVIDED AS IS AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TAXACT AND ITS AGENTS, ASSIGNS, LICENSORS, DISTRIBUTORS, ADVERTISERS, WEB-LINK PROVIDERS, DEALERS OR SUPPLIERS (COLLECTIVELY, THE "PARTICIPATING PARTIES") 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. TAXACT DOES NOT WARRANT THAT THE SERVICES ARE FREE FROM BUGS, INTERRUPTIONS, ERRORS, OR OTHER PROGRAM LIMITATIONS. TAXACT DOES NOT WARRANT THAT THIS SITE, OR THE SERVER THAT MAKES IT AVAILABLE, IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TAXACT DOES NOT WARRANT THAT THE SERVICES WILL BE AVAILABLE 24 HOURS PER DAY, SEVEN DAYS PER WEEK. YOU (AND NOT TAXACT) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION OF PROBLEMS CAUSED BY 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 SUCH EVENT, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO 60 DAYS FROM THE DATE OF 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. TAX LAWS AND REGULATIONS CHANGE FREQUENTLY AND THEIR APPLICATION CAN VARY WIDELY BASED UPON THE SPECIFIC FACTS AND CIRCUMSTANCES INVOLVED. USERS ARE RESPONSIBLE FOR CONSULTING WITH THEIR OWN PROFESSIONAL TAX ADVISORS CONCERNING THEIR SPECIFIC TAX CIRCUMSTANCES. TAXACT DISCLAIMS ANY RESPONSIBILITY FOR THE VALIDITY, ACCURACY, OR ADEQUACY OF ANY POSITIONS TAKEN BY USERS IN THEIR TAX RETURNS. All warranties or guarantees given or made by TaxAct 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.
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. TaxAct 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 (for calculation accuracy) described above, the entire liability of TaxAct and its Participating Parties for any reason shall be limited to the amount paid by you for the Services licensed from TaxAct. To the maximum extent permitted by applicable law, TaxAct and its Participating Parties 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 TaxAct or its Participating Parties 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 you and TaxAct. You acknowledge and agree that TaxAct would not be able to provide this product on an economic basis without such limitations.
TaxAct shall have the right to immediately terminate your access to or use of the Services in the event of any activities which breach this agreement or conduct which, in TaxAct'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 the 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) sets forth TaxAct's and its Participating Parties' entire liability and your exclusive remedy with respect to the Services, and is a complete statement of the agreement between you and TaxAct. This agreement does not limit any rights that TaxAct may have under trade secret, trademark, copyright, patent or other laws. The employees of TaxAct and its Participating Parties are not authorized to make modifications to this agreement, or to make any additional representations, commitments, or warranties binding on TaxAct, except in a writing signed by an authorized officer of TaxAct. 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. The validity and performance of this agreement shall be governed by Iowa law (without reference to choice of law principles), and applicable federal law.
Jurisdiction and Venue
You agree that any lawsuits arising from or relating to this agreement shall be filed in the state or federal courts in Linn County, Iowa, and that jurisdiction shall be exclusively in Linn County, Iowa. You consent to jurisdiction of said courts, and waive any objections thereto.