End User Agreement
LAST UPDATED December 8, 2020
- Use of Our System. FileYourTaxes.com provides the System for preparation of tax returns. The System includes all Products which you purchase on our website, and will provide the mechanical functions required to construct your tax return based on the information you submit. The "System" is defined as the aggregate of all of the Products purchased, the data handling, acquisition, and delivery software, as well as the ancillary facilities utilized for transmission and electronic and manual manipulation of the acquired and complemented data, within the known limitations described in our limitations & capabilities document accessible via our home page using the link “Forms Supported” . The System assumes that you are familiar with the laws, rules and regulations pertaining to preparation of personal income taxes. In certain cases you may be referred to government forms and publications available online, referenced through our supporting pages. We may provide comments and general guidelines extracted or copied from commonly available government publications. However, no tax preparation assistance or tax advice is provided to you in this System. We do not make any guarantees or promises regarding the outcome of your return, interactions with any taxing authority, or compliance with any laws, rules, or regulations. This System merely formats the information you provide, and if you choose, electronically transmits (eFiles) the formatted return information to the government tax service center(s). As noted, we are not providing any tax advice and you should consult a professional tax preparer with regards to your particular tax situation and any tax preparation advice or assistance. You are responsible to review all information to ensure that it is accurate and correct.
- Personal Use Only. Provided you meet any applicable payment obligations, for so long as this Agreement remains in effect and provided we have not restricted access to the System as further provided in this Agreement, you may use the System but only for your personal use. You may not use this System to prepare the taxes of others without our prior written authorization except that, as permitted by the IRS, you may use your personal account to file your return and up to 4 additional personal tax returns on behalf of family members or others for a maximum of 5 returns with your personal account. Pursuant to IRS and state laws, rules and/or regulations, you are prohibited from charging any sort of fee to anyone to construct, prepare, or file a tax return using this System. Any use of the System in violation of this Agreement shall immediately void your account and terminate your rights to use the System.
- No Guarantee of Acceptance of Return. Due to the fact that we are not providing you tax advice or preparation assistance, and we have not inspected or verified the source, form, or content of the information you are inputting, we will have no responsibility pertaining to government audits, tax increases, penalties, interests, assessments, or any other obligations arising from your tax preparation and filing. Further, we do not guarantee that your return(s) and or submissions will be accepted for processing, and not rejected by the government. You are responsible for verifying the status of your return.
- Pricing and Payment. This is a fee-based System. Our prices are listed on our "Pricing" page, accessible from our home page under “Options and Pricing”. By signing this Agreement, you agree to the pricing and other terms set forth on our “Pricing Page”. We earn our fee when we construct your return and you authorize payment subsequent to your review of the accuracy of the information and summary of the constructed return. You may correct and resubmit rejected returns online during the same normal tax season without our intervention, as many times as you wish, for no additional fee provided that the errors can be corrected and have been corrected. We have the right to disallow repeated submissions with erroneous or incorrect information, normally after three times. In the event that the bank or the credit card company subsequently does not honor or reverses your authorized payment to us, we will bill you directly and demand payment for our fee with an additional surcharge as stated on our Pricing page, plus any applicable monthly service charge. If our records indicate that you have an outstanding balance with us, you will not be able to complete a new transaction on our System until the said outstanding account is settled to our satisfaction, whether or not the new transaction requires a payment or fee. If we are required to enter into your file in order to provide any assistance you request from us regarding an outstanding balance or for any other purpose, this may result in additional service charges to you.
- Confirmation of Filing. If required, we will provide an electronic postmark (ePostmark) to the return upon completion and the receipt of our fee for use of the System and our services. This ePostmark will also be included in your confirmation code delivered to you on a screen at the conclusion of your session. We believe that this ePostmark will be honored by the government. This ePostmark will be based on our System clock, which is intended to be consistent with the local time in California, USA. A display of the time of your inquiry, at the time it is received by our System is reportable to you based on our System clock, on a separate page.
