USER’S LICENSE AGREEMENT
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.
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 of Calculations
1040Now warrants only to its registered users the accuracy of every form prepared using the Services. 1040Now shall guarantee its tax calculations. 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 do not include any instance where a taxpayer can make a decision to substitute a numbers for the one automatically computed by the program, and 1040Now are not responsible for changes in tax law made by the Congress during tax season. We will pay any IRS penalties and/or interest resulting from an error in 1040Now's software program's calculations. The users 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.