Agreement to Use IRS.com
The following are our mandatory terms and conditions for your use of the USTaxCenter at IRS.com Online Tax Return Preparation Product (the “Product”). This Agreement to Use the USTaxCenter at IRS.com (“License”) is a legally binding contract between you and Banks.com (“Banks.com,” “we,” or “us”). We encourage you to read this License to the end and make sure you understand all of the terms and conditions.
You must read and accept this License prior to using the Product. Your use of the Product tells us that you have read this License and accept all of its terms, conditions, disclaimers, and limitations. If you do not accept any part of this License, you may submit a written request for a refund to Banks.com at Banks.com, 3930 Howard Hughes Parkway, Suite 400, Las Vegas, Nevada 89169 if you have not already completed a tax return using the Product.
The term “Product” as used herein includes (a) the USTaxCenter at IRS.com Product, (b) the Product’s internet-based components, and (c) any updates or maintenance releases that we may provide or make available for the Product. The Internal Revenue Product (“IRS”) and state tax authorities may amend approved tax forms after the Product is available for purchase. To ensure that your tax return is submitted on the final approved forms, you agree to register with Banks.com in order to allow Banks.com to notify you of updates or corrections to the Product. You must inform Banks.com of any change to your email address, mailing address, and phone number.
- Banks.com grants a personal, non-exclusive, limited, non-transferable license for use of the Product to the individual purchasing the Product and accompanying License.
- By your purchase of this License, you may: (a) use the Product on one or more computers through the Internet; and (b) use the Product to prepare, print, and/or electronically file one personal, joint, or individual, federal return of the current tax year in which you agree to these terms and conditions. Except as expressly provided, you are not permitted to (a) allow any other person to use the Product; (b) use the Product to electronically file more than one personal federal return; or (c) use the Product, or allow the Product to be used, to prepare tax returns on a professional basis. Any person using the Product through any prohibited method, or through any method other than the purchase of this Product from Banks.com, is not permitted to use this Product.
- If you file your return electronically, Banks.com will convert your tax return into a standardized format and transmit it to the IRS or appropriate state authority. You must confirm that the return has been received and accepted by the appropriate authority and, if necessary, file the return manually in the event of rejection. You must review your return prior to submitting it for filing to ensure that there are no errors. Banks.com will not maintain a copy of your tax return. Should you need a copy, you must contact the tax authority.
- The IRS requires that Banks.com disclose the Internet Protocol (“IP”) address from which any return is electronically filed. By filing your return electronically using the Product, you consent to the disclosure of your IP address to the IRS. Banks.com must also notify the IRS whether the e-mail address of the person electronically filing the return has been collected.
- Banks.com and IRS.com do not and will not provide you with tax advice or tax preparation Products, but solely and only provide you with the system to efficiently file your own taxes. You acknowledge that we are only an intermediary between you and the Internal Revenue Product.
- In the event you pay an IRS and/or state penalty and/or interest due to a calculation error on a form prepared using the Product and you are an authorized user of the Product who updated your copy of the Product prior to filing your return, Banks.com will provide you a full refund for your purchase of this License. This warranty does not cover instances in which you failed to accurately enter the required information; willfully or fraudulently omitted or included information on the tax return; misclassified information on the tax return; or failed to file an amended return to avoid or reduce a penalty or interest after Banks.com updated or corrected the Product within the time limits for filing an amended return. This guarantee also does not cover payment of any tax liability you may incur.
- Should you believe such an error occurred, you must notify Banks.com within thirty (30) days of the assessment of the penalty or interest at Banks.com, 3930 Howard Hughes Parkway, Suite 400, Las Vegas, Nevada 89169. Banks.com will contact you promptly to resolve the matter. You must provide any information Banks.com reasonably requests, including your USTaxCenter (IRS.com) data file and other supporting information, such as the IRS or state notice, evidence of payment of the specified penalty and/or interest, and your final tax return.