- Disclaimer of Warranties, Limitation of Liability and Indemnity. ,
Disclaimer of Warranties. The System is provided “AS IS” and “WITH ALL FAULTS”. No express warranties are given and no affirmation of us as the seller, by words or action, will constitute a warranty. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PRODUCT IS WITH YOU AS THE BUYER. SHOULD THE SYSTEM PROVE DEFECTIVE FOLLOWING PURCHASE, THE BUYER, and not the manufacturer, distributor, or retailer ASSUMES THE ENTIRE
COST OF NECESSARY REPAIR OR SERVICING. Without limiting the above, it is expressly stated that no warranties are made regarding the timeliness of a filed return or to the performance of the System or otherwise. This is an online system that requires the assistance of Internet resources which may or may not be available with full or optimum functionality at all times. Therefore, the availability of the System may be interrupted, delayed, or otherwise limited for a variety of reasons, including but not limited to, environmental conditions, scheduled maintenance, unavailability of phone or internet connectivity, system capacity, access limitations by government agencies in the event of a disaster or emergency, coordination with other systems, equipment modifications and repairs, problems with the facilities of connecting carriers, and other circumstances. We expressly disclaim all warranties regarding the suitability, security, reliability, timeliness, and performance of the System and
our services AND TO THE FULLEST EXTENT PERMITTED BY LAW, WE, AND OUR AFFILIATES AND THIRD PARTY PROVIDERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, AVAILABILITY OF TELECOMMUNICATION SERVICES, ACCESS TO THE SYSTEM AT ANY PARTICULAR TIME OR FROM ANY PARTICULAR LOCATION, OR THE ACCURACY, RELIABILITY, QUALITY OR CONTENT IN OR LINKED TO THE SYSTEM. WE DO NOT WARRANT THAT THE SYSTEM IS SECURE OR WILL BE FREE FROM BUGS, VIRUSES, OR ERRORS. IF THE EXCLUSION OF THE IMPLIED WARRANTIES DOES NOT APPLY TO YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO 90 DAYS FROM DATE OF FILING OF YOUR RETURN UNLESS A LONGER TIME PERIOD IS EXPRESSLY REQUIRED BY LAW. WE DO NOT MAKE ANY REPRESENTATIONS OR
WARRANTIES THAT YOUR USE OF THE SYSTEM WILL SATISFY OR ENSURE COMPLIANCE WITH ANY APPLICABLE LAWS OR LEGAL OBLIGATIONS. . .
Damage Limitation. TO THE FULLEST EXTENT PERMITTED BY LAW, OUR AND OUR AFFILIATES AND PROVIDERS, TOTAL LIABILITY FOR ALL CLAIMS RELATED TO THIS AGREEMENT FOR ANY CAUSE WHATSOEVER WILL IN NO EVENT EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY RECEIVED BY US FROM YOU DURING THE 12 MONTH PERIOD PRIOR TO ASSERTION OF THE CLAIM AT ISSUE. TO THE MAXIMUM EXTENT ALLOWABLE BY LAW, WE, AND OUR AFFILIATES AND PROVIDERS, ARE NOT LIABLE FOR ANY OF THE FOLLOWING: (A) SPECIAL, INDIRECT, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES; (B) PERSONAL INJURY, PROPERTY DAMAGE, DAMAGES RELATED TO LOSS OF BUSINESS OR PROFITS, BUSINESS INTERRUPTION, COST OF SUBSTITUTE GOODS, LOSS OR THEFT OF DATA; (C) FAILURES OF TELECOMMUNICATIONS, INTERNET ACCESS, ELECTRONIC COMMUNICATIONS, OR ACCESS TO THE SYSTEM FOR ANY REASON, OR CORRUPTION, SECURITY ISSUES, VIRUSES, SPYWARE, SYSTEM FAILURES, OR USE OF HARDWARE OR SOFTWARE THAT DOES NOT MEET THE SYSTEM REQUIREMENTS; OR (D) ANY COMBINATION OF THE ABOVE ,WHETHER BASED ON BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR ANY OTHER LEGAL THEORY. THE ABOVE EXCLUSIONS APPLY EVEN IF WE ARE AWARE, OR ANY OF OUR AFFILIATES, OR PROVIDERS ARE AWARE, OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT SETS FORTH OUR, AND OUR AFFILIATES AND PROVIDERS, ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDIES WITH RESPECT OUR SERVICES AND TO THE SYSTEM AND ITS USE, AND YOU ARE PRECLUDED FROM SEEKING ANY OTHER DAMAGES AGAINST US, OR OUR AFFILIATES, OR ANY THIRD PARTY PROVIDERS.
