Last Updated: January 5, 2017
This agreement governs your use of TaxAct, Inc.'s ("TaxAct") websites, mobile applications, online tax return preparation products 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.
Ownership; Limited License; Copyright & Trademark
The TaxAct Services and all text, graphics, images, photographs, videos, illustrations, and other information and content it contains (collectively,
“TaxAct Content”) are owned by or licensed to TaxAct and are protected under both United States and foreign laws. Except as explicitly stated
in this agreement, TaxAct and our licensors reserve all right in and to our Services and TaxAct Content.
Limited License to Services.
Subject to this agreement, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and 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 agree not to use the Services for commercial purposes, including, but not limited to using the Services to
prepare tax returns, schedules or worksheets on a professional basis.
Limited License to TaxAct Content.
Subject to this agreement, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to electronically copy and
print portions of TaxAct Content to hardcopy for the sole purpose of researching and making a decision to purchase TaxAct’s Services. Any other use
of the TaxAct Content—including reproductions other than specified, modifications, distribution, or republication—without the prior written
permission of TaxAct is strictly prohibited.
The license granted to you is subject to this agreement and does not include any right to (a) sell, resell or commercially user our Services or TaxAct
Content; (b) copy, reproduce, distribute, publicly perform or publicly display TaxAct Content, except as expressly permitted by us or our licensors; (c)
modify the TaxAct Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of our Services or TaxAct Content; (d)
use any data mining, robots or similar data gathering or extraction methods; and (e) use our Services or TaxAct Content other than for their intended
purposes. Any use of our Services or TaxAct Content other than as specifically authorized herein, without our prior written permission, is strictly
prohibited and will terminate the permissions granted in this Agreement.
TaxAct® and the associated logos and any other TaxAct service names, logos or slogans that my appear on the Services are trademarks of TaxAct and our
licensors and may not be copied, imitated or used, in whole or in part, without our or the applicable trademark holder’s prior written permission.
You may not use metatags or other “hidden text” utilizing “TaxAct” or any other name, trademark or product or service name of
TaxAct without our prior written permission. In addition, the look and feel of the Services, including, without limitation, all page headers, custom
graphics, button icons and scripts, constitute the service mark, trademark or trade dress of TaxAct and may not be copied, imitated or used, in whole or in
part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Services
are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable
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 your 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.
You are the only person authorized to use your user identification and password, and you shall not permit or allow other people to have access to or use
the same. You are responsible for maintaining the confidentiality of your user identification and password. To the fullest extent permitted 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
By creating a TaxAct account, you consent to receive electronic communications from TaxAct (e.g., via email or by posting notices on our Services). These
communications may include notices about your account (e.g., payment authorizations, password changes and other transactional information) or legal notices
and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically
will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.
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 to it of information
relating to your use of the Services, such as notice of your electronic filing of your tax return, of the Internet Protocol (IP) address and other device
information of the computer from which your return originated, and of whether your email address was collected. By using the Services 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.
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.
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. You agree that you are
responsible for meeting all filing deadlines. In addition, TaxAct reserves the right, at any time, to change the terms of this agreement. If TaxAct makes
changes to this agreement, TaxAct will provide you with notice of such changes, such as by sending an email, posting a notice on the Services or updating
the date at the top of this agreement. Your continued use of the Services will confirm your acceptance of the revised agreement.
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 by phone at 319.373.3600 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 TaxAct Products
TaxAct warrants the accuracy of its calculations to registered users of its Free, 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 and interest paid by you to the IRS.
TaxAct encourages you to visit TaxAct's website for updated information on the Services (www.taxact.com/support). 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 that a product
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, and your user identification information. 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
TAXACT DOES NOT CONTROL, ENDORSE OR TAKE RESPONSIBILITY FOR ANY THIRD-PARTY CONTENT AVAILABLE ON OR LINKED TO BY OUR SERVICES.
EXCEPT AS EXPRESSLY PROVIDED BY TAXACT TO THE CONTRARY, THE SERVICES AND THE TAXACT CONTENT ARE PROVIDED “AS IS” AND, TO THE FULLEST EXTENT
PERMITTED BY APPLICABLE LAW, TAXACT AND ITS PARENT, SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS,
CONSULTANTS, AGENTS, ASSIGNS, LICENSORS, DISTRIBUTORS, ADVERTISERS, WEB-LINK PROVIDERS, DEALERS OR SUPPLIERS (COLLECTIVELY, THE "PARTICIPATING PARTIES")
DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICES, TAXACT CONTENT, AND RELATED MATERIALS, INCLUDING, WITHOUT LIMITATION, THEIR FITNESS
FOR A PARTICULAR PURPOSE, THEIR QUALITY, THEIR MERCHANTABILITY, AND THEIR NON-INFRINGEMENT.
