Terms of Use and Notices
AGREEMENT BETWEEN USER AND TaxSimple
This Web site is offered to you conditioned on your acceptance without modification
of the terms, conditions, and notices contained herein. Your use of this Web site
constitutes your agreement to all such terms, conditions, and notices. This Web
site contains links to Web sites, Web pages and services also operated by TaxSimple
or its affiliates, and your use of each.
TaxSimple is also subject to the Terms of Use and other terms and guidelines, if
any, contained within each TaxSimple Site. In the event that any of the terms, conditions,
and notices contained herein conflict with the Terms of Use or other terms and guidelines
contained within any particular TaxSimple Site, then the Terms of Use and other
terms and guidelines for such TaxSimple Site shall control. You agree to click on
the links to and familiarize yourself with the Terms of Use and other terms and
guidelines found throughout this Web site and the TaxSimple Sites and abide by them
if you choose to use the sites, pages or services to which they apply.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
This Web site is for your personal and non-commercial use, unless specifically stated
otherwise. You may not modify, copy, distribute, transmit, display, perform, reproduce,
publish, license, create derivative works from, transfer, or sell any information,
software, products or services obtained from this Web site.
LINKS TO THIRD PARTY SITES
This Web site and the TaxSimple Sites may contain links to Web sites operated by
parties other than TaxSimple . Such links are provided for your convenience only.
TaxSimple does not control such Web sites, and is not responsible for their contents.
TaxSimple 's inclusion of links to such Web sites does not imply any endorsement
of the material on such Web sites or any association with their operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of this Web site, you warrant to TaxSimple that you will
not use this Web site for any purpose that is unlawful or prohibited by these terms,
conditions, and notices.
USE OF ONLINE WEB COMMUNITIES
This Web site contains bulletin board services, chat areas, news groups, forums,
communities and/or other message or communication facilities (collectively, "Communities"),
you agree to use the Communities only to send and receive messages and material
that are proper and related to the particular Forum. By way of example, and not
as a limitation, you agree that when using a Community, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate
the legal rights (such as rights of privacy and publicity) of others.
-
Publish, post, upload, distribute or disseminate any inappropriate,
profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material
or information.
-
Upload files that contain software or other material protected
by intellectual property laws (or by rights of privacy of publicity) unless you
own or control the rights thereto or have received all necessary consents.
-
Upload files that contain viruses, corrupted files, or
any other similar software or programs that may damage the operation of another's
computer.
-
Advertise or offer to sell any goods or services for any
commercial purpose.
-
Conduct or forward surveys, contests, pyramid schemes or
chain letters.
-
Download any file posted by another user of a Forum that
you know, or reasonably should know, cannot be legally distributed in such manner.
-
Falsify or delete any author attributions, legal or other
proper notices or proprietary designations or labels of the origin or source of
software or other material contained in a file that is uploaded.
-
Restrict or inhibit any other user from using and enjoying
the Communities.
TaxSimple reserves the right to terminate your access to any or all of the Communities
at any time without notice for any reason whatsoever.
TaxSimple has no obligation to monitor the Communities. However, it does reserve
the right at all times to disclose any information as necessary to satisfy any applicable
law, regulation, legal process or governmental request, or to edit, refuse to post
or to remove any information or materials, in whole or in part, in TaxSimple 's
sole discretion.
You acknowledge that all Communities are public and not private communications,
therefore your communications may be read by others without your knowledge. Always
use caution when giving out any personally identifying information about yourself
or your children in any Community. TaxSimple does not control or endorse the content,
messages or information found in any Community and, therefore, TaxSimple specifically
disclaims any liability with regard to the Communities and any actions resulting
from your participation in any Community. Forum managers and hosts are not authorized
TaxSimple spokespersons, and their views do not necessarily reflect those of TaxSimple
.
WITH THE EXCEPTION OF YOUR PERSONAL DATA USED IN PREPARING TAX RETURNS, by posting
messages, uploading files, inputting data, or engaging in any other form of communication
through this Web site, you are granting TaxSimple permission to:
-
Use, modify, copy, distribute, transmit, publicly display,
publicly perform, reproduce, publish, sublicense, create derivative works from,
transfer, or sell any such communication.