We reserve the right to assume the defense and exclusive control of any Claims subject to indemnity and you agree to reasonably cooperate as requested in connection with the defense of any Claims.
Any warranty disclaimers, damage limitations and indemnity obligations in this Section 6 will survive any termination or expiration of this Agreement.
- Arbitration of Disputes. California law governs this Agreement, regardless of your location, and regardless of any applicable conflicts of law rules. If any disputes arise, and the total amount of your individual claims in dispute is more than $10,000.00, the claim(s) shall be submitted to binding arbitration, as follows. The party who intends to seek arbitration must first send, by U.S. certified mail, a written notice of dispute to the other party. The notice must describe the nature and basis of the claim or dispute and set forth the specific relief sought. The parties then shall attempt in good faith to informally resolve the dispute. If no resolution is reached within 30 days after the notice is received, either party may commence an arbitration proceeding, in accordance with the Streamlined Arbitration Rules & Procedures of the Judicial Arbitration and Mediation Service (JAMS), available at www.jamsadr.com. The arbitration shall be conducted in Ventura County, California, before a single arbitrator. The fees of the arbitrator shall be shared equally between the parties unless otherwise required by arbitration rules or applicable law. The parties agree that, by assenting to this Agreement, they are each waiving the right to a trial by jury. Further, in consideration for your use of the System, you agree not to assert any claim as a class plaintiff or representative plaintiff or to participate, as a class member or otherwise, in any representative action against us. Nothing in this paragraph limits your rights to assert any individual claim in accordance with this Agreement. Except as otherwise provided, the state and federal courts for Ventura County, California, shall be the exclusive forums for any dispute arising out of or related to this Agreement. Each party agrees not to object to such courts on the grounds of lack of personal jurisdiction, improper venue or forum non conveniens. This arbitration clause, in its current form, will apply to all disputes between the parties, including those arising from or related to past dealings between the parties except with respect to any disputes that the parties had actual notice of before the effective date of this clause in its current form.
- Void Where Prohibited. If the offers and terms provided here are in conflict with any of the laws, rules or regulations of the jurisdictional entities (states, counties, cities, and any others) controlling your relationship with the System, or if the offering of, or the use of such an online system is illegal or prohibited by the controlling jurisdiction(s), or if your use of the System constitutes our "doing business" in the above-mentioned jurisdiction(s), and doing business in this online format requires special registrations, permits, licenses, authorizations, etc., the said offers and terms are null and void, and you are not authorized to use this System.
- Late Filings. We are not responsible for the late filing of your return as may be determined by the government. To avoid late-filing penalties, we urge you to obtain an "extension to file" in association with returns eFiled after the 5th of day April, or 10 days before your eFiling deadline. If no extension is available, we advise you to submit your filing well before your eFiling deadline so there is time for the System to submit your return to the government.
- Use of Your Information. You must provide all the necessary information and disclosures for us to format, prepare, and/or transmit your return. You agree not to submit false information (such as name, phone number, email, or address) when using the System. In the event you provide insufficient, incorrect, or frivolous information, at our option, we may contact you by email for clarification (unless you have opted out of receiving Communications via email as provided further in Section 14 below)), or choose to disregard your request for filing without notice to you, at our sole option. Customer service communication will be through email (unless you have opted out of receiving Communications via email as provided in Section 14 below). You may contact us via taxman@FileYourTaxes.com. The information we obtain from you will be used to construct and transmit your return, to collect our fees, to develop statistical profiles and mitigate abusive use of the System. We will also comply as required by law with any demand, summons, order or subpoena of any court, grand jury, administrative or regulatory agency, body or commission, law enforcement agency or otherwise, and will comply with any written requests for, your information that are in compliance with applicable laws, rules, and
regulations. You are consenting to our use of your provided information for these stated purposes by electronically signing and providing your eSignature. Your payment information you provide us will be provided to our payment processor First Data, to your financial institution and to our financial institution for the collection of our fees. First Data may use others who clear the transactions, as the clearinghouse or other parties in connection with processing of fees.
