This Terms of Service and License Agreement (“this Agreement”) is a legally-binding contract between Universal Tax, Inc. (“Universal Tax, Inc”, “we”, “us”, or “our”) and you (“you”, “your”, or “user”), a visitor or user of Universal Tax, Inc’s websites, mobile applications, online and offline tax return preparation products, and related services, and, if selected by you, Universal Tax, Inc services (collectively, the “Services”) for the Services related to the then-current tax filing year at the time this Agreement is accepted or amended.
You may not use the Services until you have read and agreed to this Agreement. By using the Services, you indicate your unconditional acceptance of this Agreement. If you do not accept this Agreement, you must terminate your use of the Services.
A “registered user” is a user from whom Universal Tax, Inc. has received the information necessary to permit such person to print or electronically provide Services and who complies with the terms and conditions of this agreement.
Ownership; Limited License; Copyright & Trademark
The Services and all related text, graphics, images, photographs, videos, illustrations, computer code, and other information, materials and content contained in the Services or provided by Universal Tax, Inc. in connection therewith (collectively, “Content”) are owned by or licensed to Universal Tax, Inc. and are protected under both United States and foreign laws. Except as explicitly stated in this Agreement,Universal Tax, Inc. and its licencors reserve all right in and to the Services and Content.
Limited License to Services.
Subject to your continued compliance with this Agreement, including payment of any applicable fees, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use the Services for your personal purposes. You may only use the Universal Tax, Inc. tax preparation software (whether online, downloaded, or via mobile application) to prepare one valid and complete tax return per applicable service fee paid and, after proper registration and any applicable payment, to file electronically and/or print such tax return. Unless you have purchased a license to one of Universal Tax, Inc. Professional products, you will not use the Services for commercial purposes, including, but not limited to using the Services to prepare tax returns, schedules or worksheets for others as part of a service offering.
Limited License to Content.
Subject to this agreement, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to electronically copy and print portions of Content to hardcopy for the sole purpose of your personal, non-commercial use in researching and making a decision to purchase Services. Any other use of the Content—including reproductions other than specified, modifications, distribution, or republication-without the prior written permission of Universal Tax, Inc. is strictly prohibited.
The license granted to you is subject to this Agreement and does not include any right to (a) sell, mirror, frame, resell or commercially use our Services or Content; (b) copy, reproduce, distribute, publicly perform or publicly display any Services or Content; (b) modify, or create derivative works based on, the Services or Content; (c) remove or alter any proprietary rights notices or markings on or in the Services or Content; (d) use any data mining, robots or similar data gathering or extraction methods in relation to the Services or Content; (e) use our Services or Content other than for their intended purposes; (f) transmit any viruses, malware, or other malicious code or software through the Services or otherwise interfere or attempt to interfere with the normal operation of the Services; (g) attempt to gain unauthorized access to Universal Tax, Inc. or any third party’s systems, networks, or data; (h) use the Services to transmit any fraudulent information, create any false identity, or misrepresent your identity; or (i) otherwise use the Services or Content in violation of any applicable law. Any use of our Services or Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the permissions granted in this Agreement.
Universal Tax, Inc.® and the associated logos and any other Universal Tax, Inc. service names, logos or slogans that may appear on the Services are trademarks of Universal Tax, Inc. and our licensors and may not be copied, imitated or used, in whole or in part, without our or the applicable trademark holder’s prior written permission. You may not use metatags or other “hidden text” utilizing ” Universal Tax, Inc.” or any other name, trademark or product or service name of Universal Tax, Inc.. In addition, the look and feel of the Services, including, without limitation, all page headers, custom graphics, button icons and scripts, constitute the service mark, trademark or trade dress of Universal Tax, Inc. and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Services are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder.
You agree that you are responsible for submitting accurate and complete information while preparing your tax return and for reviewing your tax return for indications of obvious errors prior to electronically filing or printing your return. Universal Tax, Inc. may, but is under no obligation to, make certain non-substantive (e.g., formatting) changes to your return in conformance with various e-filing requirements and standards. You are also responsible for acquiring and maintaining all equipment, computers, software and communications or Internet services (such as data or long distance phone charges) relating to your access and use of the Services, and for all expenses relating thereto (plus applicable taxes). You must use your valid form of payment to pay all fees and charges related to the Services and, except as otherwise provided herein, all fees and charges are non-refundable. You are responsible for meeting any tax filing deadlines. We cannot guarantee how long it will take to complete and file your return, so you are responsible for preparing your return early enough to ensure it can be filed before any applicable deadlines.
By creating a Universal Tax, Inc. account, you consent to receive electronic communications from Universal Tax, Inc. (e.g., via email or by posting notices on our Services). These communications may include notices about your account (e.g., payment authorizations, password changes and other transactional information) or legal notices and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.
