FreeTaxUSA® Website Terms and Conditions of Use

Legal Information and Notices

Ownership of Site - Agreement to Terms of Use

These Terms and Conditions of Use and Service (the "Terms of Use") apply to the FreeTaxUSA website located at www.FreeTaxUSA.com ("FreeTaxUSA"), and of the Products and Services offered via the Site, all associated sites linked to www.FreeTaxUSA.com by FreeTaxUSA, its subsidiaries and affiliates (collectively the "Site"). The Site is the property of TaxHawk, Inc. and is provided to its Users (occasionally "You") on certain terms and conditions. By using the site, you agree to these terms of use. If you do not agree, do not use the site or any of the products and services offered via the site. By accessing this site and/or any of the products offered via this site you agree to all of the terms and conditions set forth below.

FreeTaxUSA reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use or any of the Products and Services offered via this Site, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes shall be deemed to constitute your acceptance of and agreement to all such changes.

Description of Products and Services

Via the Site, FreeTaxUSA provides its Users with access to a variety of tax filing services for federal and state income tax returns as well as such additional services as printed tax returns, professionally bound tax returns, vault services, audit assistance services, as well as other goods and services (all of which are referred to collectively as the "Products and Services").

This Site and the Products and Services provide users with access to a variety of on-line tax preparation goods, services and tools. However, neither the Site nor any of the Products and Services is intended to provide specific tax advice to any individual. You are encouraged to consult your own legal and/or tax professionals or the IRS with any specific questions about your own tax return(s).

License

All of Products and Services as well as all information accessed through or displayed on the Site (including but not limited to such things as all text, user interfaces, visual interfaces, sounds, graphics, computer code, expression, "look and feel," etc.) (collectively, "Content"), is owned or controlled by or otherwise licensed to FreeTaxUSA, and is protected by copyright, trade secret, and other intellectual property laws. FreeTaxUSA hereby grants to you, the user, a personal, limited, revocable, non-transferable and non-exclusive license to access the Site and to utilize the Products and Services and Content for the limited and specific purpose of preparing and/or filing users' personal, state and/or federal income tax return and those specific goods and services related thereto as made available or facilitated through the Site or the Products and Services.

Personal and Non-Commercial Use Limitation

As further set forth in the section entitled "License," the Site and all of the Products and Services are offered and provided solely for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, reproduce, publish, license, create derivative work from, transfer, or sell any information, products, goods or services obtained from or accessed via the Site. As a condition for your access to and use of the Site and the Products and Services, you hereby agree that you will not use the Site or any of the Products and Services for any purpose that is illegal, immoral, contrary to public law, abusive, threatening, harassing, or in any way which would or might violate the legal rights, such as rights of privacy, of any other individual or third-party, or in any way contrary to these Terms of Use. Without providing an exhaustive list, examples of such unlawful and/or prohibited conduct shall include the following:
  1. Engaging in the preparation and/or filing of any fraudulent tax return-whether for yourself or another;
  2. The use of any computer code, data mining software, "robot," "deep-link," "page-scrape," "spider" or other automatic device, program, or methodology, or any similar or equivalent manual process to access, acquire, copy or monitor any portion of the Site or any of the Products or Services offered via the Site;
  3. Transmitting any material that contains software viruses, Trojan horses, worms, time bombs, or any other computer code or files which may interrupt, destroy or limit the functionality of the Site or any of the Products and Services;
  4. Impersonating anyone or assuming the identity of anyone;
  5. Transmitting or using any information that infringes any patent, trademark, trade secret, copyright or other proprietary rights of FreeTaxUSA or any third-party;
  6. Attempting to gain access to any portion or feature of the Site or any other systems or networks connected to the Site, or any of the Products and Services offered on or through the Site, by hacking, password mining or any other illegitimate or illegal means;
  7. Attempting to access, collect or store the personal data of any other users.
You agree that the intended purposes and functionalities offered by virtue of the Site and the Products and Services is for the preparation of your own federal and/or state tax returns, the e-filing of any such returns, and any other Products and Services specifically offered via this Site.

If your access of or use of the Site or any of the Products and Services violates the provisions of this section or any other section of these Terms of Use, your rights to access and/or use of the Site and any of the Products and Services offered thereon shall automatically terminate. In such event, FreeTaxUSA shall have the right to take such actions as is necessary to prevent your future use and/or access to the Site and any of the Products and Services and may cooperate with any state, federal or other law enforcement and/or regulatory agency as FreeTaxUSA deems appropriate to protect its own interests and/or the interests of other users and/or the public. You acknowledge and agree that FreeTaxUSA shall not be responsible or liable to you or any other third party by virtue of a decision to terminate your access to and/or use of the Site and any of the Products and Services, or to cooperate with any state, federal or other law enforcement and/or regulatory agency as FreeTaxUSA deems appropriate.

Fees

You agree to pay all fees incurred in connection with your use of this Site and any of the Products and Services accessed via the Site. FreeTaxUSA reserves the right to change its fee structure and/or to add new fees as it shall determine. For a current listing of the fees associated with this Site and/or the Products and Services you may click on the following link: www.FreeTaxUSA.com/services.jsp.