The government rules and regulations prescribe that the returns eFiled, and online returns contain additional information to those found on paper returns. This additional requirement is to establish improved verification and identification, and to mitigate associated fraudulent activities. The additional information includes, but is not limited to birth dates, email addresses, ePostmark, online indicators and IP addresses. The IRS and states may verify the provided birth dates in conjunction with the Social Security number and the last name. If you apply for bank and financial institution products, or qualify for the IRS-Free File Alliance (FFA) program or the free CA or other state filings outside of the FFA, a special indicator will be placed in the eFile of your return as it is transmitted to the respective agencies. Therefore, by agreeing for the use of this System to prepare, construct and submit your tax return, you consent, in addition to all items above, to the disclosure of all collected and collectable information by us to the Internal Revenue Service and applicable state or local government tax authorities as may be required by them.
In the event that you are applying for online financial products, the required information may be conveyed to Tax Products Group (“Bank”). The Bank may also convey this information to subordinate organizations, the government agencies and the credit bureaus. The Bank will be providing you the financial product. We are not representing you or the Bank, and we have no fiduciary responsibility to either you or any other party. Other than obtaining and transmitting information relating to such financial product application, we have no control of the disposition of funds based on your refund and we cannot and will not answer questions in this regard. All refund inquiries must be made directly to the Bank. We will charge you an application fee for conveying your application to the Bank.
- Encryption of Data. You are responsible for protecting the information on your computer or other devices such as by installing anti-virus software, installing all software updates, password protection and restricting access. These are some suggestions but not intended to be an inclusive list of all actions you should take to protect your personal information. In domestic transit, your data is protected by the highest level, two key (public and private) encryption allowed by law, and this protection is certified byGodaddy®.
- No Use in Violation of this Agreement or law. You are solely responsible for compliance with all laws, rules and regulations. You agree not to use, nor allow any third party, to use the System in any manner that violates any applicable law, rule or regulation, or this Agreement. You agree that you will not sell, reproduce, modify, copy, trade, lease, or resell the System or make the System available on any file sharing or application hosting service or other open online format or service.
- Changes. Except as otherwise provided herein, any modification of this Agreement is valid only if set forth in a writing signed by both you and us, provided, however, that we reserve the right , at any time, to make modifications to this Agreement, in our sole discretion. You will be required to accept any modified Agreement when you log on to your account and again when you begin the process of creating or accessing your return. This Agreement in its current form will apply with respect to all transactions between you and us, including any previous transactions or
access to the System (or both). If you do not accept any modified version of this Agreement, you will no longer be able to access the System and the previous form of this Agreement will apply with respect to past transactions. Any amended or modified arbitration or other dispute resolution terms do not apply to disputes that the parties had actual notice of before the effective date of any modification. We are also free to change or discontinue any services or products within the System, in whole or in part, at any time.
We may from time to time, in our sole discretion, develop and provide updates to the System, which may include bug fixes, patches or other error corrections, and/or new features or functionality (collectively “Updates”) You understand and agree that we are not obligated or required to provide any Updates or to continue to provide or enable any particular functionality or feature. It is very important that you review this Agreement whenever you are using the System because your continued use of the System serves as your acceptance of any new or modified terms that apply to you.
- Electronic Signatures and Electronic Communications. In addition to those allowed by regulation, you will hereby give consent by affixing your eSignature, allowing us to accept your electronic consents, disclosures and signatures as specified by Section 101(c) of the U.S. Electronic Signatures in Global and National Commerce Act ("E-SIGN"), codified at 15 U.S.C. Section 7001 et seq. By signing this Agreement , you accept and consent to electronic delivery of this Agreement and all other notices, consents, Communications, or disclosures as set forth in this
Agreement. You agree that your electronic acceptance of this Agreement, or your electronic signature on or acceptance of any other agreement, contract, disclosure, or similar document provided electronically is the legal equivalent of your manual signature and by signing you agree to be legally bound by the terms and conditions herein or thereof, respectively.