Electronic Filing Services
If you choose to file your return electronically, your tax return will be forwarded to Universal Tax, Inc. Electronic Filing Center, where it will be converted to and stored in a standardized format and, then, transmitted to the applicable federal or state taxing authority. Universal Tax, Inc. cannot guarantee that the taxing authority will accept your return, as rejections may occur due to circumstances beyond Universal Tax, Inc. control (e.g., incorrect user information, malfunction of the taxing authority’s system, etc.). Your e-filing fee, if any, is non-refundable even if your return is rejected by the taxing authority. You are responsible for verifying the status of your return to confirm that it has been received and accepted by the applicable taxing authority and, if necessary, for filing it manually. The Internal Revenue Service (IRS) requires Universal Tax, Inc. to provide notification to it of information relating to your use of the Services, such as notice of your electronic filing of your tax return, of the Internet Protocol (IP) address and other device information of the computer from which your return originated, and of whether your email address was collected. By using the Services to prepare and submit your tax return, you consent to the disclosure to the IRS and any other tax authority, revenue authority, or other governmental authority with jurisdiction of all information pertaining to your use of the Services. You agree that Universal Tax, Inc. 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.
Universal Tax, Inc. has the right at any time and for any reason to modify or discontinue the Services or any aspect or feature of the Services, including but not limited to their Content, functionality or hours of availability, the equipment needed for its access or use, or pricing. In addition, Universal Tax, Inc. reserves the right, at any time, to change the terms of this Agreement. If Universal Tax, Inc. makes changes to this Agreement, Universal Tax, Inc. will provide you with notice of such changes, such as by sending an email, posting a notice on the Services or updating the date at the top of this Agreement. Your continued use of the Services after any such changes will confirm your acceptance of the then-current version of this Agreement. For avoidance of doubt, Universal Tax, Inc. posting a notice or updating the terms of this Agreement for the then current tax year will not amend or modify the terms for any prior tax year unless the terms expressly indicate prior year terms are also amended or modified. If you do not agree with any such changes, you must immediately discontinue your use of the Services.
Limited Warranty for Universal Tax, Inc Products
Universal Tax, Inc. warrants the accuracy of its calculations to registered users of its consumer (not professional or small business) tax filing products. If you are a registered user of one of these consumer products and you (a) e-file your return (b) are not a current and former employees of Universal Tax, Inc. or any other company offering tax return preparation products, and (c) either ultimately receive a smaller tax refund, ultimately owe a larger tax liability, or pay an IRS penalty solely because of a calculation error within the product and not as a result of, among other things, your failure to enter all required information accurately, your overriding of the results of calculations generated by the product, your willful or fraudulent omission or inclusion of information on your tax return, your misclassification of information on your tax return, or your failure to file an amended return to avoid or reduce your penalty after Universal Tax, Inc. has announced updates or corrections to its products, then Universal Tax, Inc. will (i) pay to you the amount of the difference attributable to any smaller tax refund ultimately received or larger tax liability ultimately owed as compared to the amount determined without error by another tax preparation product using the same data; and (ii) pay to you the original assessment amount of the IRS penalty and interest paid by you to the IRS.
Third Party Offerings
THE SERVICES AND CONTENT MAY CONTAIN LINKS TO, OR INFORMATION REGARDING, THIRD PARTY WEBSITES, PRODUCTS, OR SERVICES (COLLECTIVELY, “THIRD PARTY OFFERINGS”). Universal Tax, Inc. OFFERS SUCH LINKS AND INFORMATION FOR YOUR CONVENIENCE, BUT DOES NOT CONTROL OR ENDORSE ANY THIRD PARTY OFFERINGS. YOU AGREE THAT Universal Tax, Inc. IS NOT LIABLE FOR THE CONTENT, ACCURACY, FUNCTIONALITY, OR ANY OTHER ASPECT OF ANY THIRD PARTY OFFERINGS AND THAT Universal Tax, Inc. IS NOT RESPONSIBLE FOR THE ACTS, OMISSIONS, POLICIES, OR PROCEDURES OF ANY SUCH THIRD PARTY. ANY TRANSACTIONS THAT YOU CHOOSE TO ENTER INTO WITH ANY THIRD PARTY IS BETWEEN YOU AND THE APPLICABLE THIRD PARTY, AND Universal Tax, Inc. WILL NOT BE A PARTY TO OR HAVE ANY LIABILITY WITH REGARDS TO SUCH TRANSACTIONS.
Disclaimer of Warranties
EXCEPT AS EXPRESSLY PROVIDED BY Universal Tax, Inc. TO THE CONTRARY, THE SERVICES AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Universal Tax, Inc. AND ITS PARENT, SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, CONSULTANTS, AGENTS, ASSIGNS, LICENSORS, DISTRIBUTORS, ADVERTISERS, WEB-LINK PROVIDERS, DEALERS OR SUPPLIERS (COLLECTIVELY, THE “PARTICIPATING PARTIES”) DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE SERVICES, CONTENT, AND RELATED MATERIALS, INCLUDING, WITHOUT LIMITATION, THEIR FITNESS FOR A PARTICULAR PURPOSE, THEIR QUALITY, THEIR MERCHANTABILITY, AND THEIR NON-INFRINGEMENT.
