Terms of Use and Notices

AGREEMENT BETWEEN USER AND TAX$IMPLE

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 TAX$IMPLE or its affiliates, and your use of each.

TAX$IMPLE is also subject to the Terms of Use and other terms and guidelines, if any, contained within each TAX$IMPLE 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 TAX$IMPLE Site, then the Terms of Use and other terms and guidelines for such TAX$IMPLE 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 TAX$IMPLE 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 TAX$IMPLE Sites may contain links to Web sites operated by parties other than TAX$IMPLE . Such links are provided for your convenience only. TAX$IMPLE does not control such Web sites, and is not responsible for their contents. TAX$IMPLE '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 TAX$IMPLE 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.

    TAX$IMPLE reserves the right to terminate your access to any or all of the Communities at any time without notice for any reason whatsoever.

    TAX$IMPLE has no obligation to monitor the Communities. However, it does reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in TAX$IMPLE '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. TAX$IMPLE does not control or endorse the content, messages or information found in any Community and, therefore, TAX$IMPLE 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 TAX$IMPLE spokespersons, and their views do not necessarily reflect those of TAX$IMPLE .

    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 TAX$IMPLE permission to:

    1. Use, modify, copy, distribute, transmit, publicly display, publicly perform, reproduce, publish, sublicense,      create derivative works from, transfer, or sell any such communication.

    2. 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, TAX$IMPLE 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 TAX$IMPLE Corporation and/or its suppliers. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software not accompanied by a license agreement, TAX$IMPLE 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 TAX$IMPLE 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. TAX$IMPLE 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:
    TAX$IMPLE works tirelessly to ensure the accuracy of the calculations* on every tax returns prepared using TAX$IMPLE. If the congress changes the tax laws during the tax season, TAX$IMPLE will implement them in a reasonable amount of time. TAX$IMPLE 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 TAX$IMPLE, and not as a result of, among other things, your failure to enter all required information accurately, failure to correct your tax returns based on all Diagnostic messages, willful or fraudulent omission and/or inclusion of information on your tax return, misclassification of information on the tax return, or failure to file an amended return to avoid and/or reduce an applicable penalty/interest after TAX$IMPLE announced updates and/or corrections to TAX$IMPLE in time for you to file an amended return, then TAX$IMPLE 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 TAX$IMPLE reasonably requests.

    If you believe such a calculation error occurred, you must notify TAX$IMPLE as soon as you learn of the mistake (and in no event later than 15 days after the penalty or interest is assessed) by mail at TAX$IMPLE, 8 Emery Avenue, Randolph, NJ 07869. TAX$IMPLE will then contact you to resolve the issue. To resolve your matter, TAX$IMPLE 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, TAX$IMPLE has no obligation to store, maintain or provide to you any information you provide to TAX$IMPLE. If you require a copy of your tax return, you must contact the IRS and your state taxing authority(ies).


    TAX$IMPLE AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THIS WEB SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. TAX$IMPLE 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 TAX$IMPLE AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS WEB SITE, WITH THE DELAY OR INABILITY TO USE THIS WEB SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF TAX$IMPLE 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

    TAX$IMPLE , 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

    TAX$IMPLE , 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 TAX$IMPLE , as a result of this agreement or use of this Web site. TAX$IMPLE 's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of TAX$IMPLE 's right to comply with governmental, court and law enforcement requests or requirements relating to your use of this Web site or information provided to or gathered by TAX$IMPLE 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 TAX$IMPLE with respect to this Web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and TAX$IMPLE 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 © 2008, TAX$IMPLE, Inc. and/or its suppliers, agents and employees, Randolph, New Jersey 07869 U.S.A. All rights reserved world-wide.

    The TAX$IMPLE Network and other names of TAX$IMPLE products and/or services referenced herein are trademarks or registered trademarks of TAX$IMPLE . Other product and company names mentioned herein may be the trademarks of their respective owners.

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