User Agreement

The "Site" is defined collectively as any website operated by us, including without limitation MyFreeTaxReturn.com and any related provider-operated websites that power the System. The "System" is defined as the aggregate of all of the products purchased by you, the data handling, acquisition, and delivery software, and the ancillary facilities utilized for transmission and electronic and manual manipulation of the acquired and complemented data, within the known limitations described in the limitations and capabilities document accessible via our home page using the link "Forms Supported." We provide the System for preparation of tax returns.

The System includes all products you purchase on our website. The System will provide the functions required to construct your tax return based on the information you submit. The System assumes that you are familiar with the laws, rules and regulations pertaining to preparation of personal income taxes. In certain cases you may be referred to government forms and publications available online, which may be referenced through our supporting pages.

You may use the System solely for personal use. You may file your own return plus up to four additional returns for family members or others (maximum five total), as permitted by the IRS.

IRS and state laws prohibit charging fees for returns prepared using this System. Violations immediately void your account.

We are not providing you tax advice or preparation assistance, and we have not inspected or verified the source, form, or content of the information you are inputting and we will have no responsibility pertaining to government audits, tax increases, penalties, interests, assessments, or any other obligations arising from your tax preparation and filing. We do not guarantee that your return or submissions will be accepted for processing and not rejected by the government. You are responsible for verifying the status of your return.

This is a fee-based System. Our prices are listed on our Features & Pricing page. By accepting this Agreement, you agree to the pricing and other terms set forth on our site. We earn our fee when we construct your return and you authorize payment. You are responsible for reviewing the accuracy of the information and summary of the constructed return before authorizing payment.

You may correct and resubmit rejected returns online during the same normal tax season without our intervention, for no additional fee owed to us, provided that the errors can be corrected and have been corrected by you. We have the right to disallow repeated submissions with erroneous or incorrect information, normally after three times. If your payment is returned, rejected, or dishonored, we may charge additional surcharges. If our records indicate you have an outstanding balance with us, you will not be able to complete a new transaction on our System until the outstanding account is settled to our satisfaction.

If required, we will provide an electronic postmark (ePostmark) for the return upon completion and when we have received our fee for use of the System and our services. This ePostmark will also be included in the confirmation code delivered to you onscreen at the conclusion of your session. We cannot guarantee that this ePostmark will be honored by the government, so we recommend that you do not rely on it to prove timeliness of your filing. This ePostmark is based on our System clock, which is intended to be consistent with the local time in California, USA.

Disclaimer of Warranties

Should the System prove defective following purchase, the buyer assumes the entire cost of necessary remedial action. Without limiting the above, no warranties are made regarding the timeliness of a filed return or as to the performance of the System or otherwise. This is an online system that requires the assistance of Internet resources which may not be available with full or optimum functionality at all times. Therefore, the availability of the System may be interrupted, delayed, or otherwise limited for a variety of reasons, including environmental conditions, scheduled maintenance, unavailability of phone or internet connectivity, system capacity, access limitations imposed by government agencies in the event of a disaster or emergency, coordination with other systems, equipment modifications and repairs, problems with the facilities of connecting carriers, and other circumstances.

We expressly disclaim all warranties regarding the suitability, security, reliability, timeliness, and performance of the System and our services and, to the fullest extent permitted by law, disclaim all warranties, whether express or implied, including warranties of merchantability and fitness for a particular purpose, title, non-infringement of intellectual property rights, availability of telecommunication services, access to the System at any particular time or from any particular location, and the accuracy, reliability, quality or content in or linked to the System. We do not warrant that the System is secure or will be free from bugs, viruses, or errors. If the exclusion of implied warranties does not apply to you, any implied warranties are limited to 90 days from the date of filing of your return unless a longer time period is expressly required by law.