TAXACT DOES NOT WARRANT THAT THE SERVICES ARE ACCURATE, COMPLETE OR FREE OF ERRORS, INTERRUPTIONS, VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES
WILL BE AVAILABLE 24 HOURS PER DAY, SEVEN DAYS PER WEEK. YOU FURTHER 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 TRANSMITTING INFORMATION TO THE TAXING
AUTHORITIES CAN BE UNPREDICTABLE AND MAY, FROM TIME TO TIME, INTERFERE WITH OR PREVENT ACCESS TO THE 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 BEYOND THE REASONABLE CONTROL OF TAXACT.
YOU ARE RESPONSIBLE FOR CONSULTING WITH YOUR OWN PROFESSIONAL TAX ADVISORS CONCERNING YOUR 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
EXCEPT AS PROVIDED UNDER THE LIMITED WARRANTY FOR TAXACT PRODUCTS DESCRIBED ABOVE, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE
LIABILITY OF TAXACT AND THE PARTICIPATING PARTIES (JOINTLY) FOR ANY REASON SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE SERVICES AND TAXACT CONTENT
LICENSED FROM TAXACT.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TAXACT AND THE 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), OR OTHERWISE, EVEN IF TAXACT OR THE 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.
THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE TAXACT OR THE PARTICIPATING PARTIES’ LIABILITY FOR PRODUCT LIABILITY CLAIMS
THAT ARISE IN CONNECTION WITH THE ACCESS OR USE OF THE SERVICES OR FOR TAXACT OR THE PARTICIPATING PARTIES’ GROSS NEGLIGENCE, FRAUD, OR
INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT.
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, and the Legal Notices, which by this reference
are incorporated herein) sets forth TaxAct's and the 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 the 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.
Dispute Resolution; Binding Arbitration
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with TaxAct and limits the manner in which
you can seek relief from us.
Except for small claims disputes in which you or TaxAct seek to bring an individual action in small claims court located in the county of your billing
address or disputes in which you or TaxAct seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and TaxAct
waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Services resolved in court. Instead, all disputes
arising out of or relating to these Terms or our Services will be resolved through confidential binding arbitration held in Linn County, Iowa in accordance
with the Streamlined Arbitration Rules and Procedures ("Rules
") of the Judicial Arbitration and Mediation Services ("JAMS
"), which are available on the JAMS website and hereby incorporated by reference.
You either acknowledge and agree that you have read and understand the rules of JAMS or waive your
opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.
You and TaxAct agree that any dispute arising out of or related to these Terms or our Services is personal to you and TaxAct and that any dispute will
be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative
You and TaxAct agree that these Terms affect interstate commerce and that the enforceability of this Section will be substantively and procedurally
governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the "FAA"), to the maximum extent permitted by applicable law. As limited by
the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any
dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a
class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not
consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving
more than one individual. You and Company agree that for any arbitration you initiate, you will pay the filing fee and Company will pay the remaining JAMS
fees and costs. For any arbitration initiated by Company, Company will pay all JAMS fees and costs. You and TaxAct agree that the state or federal courts
of the State of Iowa and the United States sitting in Linn County, Iowa have exclusive jurisdiction over any appeals and the enforcement of an arbitration
ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICES MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM AROSE; OTHERWISE, THE CLAIM IS
PERMANENTLY BARRED, WHICH MEANS THAT YOU AND TAXACT WILL NOT HAVE THE RIGHT TO ASSERT THE CLAIM.
You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section by sending an email
to firstname.lastname@example.org . In order to be effective, the opt out notice must include your full name and
clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance
with the following Section (Jurisdiction and Venue).
Jurisdiction and Venue
THE VALIDITY AND PERFORMANCE OF THIS AGREEMENT SHALL BE GOVERNED BY IOWA LAW (WITHOUT REFERENCE TO CHOICE OF LAW PRINCIPLES), AND APPLICABLE FEDERAL LAW.
ANY DISPUTE BETWEEN THE PARTIES THAT IS NOT SUBJECT TO ARBITRATION OR CANNOT BE HEARD IN SMALL CLAIMS COURT WILL BE RESOLVED IN THE STATE OR FEDERAL COURTS
OF IOWA AND THE UNITED STATES, RESPECTIVELY, SITTING IN LINN COUNTY, IOWA.
Please refer to http://www.taxact.com/privacy-policy