- NO OTHER WARRANTIES. Banks.com disclaims all other warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, with respect to the Product. This limited warranty gives you specific legal rights. You may have other rights, which vary from state to state.
- LIMITATION OF LIABILITY. Banks.com is not liable for any loss or damage arising as a result of your use of this Product. Your exclusive remedy and the entire liability of Banks.com for any reason shall be limited to the amount you paid for the Product to Banks.com. To the extent allowed by law, Banks.com is not liable for any indirect, special, incidental, or consequential damages, including, without limitation, damages for loss of profits, loss of information, corruption or theft of data, viruses, spyware, or other pecuniary loss. The limitations set forth are fundamental elements of the basis of the bargain between you and Banks.com. You agree and understand that Banks.com would not provide this Product or the related Products without such limitations.
- Any claim or controversy arising out of or relating to this License shall be settled by arbitration. All arbitration hearings and all meetings pursuant to this section shall be held in Clark County, Nevada. The commercial arbitration rules of the American Arbitration Association shall control the arbitration in the absence of agreements between the parties. The parties agree to the appointment of a single arbitrator. If the parties cannot agree on the identity of the arbitrator, the American Arbitration Association shall select him or her. The arbitrator will determine the place or places where meetings are to be held within Clark County, Nevada. The arbitrator must base his or her decision with respect to the difference before them on the contents of this agreement, and the decision of the arbitrator shall bind both parties. In the event a lawsuit or arbitration proceeding is brought regarding this License, the prevailing party shall be paid by the other party reasonable attorneys’ fees and costs, to include the arbitrator’s fees, in addition to all other amounts to which the prevailing party may be entitled. The parties submit to personal jurisdiction of the state of federal courts located in Clark County, Nevada for confirming any award and the entry of judgment.
- The parties understand that they would have had a right or opportunity to litigate disputes through a court and to have a judge or jury decide their case, but they choose to have any disputes decided through arbitration. This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by and interpreted under the Federal Arbitration Act (FAA), 9 U.S.C. Sections 1-16. Any award of the arbitrator may be entered as a judgment in any court having jurisdiction of the subject matter thereof.
- Unless otherwise mandated by law, any action or proceeding by you to enforce any right or claim any way relating to this License or the Products must be commenced within one year after the cause of action accrues. Failure to commence your action or proceeding within one year of accrual shall constitute a voluntary waiver of your claim(s) or cause(s) of action.
- This Agreement shall be construed under the laws of the State of Nevada.
- You must indemnify and defend Banks.com against any claims, prosecutions, or lawsuits, including (without limitation) attorneys’ fees, arising or resulting from your use of the Product, to include without limitation your use on a professional or commercial basis. Such use is prohibited.
- This License is a complete statement of the agreement between you and Banks.com and sets forth the liability of Banks.com and your exclusive remedy with respect to the Product, and other products that you may purchase from us and their related uses. Agents and employees of Banks.com are not authorized to make modification to this License or to make any additional representations, warranties, or guarantees binding on Banks.com. Any waiver of the terms by Banks.com must be in writing and signed by an authorized officer of Banks.com.
- You agree not to hold Banks.com liable for any default or delay in the performance of its obligations under this License to the extent its performance is delayed or prevented due to causes beyond its reasonable control, such as acts of God, natural disasters, terrorist acts, war or other hostilities, labor disputes, civil disturbances, the actions or omissions of third parties, electrical or communication system failures, or governmental action.
- If any provision of this License is invalid or unenforceable under applicable law, then that provision shall be, to that extent, deemed omitted and the remaining provisions will continue in full force and effect.
- Banks.com may immediately terminate your rights under this License without notice if you fail to comply with any term or condition.
- Banks.com’s rights set forth by this License shall not be affected by a termination. Banks.com reserves the right to alter or add to the terms of this License at any time. Banks.com also reserves the right to modify, suspend, or impose new terms on the Product or accompanying Products upon notice by any reasonable means Banks.com, including sending you an email notification or posting such changes to the USTaxCenter at IRS.com.
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