Universal Tax, Inc. DOES NOT WARRANT THAT THE SERVICES ARE ACCURATE, COMPLETE OR FREE OF ERRORS, INTERRUPTIONS, VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES WILL BE AVAILABLE 24 HOURS PER DAY, SEVEN DAYS PER WEEK. YOU FURTHER 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 TRANSMITTING INFORMATION TO THE TAXING AUTHORITIES CAN BE UNPREDICTABLE AND MAY, FROM TIME TO TIME, INTERFERE WITH OR PREVENT ACCESS TO THE SERVICES OR THEIR OPERATION. Universal Tax, Inc. IS NOT IN ANY WAY RESPONSIBLE FOR ANY SUCH INTERFERENCE WITH, OR PREVENTION OF, YOUR USE OF OR ACCESS TO SERVICES BEYOND THE REASONABLE CONTROL OF Universal Tax, Inc.
Universal Tax, Inc. DOES NOT PROVIDE TAX ADVICE. ANY INFORMATION CONTAINED ON THE Universal Tax, Inc. WEBSITE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY, AND YOU ARE RESPONSIBLE FOR CONSULTING WITH YOUR OWN PROFESSIONAL TAX ADVISORS CONCERNING YOUR SPECIFIC TAX CIRCUMSTANCES. Universal Tax, Inc. DISCLAIMS ANY RESPONSIBILITY FOR THE VALIDITY, ACCURACY, OR ADEQUACY OF ANY POSITIONS TAKEN BY USERS IN THEIR TAX RETURNS. ALL WARRANTIES OR GUARANTEES GIVEN OR MADE BY Universal Tax, Inc. 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.
Limitation of Liability and Damages
EXCEPT AS PROVIDED UNDER THE LIMITED WARRANTY FOR Universal Tax, Inc. PRODUCTS DESCRIBED ABOVE, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF Universal Tax, Inc. AND THE PARTICIPATING PARTIES (JOINTLY) FOR ANY REASON SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE SERVICES AND CONTENT.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER Universal Tax, Inc. NOR THE PARTICIPATING PARTIES WILL BE 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), OR OTHERWISE, EVEN IF Universal Tax, Inc. OR THE PARTICIPATING PARTIES 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.
THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE Universal Tax, Inc. OR THE PARTICIPATING PARTIES’ LIABILITY FOR PRODUCT LIABILITY CLAIMS THAT ARISE IN CONNECTION WITH THE ACCESS OR USE OF THE SERVICES OR FOR Universal Tax, Inc. OR THE PARTICIPATING PARTIES’ GROSS NEGLIGENCE, FRAUD, OR INTENTIONAL, WILLFUL, MALICIOUS, OR RECKLESS MISCONDUCT.
Dispute Resolution; Binding Arbitration
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Universal Tax, Inc. and limits the manner in which you can seek relief from us. Except for small claims disputes in which you or Universal Tax, Inc. seek to bring an individual action in small claims court located in the county of the defendant’s billing address or disputes in which you or Universal Tax, Inc. seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and Universal Tax, Inc. waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Services resolved in court. Instead, all disputes arising out of or relating to these Terms or our Services will be resolved through confidential binding arbitration held in Dallas County, Texas in accordance with the Streamlined Arbitration Rules and Procedures (“Rules“) of the Judicial Arbitration and Mediation Services (“JAMS“), which are available on the JAMS website and hereby incorporated by reference. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.
You and Universal Tax, Inc. agree that any dispute arising out of or related to these Terms or our Services is personal to you and Universal Tax, Inc. and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.
You and Universal Tax, Inc. agree that these Terms affect interstate commerce and that the enforce-ability of this Section will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. You and Universal Tax, Inc. agree that for any arbitration you initiate, you will pay the filing fee and Universal Tax, Inc. will pay the remaining JAMS fees and costs. For any arbitration initiated by Universal Tax, Inc., Universal Tax, Inc. will pay all JAMS fees and costs. You and Universal Tax, Inc. agree that the state or federal courts of the State of Texas and the United States sitting in Dallas County, Texas have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
ANY CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT OR OUR SERVICES OR CONTENT MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM AROSE; OTHERWISE, THE CLAIM IS PERMANENTLY BARRED, WHICH MEANS THAT YOU AND Universal Tax, Inc. WILL NOT HAVE THE RIGHT TO ASSERT THE CLAIM.
You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section by sending an email to email@example.com. In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with the following Section (Jurisdiction and Venue).
Jurisdiction and Venue
THE VALIDITY AND PERFORMANCE OF THIS AGREEMENT SHALL BE GOVERNED BY TEXAS LAW (WITHOUT REFERENCE TO CHOICE OF LAW PRINCIPLES), AND APPLICABLE FEDERAL LAW. ANY DISPUTE BETWEEN THE PARTIES THAT IS NOT SUBJECT TO ARBITRATION OR CANNOT BE HEARD IN SMALL CLAIMS COURT WILL BE RESOLVED IN THE STATE OR FEDERAL COURTS OF TEXAS AND THE UNITED STATES, RESPECTIVELY, SITTING IN DALLAS COUNTY, TEXAS