Welcome to TaxNow TaxAlert Services, LLC and its subsidiaries and affiliates, including any that it may form or acquire in the future (“TaxNow”), provide this website, and any other content, applications, features, functionality, information, and services offered by TaxNow through this website (collectively, the “Services”), subject to your compliance with these Terms of Use (“Terms of Use”). The Terms of Use are a legally binding contract between you and TaxNow
By accessing or using the Services, or by otherwise accepting these Terms of Use, you (an individual or entity) agree to the terms and conditions set forth in these Terms of Use. Please read these Terms of Use carefully before using the Services. If you violate, or do not agree to, these Terms of Use, your access to and use of the Services, is unauthorized. These Terms of Use and/or the Services may be changed at any time and notice of such changes shall be given by posting updated Terms of Use on this website or otherwise through the Services with the updated date next to “Last Updated.” Your continued use of the Services following any such change constitutes acceptance of the updated Terms of Use. The terms “we,” “us” and “our” means TaxNow. The terms “you,” “your” or “user” means the users of the Services. These Terms of Use contain a mandatory arbitration provision that, as further set forth in section 17 below, requires the use of arbitration on an induvial basis to resolve disputes. It does not allow jury trials or any other court proceedings or class actions of any kind. 1. Licenses TaxNow grants you a limited, non-exclusive, non-transferable, revocable, license to access and use the Services subject to these Terms of Use. 2. Client Authorizations TaxNow provides tools to enable users to obtain data (“Data”) including personal and tax-related data from the Internal Revenue Service (“IRS”). “Client” is a person that has duly authorized a user to obtain and receive Data. “Approved Recipient” is a person that a Client has designated to receive such Data. Users shall complete client authorization forms (“Client Authorizations”) and adhere to the parameters of such Client Authorizations. 3. Your Privacy Your privacy is important to us. Please also review our Privacy Policy, which details how your information is collected and used when you use our Services. By using our Services, you are consenting to the collection, use, disclosure, and other handling of your information as described in our Privacy Policy (as updated from time to time), which is incorporated into these Terms of Use and also governs your use of the Services. 4. Orders and Payment Certain features of the Services are paid features. You may request to purchase such paid features (“Order”) using the applicable order forms on the website. Orders are non-binding and may be canceled prior to acceptance in TaxNow’s discretion. Verification of information may be required prior to the acceptance of an Order. Prices and availability of offerings on the website or otherwise communicated through the Services are subject to change without notice. Once TaxNow has confirmed acceptance of your Order, your Order is a binding agreement to pay for the requested features. You agree to pay the specified amount pursuant to the specified terms upon the acceptance of any Order. 5. Account Registration Certain features or functionality of the Services require that you register an account (“Account”). In order to register an Account, you will need to provide us with certain information, including but not limited to, your name, delivery address, payment information, email address, and phone number. You represent and agree that all of the information you provide us will be true and complete. You agree to keep any Account information current and up to date, keep your TaxNow username and password confidential, and to access the Services from devices that have up-to-date operating systems and security software. You agree not to share your Account with any other person. You will be responsible for all purchases made, and other activity that occurs, through your Account. 6. Proprietary Rights The Services contain valuable trademarks and service marks owned by TaxNow, or other content providers. All content on the Services (including, for example, text, designs, graphics, logos, icons, images, audio clips, downloads, interfaces, information, code and software, and the selection and manner of compilation and presentation), is owned by TaxNow, other content providers, or their licensors, and may be protected by copyright, trademark, and other applicable laws. Your access to, and use of, the Services does not grant you any license or right to use any trademark, logo, or service mark displayed on the Services. TaxNow, other content providers, or their licensors, retain full and complete title to and reserve all rights in the material on the Services, including all associated intellectual property rights. TaxNow neither warrants nor represents that your use of materials on the Services will not infringe rights of third parties. Any other use of the material on the Services, including, without limitation, the modification, distribution, transmission, performance, publication, uploading, licensing, reverse engineering, transfer, or sale of, or the creation of derivative works from any material, information, software, products, or services obtained from the Services, or use of the Services or any content on the Services for purposes competitive with TaxNow or for other commercial purposes, is expressly prohibited. You agree to abide by all additional restrictions displayed on the Services as they may be updated from time to time. 7. Communications and Content You Submit With regard to communications between you and TaxNow that are not directly related to Data requests, including but not limited to feedback, questions, comments, and suggestions: (i) you will have no right to confidentiality in your communications and TaxNow will have no obligation to protect your communications from disclosure; (ii) TaxNow will be free to reproduce, use, disclose and distribute your communications to others without limitation; and (iii) TaxNow will be free to use any ideas, concepts, know-how, content or techniques contained in your communications for any purpose whatsoever, including, but not limited to, the development, production and marketing of products and services that incorporate such information. You may provide, post, or upload certain content for publication on portions of the Services viewable by other users (“Your Content”). For clarification purposes, Your Content shall not include the content that you provide for the submission of Data requests. You are solely responsible for Your Content and the consequences of it being posted or published by you or us. By providing or uploading Your Content, you represent that (i) Your Content is consistent with the Acceptable Use provision in section 9 below, is accurate, and is not false or misleading, and (iii) you have proper ownership or license to grant TaxNow, and do grant TaxNow, a non-exclusive worldwide, irrevocable, perpetual, royalty-free license to display, reproduce, and use Your Content in the provision of service to you and others. 