|
|
|
|
This Agreement enumerates the terms and conditions pertaining to the use and limited warranty of 1040Now Corp.'s (hereinafter referred to as "1040Now") 1040Now Online tax return preparation and electronic filing product (hereinafter referred to collectively as the "Services"). You may not use the Services until you have reviewed this Agreement and indicated your unconditional acceptance by selecting the "I Accept" option. If you do not accept this Agreement, you should terminate your use of the Services by selecting the "I Do Not Accept" option. Hereinafter, 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 who
complies with the terms and conditions of this Agreement.
Use Conditions of the Services Subject to terms and conditions of this Agreement, a user is granted permission to use the Services to prepare and file electronically the tax returns based on the payment terms accepted by the user. No material from this site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without 1040Now's written permission. Modification or use of materials on the site for any purpose other than those permitted in this Agreement is a violation of 1040Now's copyright, trademark and trade secret rights. User Responsibility You agree to review your tax return for indications of obvious errors prior to electronically filing or printing your return. 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 shall not permit or allow other persons to have access to or use the same. You are responsible for the use of the Services under your user identification number, and for maintaining the confidentiality of your user identification and password. Although 1040Now has taken all necessary measures to ensure the security and privacy of information submitted by you in using the Services, 1040Now cannot guarantee the security of information collected during your use of the Services and shall not be liable in any way for any compromise of your data. Except to the extent required by applicable law, 1040Now 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 records. Electronic Filing Process For all electronic filing returns, your tax return will be converted to and stored in a format standardized by the Internal Revenue Service ("IRS") and/or other tax authorities and, then, transmitted to the applicable federal or other taxing authorities. 1040Now cannot guarantee that the taxing authorities will accept your return due to circumstances beyond 1040Now's control (e.g., incorrect or missing information, malfunction of the taxing authority's processing 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. For all electronic filing returns, the IRS requires 1040Now to include the Internet Protocol (IP) address of the computer from which the return originated and whether the email address of the person electronically filing the return has been collected in the tax data transmitted. By using this system to prepare and electronically file your tax return, you consent to the disclosure of all information you entered to the IRS and any other tax or revenue authority of all information pertaining to your use of the Services. Service Availability and Content 1040Now currently plans to have the Services available until October 15th of the current tax year. However, 1040Now has the right at any time and for any reason to modify or discontinue any aspect, feature, pricing structure, or system requirements of the Services. 1040Now is not responsible for the late filing of your tax return due to any interruption or discontinuance of Services, and you agree that you should file your tax return as early as possible to meet any filing deadlines. In addition, 1040Now reserves the right, at any time, to change the terms of this Agreement by publishing notice of such changes on its Internet site. Any use of the Services by you after 1040Now's publication of any such changes shall constitute your acceptance of this Agreement as modified. You agree that 1040Now 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. Limited Warranty 1040Now warrants only to its registered users the accuracy of every form prepared using the Services. You are responsible for notifying 1040Now promptly of any change in your email so that notices of necessary updates or corrections to remedy any errors can be provided by 1040Now. You are responsible to notify 1040Now within 10 days of receipt of any notice of errors and/or interests and penalties from any tax authority resulting from your use of the Services. If the tax return can be amended to avoid or reduce your penalties and/or interests, you have the option to file it on your own or request 1040Now to prepare such amended return on your behalf. We are not responsible for any interests and penalties resulting from 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, your failure to notify 1040Now of your change of email address, or your failure to file an amended return to avoid or reduce your penalties and/or interests after receipt of such notice. If you believe such a calculation error occurred and you have complied with the above conditions, please notify 1040Now in writing at 1040Now Inc., P.O. Box 25099, Philadelphia, PA 19147 as soon as you are aware of the error. You must include a copy of the IRS notice, a hardcopy of the tax return, and your user identification and password. The filing of such a claim shall constitute your authorization for 1040Now to obtain and review any copy and/or transcript of your tax return and any data files that may be in 1040Now'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 1040Now. DISCLAIMER