Failure to pay will result in access to the Site being restricted and/or the corresponding Products and Services not being fulfilled and/or delivered.

User Account, Password, and Security

If you receive and/or utilize a password and/or account designation with regard to your use of this Site and/or any of the Products and Services offered via this Site, you agree to be solely responsible for maintaining the confidentiality of your specific password and account information, and further agree that you are fully and solely responsible for all activities that occur under your password or within your account. You agree to immediately notify FreeTaxUSA of any unauthorized use of your password or account information or of any other breach of security.

Accuracy Guarantee

FreeTaxUSA cannot and does not assume any liability, claim, or loss for any user generated errors, including but not limited to data entry errors. However, FreeTaxUSA does offer an Accuracy Guarantee that the tax formulas and calculations accessed via any of the Products and Services offered on the Site are accurate and will produce results consistent with federal and state standards for preparing and/or filing tax returns. In the event any of the formulas and/or calculations utilized in any of the Products and Services offered by FreeTaxUSA are incorrect, then FreeTaxUSA will reimburse you any penalties and/or interest imposed by the Internal Revenue Service and/or your state of residence to the extent that such are imposed as a result of any such erroneous formulas and/or calculations. The Accuracy Guarantee is limited to penalties and/or interests as stated in this section and to no other amount(s).

If you believe that an above described calculation or formula error has occurred, you must notify FreeTaxUSA as soon as you are made aware of the mistake (and in no event later than 45 days after the interest or penalty is assessed) by mail at:

   FreeTaxUSA - Accuracy Guarantee
   PO Box 51048
   Provo, UT  84605-1048

FreeTaxUSA will then contact you to resolve the issue. In order to investigate your issue, FreeTaxUSA requires supporting information such as a copy of the IRS/state notice, evidence of payment of the specified penalty and/or interest, etc.

Content

FreeTaxUSA may, but has no obligation to, monitor content posted to or generated via the Site or any of the Products and Services. We may disclose any information necessary or which we deem appropriate to satisfy our legal obligations, to protect FreeTaxUSA or our customers, or to operate or fulfill the Products and Services.

Updates

FreeTaxUSA may periodically update the Site and/or the Products and Services and/or may eliminate certain Products and/or Services as it deems appropriate in its sole discretion.

Third-Party Sites or Products and Services

You agree that your use of or business dealings with third-parties that may be found on or throughout the Site are solely between you and such third-parties. FreeTaxUSA is not and cannot be responsible or liable for any content, advertising, products, services or other materials on or available from such third-party providers. Providing links to such products and services or parties is intended as a convenience, and the inclusion of any link does not imply endorsement by FreeTaxUSA of the site or any of the products or services found on such third-party sites.

Disclaimer of Warranties

EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS OF USE, THE SITE, AND ALL PRODUCTS AND SERVICES OFFERED ON THIS SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ALL PRODUCTS AND SERVICES ACCESSED THEREON ARE PROVIDED WITH NO WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY AND ALL STATUTORY WARRANTIES, ANY AND ALL WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT OF PROPRIETARY RIGHTS, WITH ALL SUCH EXPRESS AND IMPLIED WARRANTIES BEING EXPRESSLY DISCLAIMED BY TAXHAWK. ADDITIONALLY, TAXHAWK AND ALL OF OUR DATA AND/OR SERVICE PROVIDERS DISCLAIM ANY AND ALL WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF ANY OF THE PRODUCTS AND SERVICES OFFERED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE SITE, AS WELL AS FOR ANY INFRINGEMENT OR ADVICE RECEIVED THROUGH THE SITE OR THROUGH ANY LINKS PROVIDED ON THE SITE. TAXHAWK DOES NOT WARRANT THAT THE SERVICES ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS AND SERVICES OR THROUGH THE SITE IS DONE SO AT YOUR OWN RISK AND AT YOUR OWN DISCRETION AND THAT YOU ARE AND SHALL ALWAYS REMAIN SOLELY RESPONSIBLE FOR ANY CLAIMS, INCLUDING WITHOUT LIMITATION, ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM DOWNLOADING OR OTHERWISE OBTAINING SUCH MATERIAL. IN THE EVENT ANY APPLICABLE LAW REQUIRES THAT ANY SPECIFIC EXCLUSION OR EXCLUSION FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU, THEN IN SUCH EVENT ANY AND ALL IMPLIED WARRANTIES ARE LIMITED TO SIXTY (60) DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE PRODUCTS AND/OR SERVICES, WHICHEVER IS SOONER. FURTHER, YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE SITE AND THE PRODUCTS AND SERVICES IS IN ACCORDANCE WITH ALL APPLICABLE LAWS.