8. Reporting Unauthorized Content If you believe in good faith that any content that you own or have rights to has been posted to the Services without your permission and you want it removed, please contact us by email or mail using the contact information under the “Contact Us” section below, pursuant to the Digital Millennium Copyright Act of 1998. Your notice must include: (i) identification in sufficient detail of the copyrighted work that you claim has been infringed; (ii) identification of the URL or other specific location on the Services that contains the material that you claim to be infringing your copyright; (iv) the electronic or physical signature of the owner of the copyright or a person authorized to act on the copyright owner’s behalf; (v) a statement that you have a good faith belief that use of the material on the Services is not authorized by the copyright owner or its agent or the law; and (vi) a statement that you swear under penalty of perjury that the information contained in your notice is accurate and that you are the copyright owner or that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If Your Content is alleged to infringe on another person’s intellectual property, we will take appropriate action, such as disabling it if we receive proper notice, terminating your Account, and/or ceasing your use of our Services. You will have an opportunity to file a counter notification if you believe that Your Content has been removed as a result of a mistake. 9. Acceptable Use of the Services As a condition of your license to use and access the Services, you agree that you will not do any of the following: Use the Services to access information from the IRS website without proper Client Authorizations; Share Data with any person, including employees or consultants of the user, unless such person is specified in the Client Authorizations; Use the Services if you are under the age of 18 or otherwise unable to enter into binding legal agreements; Share any Account or password with others; Use the Services unlawfully or for an unlawful purpose; Provide, post, upload or transmit any of Your Content that is illegal, abusive, defamatory, threatening, harassing, obscene, vulgar, racist, or which constitutes hate speech; Use the Services in a manner that is fraudulent or deceptive; Fail to pay for Services purchased by you; Stalk, harass, or harm another individual; Impersonate another, misrepresent or falsely identify yourself; Use any device, software or routine to interfere or attempt to interfere with the proper working of the Services; Take any action that imposes an unreasonable or disproportionately large load on TaxNow’s servers; or Use any robot, spider or other automatic device, or a manual process, to collect or harvest information about users or Services for sale. 10. Email Communications You consent to receive communications from us including emails, SMS messages, mobile push notices, or notices and messages. You can manage preferences, including whether you want to receive our news and updates, when making a purchase and by contacting us by email or mail using the contact information under the “Contact Us” section below. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing (“Required Notices”). You may withdraw such consent to receive Required Notices electronically contacting us by email or mail using the contact information under the “Contact Us” section below. In order for TaxNow to send your Required Notices in the mail, which may be at your expense, you must provide a current mailing address. 11. Refund Policy All sales are final. TaxNow does not offer refunds, except to correct billing errors including charges for Services that are not delivered. By making a purchase through our Services, you are agreeing to this Refund Policy. 12. Limitation of Liability a. TaxNow does not make any representations or warranties about Data, including without limitation that Data is complete, accurate, acceptable, filed on a timely basis, or compliant with pertinent rules and laws. You release TaxNow from any claims related to Data. b. Content You Access. You may come across materials that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted by users through the Services. TaxNow is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you access through the Services. You release us from all liability relating to that content. c. Third-Party Websites. Our Services may contain links to third-party websites or services that we do not own or control. You may also need to use a third party’s product or service in order to use some of our Services. When you access these third-party services, you do so at your own risk. TaxNow makes no claim and accepts no responsibility regarding the quality, nature or reliability of the third-party websites or services. The third parties may require you to accept their own terms of use. TaxNow is not a party to those agreements; they are solely between you and the third party. d. IRS e-Services. Our Services make use of the e-Services provided by the IRS. In no event shall we be responsible for any changes, terminations, outages, or unavailability of the IRS services, even if such changes, terminations, outages, or unavailability materially impact our Services. IN NO EVENT SHALL TAXNOW, ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, ADVERTISERS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA) WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICES. IN NO EVENT SHALL TAXNOW’S AGGREGATE LIABILITY FOR ANY DAMAGES EXCEED THE GREATER OF ONE HUNDRED ($100) US DOLLARS OR THE AMOUNT YOU PAID TAXNOW IN THE PAST TWELVE MONTHS. 