Limitation of Liability

To the maximum extent allowable by law, we, our affiliates, and providers are not liable for any of the following: special, indirect, exemplary, consequential, or punitive damages; personal injury, property damage, damages related to loss of business or profits, business interruption, cost of substitute goods, loss or theft of data; failures of telecommunications, internet access, electronic communications, or access to the System for any reason; corruption, security issues, viruses, spyware, system failures, or use of hardware or software that does not meet system requirements; or any combination of the above, whether based on breach of warranty, breach of contract, negligence, strict liability, tort, or any other legal theory.

These exclusions apply even if we, our affiliates, or providers are aware of the possibility of such damages. This Agreement sets forth our, our affiliates', and our providers' entire liability and your exclusive remedies with respect to our services and to the System and its use, and you are precluded from seeking any other damages against us, our affiliates, or any third-party providers, to the fullest extent permitted by law.

Indemnity

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless us, and any of our officers, directors, owners, third party providers, employees, agents, affiliates, successors and assigns harmless from any and all claims, liabilities, demands, judgments, suits, actions, damages, losses, penalties, fines, costs, and expenses including reasonable attorney's fees brought by a third party arising from or related to, either directly or indirectly, (1) your use of the System or our Site, (2) your dealings with us, (3) any breach by you of this Agreement, our Privacy Policy, Website Terms of Use, or Service Agreement for Tax Professionals, or (4) any combination of the above.

Your indemnity obligations cover any Claims arising from or related to any combination of (1) through (4) above, including, without limitation, any requests submitted to us, any requests for disclosure or deletion of personal information, and any unauthorized access to our website or computer systems obtained or facilitated through your computer or other electronic device. We reserve the right to assume the defense and exclusive control of any Claims subject to indemnity, and you agree to reasonably cooperate as requested in connection with the defense of any Claims. Any warranty disclaimers, damage limitations, and indemnity obligations in this Section 6 survive any termination or expiration of this Agreement.

California law governs this Agreement, regardless of your location, and regardless of any applicable rules governing conflicts of law. If any disputes arise, and the total amount of your individual claims in dispute is more than $10,000.00, the claims shall be submitted to binding arbitration. The party seeking arbitration must first send, by U.S. certified mail, a written notice of dispute to the other party. The notice must describe the nature and basis of the claim or dispute and set forth the specific relief sought. The parties then shall attempt in good faith to informally resolve the dispute.

If no resolution is reached within 30 days after the notice is received, either party may commence an arbitration proceeding in accordance with the Streamlined Arbitration Rules and Procedures of JAMS. The arbitration shall be conducted in Ventura County, California, before a single arbitrator. The fees of the arbitrator are shared equally between the parties unless otherwise required by arbitration rules or applicable law. Nothing in this paragraph limits your rights to assert any individual claim in accordance with this Agreement. Except as otherwise provided, the state and federal courts for Ventura County, California are the exclusive forums for any dispute arising out of or related to this Agreement.

If the offers and terms provided here are in conflict with any of the laws, rules or regulations of the jurisdictional entities controlling your relationship with the System, or if the offering of or the use of such an online system is restricted or prohibited by the controlling jurisdiction, or if your use of the System constitutes our doing business in that jurisdiction, or doing business in this online format requires special registrations, permits, licenses, authorizations, or similar approvals, you are not authorized to use this System.

We are not responsible for late filings. To avoid penalties, obtain extensions for returns submitted after April 5th or ten days before the e-filing deadline, whichever is earliest.

You must provide all the necessary information and disclosures for us to format, prepare, and/or transmit your return. You agree not to submit false information such as name, phone number, email, or address when using the System.

In the event you provide incomplete, incorrect, or false information, at our option, we may contact you by email for clarification, or choose to disregard your request for filing without notice to you, at our sole option. Customer service communication will be through email. You may contact us via [email protected]. The information we obtain from you will be used to construct and transmit your return, to collect our fees, to develop statistical profiles, and to mitigate abusive use of the System.

