TAXACT XPERT ASSIST TERMS AND CONDITIONS
Last Updated: December 2023
TaxAct's Xpert Assist Service is subject to and governed by the following Terms and Conditions (the “Terms and Conditions”). By making use of the Service, you agree to be bound by the following Terms and Conditions between you and TaxAct, Inc. ("TaxAct"). As used in these Terms and Conditions, references to "we," "us," and "our" mean TaxAct as well as its employees, agents, affiliates, representatives and service providers involved in delivering the Service, and references to and “you”, “your” or “user” mean you, the user of the Service.
How the Service works.
TaxAct's Xpert Assist Service (the "Service") is available to purchase prior to filing your tax return(s). The Service can be purchased at an additional cost or at no additional cost depending on current offers and promotions. The option to purchase the Service may be presented to you through certain TaxAct online, consumer or sole proprietor tax preparation products (the “Tax Product(s)”) as a supplemental service for your use while utilizing such Tax Product. Once you choose to utilize the Service, you will have the ability in the applicable TaxAct Product to initiate an on-demand interaction with a TaxAct tax personnel, who may be a certified public accountant, an IRS credentialed enrolled agent, or an attorney (a “Tax Expert”). Should you initiate such an interaction, then, in that interaction, you will have the opportunity to ask the Tax Expert tax related questions and/or review a section of your return with the Tax Expert, subject to these Terms and Conditions. The TaxAct Products that may be eligible for use with the Service are subject to change.
Terms and Conditions of the Service.
The Service is available in association with the utilization of the applicable Tax Product by persons who are eighteen (18) years or older. Internet access is required to use this Service. The Service is not available for or intended to be used by tax preparers (i.e., providers of tax return preparation products or services and their employees). TaxAct reserves the right to restrict offers for the Service at its sole discretion, to manage Service demand and availability.
The Service may only be used in connection with TaxAct products and services and not with any other party’s products or services
You understand that as part of the Service, a Tax Expert will answer your questions related to certain U.S. federal & state tax laws and procedures. Non-U.S. tax questions are outside the scope of the Service.
Certain tax topics, forms, and/or situations are not, or may not be, included as part of the Service, and TaxAct may in its sole discretion at any time determine that it cannot provide the Service with respect to any such topic.
The Service is available for use in your preparation of your tax return with respect to the current tax year Tax Product only, and does not include assistance or advice in responding to IRS notices and/or audits, or providing representation before the IRS.
As part of the Service, a Tax Expert may review your tax return with you prior to your signing and filing the return. This review is limited to the duration of the interaction, is in the nature of a general overview, does not extend to any of the documents utilized in completing the return and is not intended to be comprehensive. You will remain the preparer of the return, with the Tax Expert being available to answer select, specific questions you may have during such review.
Whether to answer questions on other tax related topics or review sections of the return is in the sole discretion of the Tax Expert. The Service does not include any legal or investment advice, or tax, estate or investment planning. General account, software and online product support may be offered to you as part of your use of the applicable Tax Product but is not included as part of this Service. To ensure a good experience and appropriate levels of coverage for everyone using the Service, the Tax Expert may terminate the communication at their sole discretion (i) after 25 minutes, (ii) after answering questions on up to two (2) tax topics, (iii) if the questions or review requested exceed the scope of the Service, or (iv) if it is otherwise determined that you are misusing or unnecessarily extending the duration of the communication.
Pursuant to Internal Revenue Service guidance, be advised that any federal tax advice given to you, including anything that may be provided to you in writing, is not intended to be used, and it cannot be used, by any person or entity for the purpose of avoiding penalties that have been imposed under the Internal Revenue Code.
The tax advice provided to you by the Tax Expert will be based on information you provide to the Tax Expert. You understand and agree that the Tax Expert will not independently audit or otherwise verify the information submitted, that the Tax Expert is not responsible for undertaking such audit or verification of the information though they may ask you for clarification of such information where necessary, and that if you provide incorrect or incomplete information, the responses provided to your questions or review of a section of your return may not be accurate.
You understand that you are responsible for the preparation of, accuracy of data entered, and positions taken on your return. You understand and agree that the Tax Expert will not review any of your source documents (e.g., W-2, 1099), will not answer any questions or conduct any reviews that may require the Tax Expert to review source documents or sign your return, will not review your full tax return, and will not sign your tax return.