By signing this Agreement, you consent to delivery of Communications electronically as provided in this Agreement. For purposes of this section, "Communications" means each disclosure, notice, agreement, fee schedule, statement, record, document, and other information we provide to you or that you sign or submit or agree to at our request, and also includes any notices, documents, dislcosures, information and other communications as may be required by any laws, rules, regulations, or any governmental authority.
Your consent covers all Communications relating to any FileYourTaxes.com product (including, but not limited to, legal and regulatory disclosures, and communications associated with the product; periodic or monthly billing statements; fees owed, notices or disclosures about a change in the terms of the product or associated payment feature; any required communications regarding availability and use of the System, or products and services offered, and other notices) if you have affirmatively consented to receive such records electronically by signing this Agreement and you have not withdrawn such consent.
We may deliver Communications to you in a variety of ways. All Communications may be provided to you in electronic form in any or all of the following ways: via electronic mail message ("email"); by access to a website that we will designate in an email notice we sent to you at the time the information is available; or to the extent permissible by law, by access to a website that we will generally designate in advance for such purpose. In our sole discretion, we may always deliver any Communication in writing, even if you have selected to receive it electronically. In some instances, the law, or our agreement with you, requires that written notice be given; You must still provide these notices to us on paper, unless we specifically tell you in a separate Communication how you can deliver that notice to us electronically.
You acknowledge and accept all Communications provided by us to you in either electronic or paper format are reasonable and proper notice for the purpose of any and all laws, rules, and regulations, and agree all such Communications satisfy any requirement that such communications be provided to you in writing or in a form that you can keep for your records.
Unless you request a paper copy, we will not send you a paper copy of any Communications, or unless we otherwise deem it appropriate to do so. You can receive a paper copy of an electronic Communication by printing and/or downloading and saving it or by requesting that we mail you a paper copy. A fee may be incurred for the paper copy unless charging a fee is prohibited by applicable law. To request a paper copy you must log into your account and send us a secure message. You must specify what document(s) you want to receive and state your specific request for a paper copy of the document.
You have the right to cancel your consent to receive/obtain electronic Communications at any time. Please note that withdrawal of consent may result in any or all of the following: (1) the charging of higher or additional fees for products; (2) the restriction or termination of access to and/or ability to use certain products or the System (or both), and/or (3) the cancellation and termination of your relationship with us to the extent allowable by law. There may be laws, rules or regulations that require the use of electronic Communications in order to use one or more products or System (or both). If you withdraw your consent, you will be unable to continue to use the System to the fullest extent allowable by law. Please visit the IRS website at: https://www.IRS.gov for other options for filing your tax returns which do not require electronic communications.
Any withdrawal of consent to receive electronic Communications will be effective only after our receipt of your withdrawal and a reasonable period of time for us process your withdrawal. To withdraw consent, you must log into your account and send us a secure message and specifically state that you wish to withdraw your consent to electronic Communications.
It is very important that you keep a valid current email address on file with us. You are responsible to give us your true, accurate, and complete email address, contact, and other information related to this Agreement and your account(s), and to maintain and promptly update any changes in this information in one of the following ways; if you have an account, by logging in and accessing your account to make any changes that you wish to make.
You understand that in order to retrieve, view, and retain electronic Communications, you must have a connection to the internet, the ability to access email, and to access text messages (if a phone number is supplied by you), a version of a program that allows you to read and display pdf files (such as, for example, Adobe Acrobat Reader or Microsoft PDF Reader Pro) and a computer with an operating system and web browser that can support all of the above and is currently supported by its publisher. If you wish to print out and retain records on paper or store records electronically, you will also need a printer or electronic storage, respectively.
You understand that it is solely your responsibility for installation, maintenance, and operation of your computer, browser, software, printer, and electronic storage. By providing consent, you confirm that you have the hardware and software described above, are able to access and retain any electronic notice(s)/record(s), and have an active valid email account.