13. No Warranty THE SERVICES ARE PROVIDED “AS IS”. TAXNOW MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. FURTHERMORE, TAXNOW DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE SERVICES. WE DO NOT GUARANTEE THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL MATERIALS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR EXPECTATIONS. YOU USE THE SERVICES SOLELY AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. 14. Indemnification You agree, to the fullest extent permitted by applicable law, to indemnify, defend, and hold harmless TaxNow and its subsidiaries and affiliates, and as to each, their officers, directors, employees, contractors, agents, licensors, service or third party providers, subcontractors, and suppliers, from and against, any and all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees and court costs, arising out of or relating to your access to, or use of, the Services, any of Your Content that you post or submit to the Services, your violation of law or infringement of the rights of a third party, or your other violation of these Terms of Use. TaxNow reserves the right to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in any case, you agree to cooperate with TaxNow if and as requested by TaxNow in the defense of such matter. 15. Outages TaxNow periodically schedules system downtime for the Services for maintenance and other purposes. Unplanned system outages may also occur. You agree that TaxNow has no responsibility and is not liable for: (a) the unavailability of any of the Services; (b) any loss of data, information or materials caused by such system outages; (c) the resultant delay, mis-delivery or non-delivery of data, information or materials caused by such system outages; or (d) any outages caused by any third parties, including without limitation any companies or servers hosting any of the Services, any Internet service providers or otherwise. 16. Termination If you have an Account with TaxNow, you may terminate your Account at any time through your Account settings or contacting us by email or mail using the contact information under the “Contact Us” section below. If you delete your Account, your personal information (name, phone number, address, email, profile picture, etc.) will be deleted permanently and cannot be recovered. You will not be able to reactivate your Account. However, information where other members are involved (conversations with other people, transactions you have made, reviews you have given to others, etc.) is not removed when you delete your Account, but your name will no longer be displayed next to this information. We may close your Account, cease to permit you to purchase paid features of the Services, at any time in our sole discretion and without notice to you, including if we believe you are using the Services in a manner not intended by us or in a way that violates our Terms of Use, or for any other reason. In no case will TaxNow’s closure of your Account, or reduction of your access to the Services, waive or affect any other right or relief to which TaxNow may be entitled. We may change, suspend, or discontinue any of the Services at any time, for any reason. We will not be liable to you for the effect that any changes to the Services may have on you. These Terms of Use will remain in effect even after your access to the Services is terminated, or your use of the Services ends. 17. Resolution of Disputes We hope to be able to settle any disputes with you. If we cannot, these provisions will govern any legal disputes. a. Choice of Law. The Terms of Use shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. b. Waiver. YOU AND TAXNOW AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION. c. Prior to Arbitration. Prior to initiating any arbitration, the initiating party will give the other party at least 60-days’ advanced written notice of its intent to file for arbitration. TaxNow will provide such notice by email to your email address on file, and you must provide such notice by contacting us by email or mail using the contact information under the “Contact Us” section below. During such 60-day notice period, the parties will endeavor to settle amicably by mutual discussions any disputes. Failing such amicable settlement and expiration of the notice period, either party may initiate arbitration. d. Arbitration. Any controversy or claim arising out of or relating to these Terms of Use or the Services will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association (“AAA”). Any such controversy or claim must be arbitrated on an individual basis, and must not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration must be conducted in the Broward County, Florida, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either TaxNow or you may seek any interim or preliminary relief from a court of competent jurisdiction in the Broward County, Florida, as necessary to protect the rights or property of you or TaxNow. 18. Miscellaneous a. No Waiver. TaxNow’s failure to exercise or enforce any right or provision of the Terms of Use will not be deemed to be a waiver of such right or provision. b. Entire Agreement. These Terms of Use, together with the Privacy Policy, and any amendments and additional agreements you might enter with TaxNow in connection with our Services, shall constitute the entire agreement between you and TaxNow concerning the Services, and shall supersede any prior terms you had with TaxNow regarding the Services. c. Severability. If any provision of these Terms of Use is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the other provisions of these Terms of Use shall remain in full force and effect. d. Limitation of Claims. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Services must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever. 19. IRS CIRCULAR 230 DISCLOSURE Any tax advice contained in our Services is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any matters addressed herein. 20. Contact UsIf you have any questions or comments, please contact us by emailing us at info@taxnow.com.
