Introduction: All use associated with the tax preparation
and e-file products and services offered by
E-File-Tax-Returns.org either on or off its websites, is
governed by the terms of this Agreement. Any inquiries related
to this Agreement must be submitted to E-File-Tax-Returns.org
prior to registration with our service in order to be considered
valid. By registering with our service, you are indicating your
complete acceptance of the terms detailed in this Agreement.
1. Agreement. By indicating your acceptance at the end of this
Agreement, you are entering into a legal agreement with
E-File-Tax-Returns.org, 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,
"E-File-Tax-Returns.org" refers to E-File-Tax-Returns.org, its
software, services, or web sites: www.e-file-tax-returns.org,
and www.e-file-tax-returns.org. "You", "your", or "user" refers
to any person who uses E-File-Tax-Returns.org software or
services, who has provided E-File-Tax-Returns.org 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,
E-File-Tax-Returns.org 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, 2005. 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 E-File-Tax-Returns.org
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
E-File-Tax-Returns.org, 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. E-File-Tax-Returns.org 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 E-File-Tax-Returns.org 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. E-File-Tax-Returns.org 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, E-File-Tax-Returns.org 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, E-File-Tax-Returns.org 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 E-File-Tax-Returns.org 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
E-File-Tax-Returns.org'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 E-File-Tax-Returns.org'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
E-File-Tax-Returns.org within thirty (30) days for a full refund
of any fees paid by the registered user for use of the Services.
E-File-Tax-Returns.org 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
E-File-Tax-Returns.org
8. Limited Warranty for Registered Users. E-File-Tax-Returns.org
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 E-File-Tax-Returns.org 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 E-File-Tax-Returns.org 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 E-File-Tax-Returns.org 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, E-File-Tax-Returns.org 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. E-File-Tax-Returns.org does not warrant that
the Services are free from bugs, interruptions, errors, or other
program limitations. E-File-Tax-Returns.org 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, E-File-Tax-Returns.org 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
E-File-Tax-Returns.org 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.
E-File-Tax-Returns.org 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
E-File-Tax-Returns.org 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,
E-File-Tax-Returns.org 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 E-File-Tax-Returns.org 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 E-File-Tax-Returns.org and you. You acknowledge and
agree that E-File-Tax-Returns.org 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. E-File-Tax-Returns.org
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
E-File-Tax-Returns.org 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
E-File-Tax-Returns.org This Agreement does not limit any rights
that E-File-Tax-Returns.org may have under trade secret,
copyright, patent or other laws. The employees of
E-File-Tax-Returns.org and its Affiliates are not authorized to
make modifications to this Agreement, or to make any additional
representations, commitments, or warranties binding on
E-File-Tax-Returns.org, except in a writing signed by an
authorized officer of E-File-Tax-Returns.org 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.