OF WARRANTIES 1040Now DOES NOT WARRANT THAT THE SERVICES ARE FREE FROM BUGS, VIRUSES OR OTHER HARMFUL COMPONENTS, INTERRUPTIONS, ERRORS, OR OTHER PROGRAM LIMITATIONS. SOME STATES DO NOT ALLOW SUCH EXCLUSIONS, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. Limitation of Liability and Damages 1040NOW LIABILITIES IN ANY CASE ARE LIMITED TO THE AMOUNT PAID BY YOU FOR THE SERVICES PLUS ANY ASSESSMENT OF INTERESTS AND PENALTIES CALCULATED TO THE EARLIER OF THE DATE OF RECEIPT OF NOTICE OF SUCH ASSESSMENT BY ANY TAX AUTHORITIES OR THE DATE OF OUR NOTICE TO YOU OF ANY ERRORS IN OUR CALCULATIONS WHICH COULD RESULT IN SUCH ASSESSMENT. To the maximum extent permitted by applicable law, 1040Now and its Participating Parties are not liable for any indirect, special, incidental, or consequential damages, whether based on breach of contract, breach of warranty, tort (including negligence), product liability. Some states do not allow limitation and/or exclusion of such liability for incidental or consequential damages, so the above limitation and/or exclusion may not apply to you. 1040Now’s Rights and Representation 1040Now shall have the right to immediately terminate your access to or use of the Services in the event of any activities which breach any terms of this Agreement or which, in 1040Now's judgment, interferes with the operation or use of the Services. 1040Now employees and its Affiliating Parties are not authorized to make modifications to this Agreement nor to make any representations, commitments, or warranties binding on 1040Now, except in a writing signed by an authorized officer of 1040Now. If any provision of this Agreement is invalid or unenforceable under any applicable laws, then the remaining provisions will continue in full force and effect. The validity and enforcement of this Agreement shall be governed by Pennsylvania law and applicable federal law. Jurisdiction and Venue You agree that any lawsuits arising from or relating to this agreement shall be filed in the state or federal courts in Philadelphia County, Philadelphia, and that jurisdiction shall be exclusively in Philadelphia, PA. You consent to jurisdiction of said courts, and waive any objections thereto. Privacy Notice Table Of Contents:
Our Commitment To Privacy Your privacy is important to us. To better protect your privacy we provide this
notice explaining our online information practices and the choices you can make
about the way your information is collected and used. To make this notice easy
to find, we make it available on our homepage and at every point where
personally identifiable information may be requested. This notice applies to all information collected or submitted on the 1040Now website. We collect the information in connection with and processing our clients’ requests for tax preparation or tax-related products or services. The types of personal information collected at these pages include name and social security number of taxpayer, spouse and dependents; address; email address; phone number; and any other information required to prepare and file federal and state tax returns. In accordance to your authorization and acceptance of the terms and conditions of our online tax preparation and/or tax-related service, we may use the information submitted in order to prepare and transmit your federal and/or state income tax return. Subject to applicable laws, we may disclose the information to our affiliates. Our affiliates may collaborate with us in providing services that you have requested, or they may offer tax-related or financial services, such as mortgages, investment accounts, and banking products. In the event that 1040Now sells its assets to a third party, certain personal information of our customers could be part of the assets sold or transferred. Your personal information is never viewed by any unauthorized employee at 1040Now, and we never sell or rent your information for commercial purposes. 1040Now or its affiliates may contact the clients using the contact information provided by the clients for the purpose of notifying the clients with information regarding new products, services, and/or upcoming events. If you do not wish to receive such information, open your tax return, click "Privacy / Security" under "Help & Info Center". Remove check mark for these options. Our Commitment To Data Security: To prevent unauthorized access, maintain data accuracy,
and ensure the correct use of information, we have put in place appropriate
physical, electronic, and managerial procedures to safeguard and secure the
information we collect online.
Our Commitment To Children's Privacy: Protecting the privacy of the very young is especially important. For that reason, we never collect or maintain information at our website from those we actually know are under 13, and no part of our website is structured to attract anyone under 13. How You Can Access Or Correct Your Information By login to your account using your username and password, you can access all your personally identifiable information that we collect online and maintain; and you can correct factual errors in your personally identifiable information Should you have other questions or concerns about these privacy policies, please contact us:
Under penalties of perjury, I (taxpayer) declare that the information I'm about to enter and accompanying schedules and statement, and to the best of my knowlegde and belief, they are true, correct, and complete. Declaration of preparer (other than taxpayer) is based on all information of which preparer has any knowledge. Updated December 13, 2004. |