Some states do not allow the exclusion of implied warranties at all. In such an event, the exclusion from implied warranties may not apply to you specifically.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TAXHAWK OR ANY OF OUR DATA PROVIDERS OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, DELIVERING OR MANAGING THE CONTENT OR OPERATIONS OF THE SITE, OR ANY OF THE PRODUCTS OR SERVICES OFFERED VIA THE SITE BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY CLAIMS WHATSOEVER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF TAXHAWK, AND ITS SUPPLIERS, FOR ALL MATTERS OR CLAIMS RELATING TO THESE TERMS OF USE OR USE OF THIS SITE OR ANY OF THE PRODUCTS AND SERVICES SHALL BE LIMITED TO THE AMOUNT YOU PAID (YOUR PURCHASE PRICE) FOR SUCH PRODUCTS OR SERVICES PLUS AN ADDITIONAL FEE OF TEN DOLLARS ($10.00). TO THE MAXIMUM EXTENT PERMITTED BY LAW TAXHAWK NOR ANY OF ITS PROVIDERS SHALL BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES. ADDITIONALLY, NEITHER TAXHAWK NOR ANY OF ITS PROVIDERS SHALL BE RESPONSIBLE TO YOU FOR ANY DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPY WARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENTS, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET TAXHAWK'S SYSTEM REQUIREMENTS.

THE ABOVE LIMITATIONS APPLY EVEN IF TAXHAWK AND ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

Indemnification

You agree to indemnify FreeTaxUSA and to hold FreeTaxUSA harmless from and against any and all claims, losses, liabilities, costs and expenses (including attorneys' fees) arising out of or related to your violation of any term or condition of these Terms of Use or violation of the law or any rights of any third-party, including without limitation, copyright, trademark, intellectual property, and privacy rights which may arise as a result of your use of this Site or any of the Products and Services provided therein.

Miscellaneous

  1. Your access to the Site and the Products and Services shall be governed by the laws of the State of Utah, without regard to conflicts of law provisions.
  2. These Terms of Use, as may hereinafter be modified from time to time, constitute the entire agreement between you and FreeTaxUSA except to the extent that there may be a specific separate agreement with regard to one or more specific Product(s) or Service(s) (in which case the agreement specific to the Product(s) or Service(s) shall control), and these Terms of Use supersede all previous communications, representations or agreements, whether oral or written. FreeTaxUSA has not made any representations or statements of any kind which are not included in these Terms of Use.
  3. Although FreeTaxUSA may replace or amend the terms of these Terms of Use from time to time by posting new terms, you may not modify or amend any of these Terms of Use in whole or in part without the prior written consent of the president of FreeTaxUSA.
  4. FreeTaxUSA's failure to insist on strict performance of any provision of these Terms of Use shall not be deemed a waiver of any of its rights or remedies, nor shall it relieve you from performing any subsequent obligations strictly in accordance with the terms of these Terms of Use. No waiver of any term or condition of these Terms of Use shall be effective unless it is in writing and signed by the party against whom enforcement is sought.
  5. The provisions of these Terms of Use are intended to be interpreted and construed in a manner so as to make such provisions valid, binding and enforceable. In the event that any provision of these Terms of Use is determined to be partially or wholly invalid, illegal or unenforceable, then such provisions shall be deemed to be modified or restricted to the extent necessary to make such provision valid, binding and enforceable, or, if such provision cannot be modified or restricted in a manner so as to make such provision valid, binding and enforceable, then such provision shall be deemed to be excised from these Terms of Use and the validity, binding effect and enforceability of the remaining provisions of these Terms of Use shall not be affected or impaired in any manner.
  6. Nothing contained in these Terms of Use shall be construed to create any partnership, joint venture, principal/agent relationship, employer/employee relationship, or any other fiduciary relationship between you and FreeTaxUSA or between you and any third-party. With the exception of those specifically mentioned herein, you and FreeTaxUSA expressly disclaim the existence of any third-party beneficiaries to these Terms of Use.
  7. Unless otherwise indicated, all disputes arising under these Terms of Use shall be resolved via binding arbitration occurring in Salt Lake County, Utah. Unless you and FreeTaxUSA otherwise mutually agree, any such arbitration must be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Unless you and FreeTaxUSA are able to agree upon the selection of a single arbitrator, the ultimate arbitrator shall be selected by each party choosing their own arbitrator, and those two then choosing yet a third arbitrator who shall then act as the sole arbitrator in any such arbitration. The award rendered by the arbitrator shall be final, and judgment upon the award may be entered in accordance with applicable law in any court having jurisdiction. The prevailing party in any such arbitration shall be entitled to reimbursement of all costs, expenses and attorneys' fees incurred as a result of such arbitration and shall further be entitled to reimbursement of any costs, fees or expenses incurred in any post-arbitration judicial action(s). To the extent judicial involvement in any claim and/or dispute is necessary, all such claims shall be initiated and maintained exclusively in the state or federal courts located in Salt Lake County, Utah. User hereby submits to the personal jurisdiction of the state and federal courts located in and for Salt Lake County, State of Utah.
  8. These Terms of Use constitute the entire agreement and understanding between the Parties with respect to the subject matter hereof, and terminates and supersedes any and all prior Terms of Use, agreements, arrangements and understandings, both oral and written, among the parties concerning the subject matter hereof.
  9. The relationship of the parties hereunder is limited to the respective rights and obligations of the parties as set forth in these Terms of Use.

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