-
Sublicense to third parties the unrestricted right to
exercise any of the foregoing rights granted with respect to the communication.
The foregoing grants shall include the right to exploit any proprietary rights in
such communication, including but not limited to rights under copyright, trademark,
service mark or patent laws under any relevant jurisdiction.
Again, TaxSimple DOES NOT collect any information you enter in the preparation process
of your tax returns. As such, YOU CAN EXPECT COMPLETE ANONYMITY with your information.
SOFTWARE AVAILABLE ON THIS WEB SITE
Software (if any) that is made available to download from this Web site ("Software")
is the copyrighted work of TaxSimple Corporation and/or its suppliers. Your use
of the Software is governed by the terms of the end user license agreement, if any,
which accompanies or is included with the Software ("License Agreement"). You may
not install or use any Software that is accompanied by or includes a License Agreement
unless you first agree to the License Agreement terms. For any Software not accompanied
by a license agreement, TaxSimple Corporation hereby grants to you, the user, a
personal, non-transferable license to use the Software for viewing and otherwise
using this Web site in accordance with these terms and conditions, and for no other
purpose provided that you keep intact all copyright and other proprietary notices.
Please note that all Software, including without limitation all HTML code and Active
X controls contained in this Web site, is owned by TaxSimple and/or its suppliers
and is protected by copyright laws and international treaty provisions. Any reproduction
or redistribution of the Software is expressly prohibited by law, and may result
in severe civil and criminal penalties. Violators will be prosecuted to the maximum
extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE
SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION
IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO
THE TERMS OF THE LICENSE AGREEMENT. You acknowledge that the Software, and any accompanying
documentation and/or technical information, is subject to applicable export control
laws and regulations of the USA. You agree not to export or re-export the Software,
directly or indirectly, to any countries that are subject to USA export restrictions.
LIABILITY DISCLAIMER
The information, software, products, and services included on this Web site may
include inaccuracies or typographical errors. Changes are periodically added to
the information herein. TaxSimple and/or its respective suppliers may make improvements
and/or changes in this Web site at any time. Advice received via this Web site should
not be relied upon for personal, medical, legal or financial decisions and you should
consult an appropriate professional for specific advice tailored to your situation.
Calculations Guarantees:
TaxSimple works tirelessly to ensure the accuracy of the calculations* on every tax
returns prepared using TaxSimple. If the congress changes the tax laws during the
tax season, TaxSimple will implement them in a reasonable amount of time. TaxSimple
will be the sole judge of what is the reasonable amount of time.
If you pay an IRS penalty and/or interest solely because of a calculation error on
tax return prepared using TaxSimple, and not as a result of, among other things, your
failure to enter all required information accurately, failure to correct your tax returns
based on all Diagnostic messages, willful or fraudulent omission and/or inclusion of
information on your tax return, misclassification of information on the tax return, or
failure to file an amended return to avoid and/or reduce an applicable penalty/interest
after TaxSimple announced updates and/or corrections to TaxSimple in time for you to file
an amended return, then TaxSimple will pay you in the amount of the IRS penalty and/or
interest paid by you to the IRS. You are responsible for paying any additional tax liability
you may owe and providing any other information TaxSimple reasonably requests.
If you believe such a calculation error occurred, you must notify TaxSimple as soon as you
learn of the mistake (and in no event later than 15 days after the penalty or interest is assessed)
by mail at TaxSimple, 8 Emery Avenue, Randolph, NJ 07869. TaxSimple will then contact you to
resolve the issue. To resolve your matter, TaxSimple requires your written permission to access
your tax return data file and other supporting information such as a copy of the IRS/state notice,
evidence of payment of the specified penalty and/or interest, and a copy of your printed tax return.
*The term "Calculations" is defined to mean the numerical addition, subtraction or multiplication of numbers,
and related automatic features that select numbers from tax tables. Calculations does not include any instance
where a taxpayer can make a decision to substitute a number for the one automatically computed by the program.