If our hardware or software requirements change and this creates a material risk that you would not be able to access or retain electronic Communications, we will give you notice of any revised hardware or software requirements. Continuing to use electronic services after receiving notice of the change is your reaffirmation of your consent to receive Communications electronically and affirms your obligation to maintain the required hardware and software described above.
- Consent to Contact via Text Message, Email and Wireless Devices.
You acknowledge that by providing an email address or cellular phone number to us or our agents or vendors, or allowing anyone to provide a number on your behalf, You have thereby expressly consented that we or our authorized agents, vendors, business partners, contractors, or affiliates may contact those email addresses or numbers (including sending SMS text messages) using automated dialing and autodialing, or automated email delivery mechanisms. Once you have signed this Agreement, receipt of emails or text messages means you agree to receive commercial, and/or marketing messages sent to your email address, cellular phone, and/or wireless device from us, or our agents and vendors unless you exercise your option to withdraw your consent by stopping or opting out of receiving commercial messages.
Receipt of text messages, emails, or mobile service messages may be subject to charges from your service provider. You will be directed to provide an email address and cellular phone number. By providing an email or cellular phone number (or both) you expressly consent to receive commercial emails, text messages and/or mobile service messages from us, or our authorized agents, vendors, business partners, contractors, or affiliates for marketing, and other commercial purposes.
The scope of this consent includes any contact related to or arising out of this Agreement, or any use of the Website, the System, , or any commercial or marketing materials, or related products and services that we may believe is appropriate for you to consider. You acknowledge that this consent can be withdrawn at any time, but only as set forth in this section or by following the opt out procedures set forth in the text, mobile service message, or email communication received from us.
If you would like to permanently cease automated messages to you from us to specific phone number(s) or email addresses, you must log into your account and send us a secure message and specify which email and or phone numbers you wish to no longer receive such messages or follow the opt out procedure set forth in such messages..
We may utilize regular mail, email, facsimile, text, or other reasonable means of contact to advise about our services, including updates, customer service-related notifications, or other matters that may be of interest to you. You recognize that we will not contact you using any methods of communication for marketing purposes unless you sign this Agreement which provides a prior express written agreement authorizing such communication.
- Restrict Access. To the fullest extent permitted by law, we can restrict your
access to the System at any time without your consent if any of the following occur:
- Any information you provide is inaccurate or false.
- Any of your payments are overdue or returned to us unpaid.
- You fail to cooperate in updating any information or fail to provide timely and accurate information.
- We determine, in our sole discretion, that your use of the System violates this Agreement, is improper or substantially exceeds or is different from normal use by other users, raises suspicion of fraud, misuse, illegal activity, security concerns, or unauthorized access issues, or any combination of the above.
- If we are requested by any governmental or other authority to provide information as further provided in Section 10 above regarding any of your returns, and/or are requested to block or restrict access to any of your returns. You consent to our providing such information or blocking your access to the System (or both) in accordance with such requests and without providing notice to you to the fullest extent permitted by law.
- You no longer agree to receive electronic Communications (unless otherwise prohibited by law).
- Any combination of A through F above.
for each party remain valid, binding, and enforceable. You may not assign this Agreement without the prior written approval of us. If you want to request a transfer of this Agreement, log into your account and send us a secure message. Any assignment in violation of this restriction is void. We may assign this Agreement without your consent to (1) any affiliate, or (2) to any successor in interest due to a
merger, reorganization, or sale of assets by us. This Agreement is binding and enforceable against you and us and against each of our permitted heirs, executors, administrators, successors and assigns.
By signing , you accept and consent to electronic delivery of this Agreement and all other notices, consents, Communications, or disclosures as set forth in Section 14 of this Agreement.
By signing and providing an email and/or cellular phone number, you consent and agree to receive commercial and marketing communications at any email address or cellular phone number provided as further set forth in Section 15 of this Agreement.
By electronically signing by clicking Login or Continue, I CERTIFY THAT I UNDERSTAND AND ACCEPT THIS AGREEMENT AND THE ABOVE TERMS AND CONDITIONS.