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.