In answering your questions and/or reviewing a section of your return, the Tax Expert will exercise the Tax Expert’s professional judgment where the Internal Revenue Code, the treasury regulations promulgated thereunder, and Internal Revenue Service guidance, and if applicable, any state statute, regulations, and guidance, are unclear. You understand and agree, however, that the final reporting position selected and reported on your return is within your sole discretion and responsibility.
The Service is available for a limited period of time and may be cancelled at any time. You will have access to the Service through December 31 of the applicable tax year in
which you purchased the Service for the Tax Product. Service levels and availability will vary based on demand and capacity and are subject to change without notice.
Any offer to receive the Service is nontransferable, and may only be utilized by you, the customer in association with utilizing the Tax Product to prepare your return.
The Service is provided at an additional charge or, if applicable, free of charge based on applicable offers or promotions, and you agree the Service may not be returned, refunded, or resold. All prices are subject to change without notice. Your price for the Service is ultimately determined at the time of your filing with the Tax Product, unless otherwise provided to you or determined under a valid offer or promotion.
Any guarantees or warranties associated with our Tax Products utilized by you are incorporated into the provisions of the Service and these Terms and Conditions, and the terms, conditions and restrictions associated with such shall continue to apply. Notwithstanding the foregoing, for the avoidance of confusion, any guarantee or warranties associated with the applicable Tax Product shall not extend to or incorporate this Service unless expressly stated to apply to this Service.
All guarantees or warranties given or made by us with respect to the Service (1) are for the benefit of the original user of the Service only and are not transferable, and (2) shall be null and void if the user breaches any of these Terms and Conditions.
Disclaimer of Warranties - EXCEPT AS EXPRESSLY PROVIDED HEREIN TO THE CONTRARY, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TAXACT AND ITS PARENT, SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, TAX EXPERTS, CONTRACTORS, CONSULTANTS, AGENTS, ASSIGNS, LICENSORS, DISTRIBUTORS, ADVERTISERS, WEB-LINK PROVIDERS, DEALERS OR SUPPLIERS (COLLECTIVELY, THE "PARTICIPATING PARTIES") DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE SERVICE INCLUDING, WITHOUT LIMITATION, THAT ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICE WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS. IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO 60 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE SERVICES, WHICHEVER IS SOONER.
Limitation of Liability - EXCEPT AS PROVIDED FOR IN THESE TERMS AND CONDITIONS AND THE TAXACT TERMS OF SERVICE AND LICENSE AGREEMENT, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF TAXACT AND THE PARTICIPATING PARTIES FOR ANY REASON SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR OUR SERVICES AND CONTENT (AS DEFINED IN THE TAXACT TERMS OF SERVICE AND LICENSE AGREEMENT) OR IN ANY EVENT NOT MORE THAN ONE HUNDRED DOLLARS ($100). TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER TAXACT NOR THE PARTICIPATING PARTIES WILL BE LIABLE FOR (i) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR INVESTMENT, OR THE LIKE), AND (ii) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET SYSTEMS REQUIREMENTS, 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. IN NO EVENT DO WE ASSUME ANY LIABILITY TO ANY PARTY OTHER THAN YOU ARISING OUT OF YOUR USE OF THE SERVICE.
Privacy - The Service is subject to applicable state and federal law and TaxAct’s Privacy Notice.
General Incorporation of Terms and Arbitration - In addition to the forgoing, our provisioning of the Service is subject to TaxAct's Terms of Service and License Agreement and hereby incorporated by reference as if fully stated herein. As a result, this Service is subject to the arbitration provision found in said terms. These Terms and Conditions, along with TaxAct's Terms of Service and License Agreement, are a complete statement of the agreement between TaxAct and you, and set forth the entire liability of TaxAct, its parent, subsidiaries, and affiliates, including without limitation the Tax Experts, and your exclusive remedy with respect to the Service. As it relates to the Service, in the event of any conflict between these Terms and Conditions and the Terms of Service and License Agreement, these Terms and Conditions shall prevail.
Miscellaneous - TaxAct personnel, including without limitation any Tax Experts, answering questions in conjunction with the Service are not authorized to make modifications to these Terms and Conditions, or to make any additional representations, commitments, or warranties binding on us. We reserve the right to change these Terms and Conditions from time to time without prior notice, and the changes will be effective when posted on our website for the Service or when we notify you by other means. Texas state law governs these Terms and conditions without regard to its conflicts of laws provisions. 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 TEXAS AND THE UNITED STATES, RESPECTIVELY, SITTING IN DALLAS COUNTY, TEXAS. If any provision of the Terms and Conditions 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.