Electronic Filing:
If you choose to file your return electronically, your tax return will be converted in to a standard
format and transmitted to the IRS and your state taxing authority(ies) as applicable. You are
responsible for verifying the status of your return to confirm that it has been received and accepted
by the IRS and your state taxing authority(ies) and, if necessary, for filing it manually in the event
that the IRS and/or your state taxing authority(ies) rejects your electronically filed return (e.g.,
your information does not match with the IRS master files.). You agree to review your tax return for
indications of obvious errors before electronically filing or mailing it and to print and save a copy
(printed and electronic) of any tax return prepared using the Software for your records. Except to the
extent required by applicable law, TaxSimple has no obligation to store, maintain or provide to you any
information you provide to TaxSimple. If you require a copy of your tax return, you must contact the IRS
and your state taxing authority(ies).
EXCEPT MENTIONED ABOVE, TaxSimple AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY,
RELIABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES
AND RELATED GRAPHICS CONTAINED ON THIS WEB SITE FOR ANY PURPOSE. ALL SUCH INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY
OF ANY KIND. TaxSimple AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES
AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
IN NO EVENT SHALL TaxSimple AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT,
PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR
IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS WEB SITE, WITH THE DELAY
OR INABILITY TO USE THIS WEB SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES,
OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED
THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER
BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF TaxSimple OR ANY
OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH
ANY PORTION OF THIS WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE
REMEDY IS TO DISCONTINUE USING THIS WEB SITE.
SERVICE CONTACT
Contact
support@TaxSimple.com with questions or problems with this Web site.
ACCESS RESTRICTION
TaxSimple , reserves the right to deny in its sole discretion any user access to
this Web site or any portion thereof without notice.
MODIFICATION OF THESE TERMS AND CONDITIONS
TaxSimple , reserves the right to change the terms, conditions, and notices under which this Web site is offered.
GENERAL
This agreement is governed by the laws of the State of New Jersey, U.S.A. You hereby
consent to the exclusive jurisdiction and venue of courts in Morris County, New
Jersey, U.S.A. in all disputes arising out of or relating to the use of this Web
site. Use of this Web site is unauthorized in any jurisdiction that does not give
effect to all provisions of these terms and conditions, including without limitation
this paragraph. You agree that no joint venture, partnership, employment, or agency
relationship exists between you and TaxSimple , as a result of this agreement or
use of this Web site. TaxSimple 's performance of this agreement is subject to existing
laws and legal process, and nothing contained in this agreement is in derogation
of TaxSimple 's right to comply with governmental, court and law enforcement requests
or requirements relating to your use of this Web site or information provided to
or gathered by TaxSimple with respect to such use. If any part of this agreement
is determined to be invalid or unenforceable pursuant to applicable law including,
but not limited to, the warranty disclaimers and liability limitations set forth
above, then the invalid or unenforceable provision will be deemed superseded by
a valid, enforceable provision that most closely matches the intent of the original
provision and the remainder of the agreement shall continue in effect. This agreement
constitutes the entire agreement between the user and TaxSimple with respect to
this Web site and it supersedes all prior or contemporaneous communications and
proposals, whether electronic, oral or written, between the user and TaxSimple with
respect to this Web site. A printed version of this agreement and of any notice
given in electronic form shall be admissible in judicial or administrative proceedings
based upon or relating to this agreement to the same extent and subject to the same
conditions as other business documents and records originally generated and maintained
in printed form. Fictitious names of companies, products, people, characters and/or
data mentioned herein are not intended to represent any real individual, company,
product or event. Any rights not expressly granted herein are reserved.
COPYRIGHT AND TRADEMARK NOTICES
All contents of this Web site are: Copyright © 2010, TaxSimple, Inc. and/or its
suppliers, agents and employees, Randolph, New Jersey 07869 U.S.A. All rights reserved
world-wide.
The TaxSimple Network and other names of TaxSimple products and/or services referenced
herein are trademarks or registered trademarks of TaxSimple . Other product and
company names mentioned herein may be the trademarks of their respective owners.
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