We will also comply as required by law with any demand, summons, order or subpoena of any court, grand jury, administrative or regulatory agency, body or commission, law enforcement agency or otherwise, and will comply with any written requests for your information that are in compliance with applicable laws, rules, and regulations. You are consenting to our use of your provided information for these stated purposes by accepting this Agreement. Your payment information will be provided to our payment processor, to your financial institution, and to our financial institution for the collection of our fees. Our payment processor may use others who clear the transactions as the clearinghouse or other parties in connection with processing of fees.

Government rules and regulations prescribe that eFiled returns and online returns contain additional information not required on paper returns. This additional information provides improved verification and identification and prevents fraudulent activities. The additional information may include, without limitation, birth dates, email addresses, ePostmark, online indicators, and IP addresses. If you apply for bank and financial institution products, or qualify for special free state filing programs, a special indicator may be placed in the eFile of your return as it is transmitted to the respective agencies. By agreeing to the use of this System to prepare, construct and submit your tax return, you consent to the disclosure of all collected and collectible information by us to the Internal Revenue Service and applicable state or local government tax and other authorities as may be required by any of them.

You are responsible for protecting your device through anti-virus software, updates, password protection, and access restriction.

Data in transit is protected by two-key (public and private) encryption, verified by trusted certificate authorities. Data is also encrypted at rest on our servers.

You agree not to sell, reproduce, modify, copy, trade, lease, or resell the System or make it available on file-sharing or application hosting services.

We may modify this Agreement at any time. The modified Agreement must be accepted upon login. Non-acceptance prevents System access. Continued use after changes constitutes acceptance.

You consent to electronic signatures per the U.S. E-SIGN Act (15 U.S.C. § 7001). Your electronic acceptance is legally equivalent to a manual signature. We may deliver Communications via email, website, or paper at our discretion.

For purposes of this section, "Communications" means each disclosure, notice, agreement, fee schedule, statement, record, document, and other information we provide to you or that you sign, submit, or agree to at our request, and also includes any notices, documents, disclosures, information and other communications as may be required by any laws, rules, regulations, or any governmental authority. Your consent covers all Communications relating to any MyFreeTaxReturn.com product if you have affirmatively consented to receive such records electronically by signing this Agreement and have not withdrawn such consent.

We may deliver Communications to you in electronic form by email, by access to a website we designate in an email notice, or by access to a website we generally designate in advance for such purpose. In our sole discretion, we may always deliver any Communication in writing, even if you have selected to receive it electronically. If the law or our agreement with you requires that you give written notice to us, you must still provide those notices on paper unless we specifically tell you in a separate Communication how you can deliver that notice electronically. There may be laws, rules, or regulations that require the use of electronic Communications in order to use one or more products or the System. If you withdraw your consent, you may be unable to continue to use the System to the fullest extent allowable by law. Please visit the IRS website at irs.gov for other options for filing your tax returns which do not require electronic Communications.

Technical requirements include internet access, an email address, the ability to view and retain PDFs, and hardware and software capable of receiving, accessing, displaying, and either printing or storing Communications. You are responsible for giving us your true, accurate, and complete email address, contact, and other information related to this Agreement and your account and for maintaining and promptly updating any changes in this information.

By providing an email or cellular phone number, you expressly consent to receive commercial emails, text messages, and/or mobile service messages from us, or our authorized agents, vendors, business partners, contractors, or affiliates for marketing and other commercial purposes. You are not required to consent to receipt of advertising or telemarketing text messages, emails, or mobile service messages as a condition of purchasing any property, goods, or services.

The scope of this consent includes any contact related to or arising out of this Agreement, or any use of the Website, the System, or any commercial or marketing materials, or related products and services that we may believe is appropriate for you to consider. This consent can be withdrawn at any time only as set forth in this section or by following the opt out procedures set forth in the text, mobile service message, or email communication received from us. To permanently cease automated messages from us to specific phone numbers or email addresses, you must log into your account and send us a secure message specifying which contact details should no longer receive such messages or follow the opt out procedure set forth in the message.

We may utilize regular mail, email, facsimile, text, or other reasonable means of contact to advise about our services, including updates, customer service-related notifications, or other matters that may be of interest to you. We will not contact you using any methods of communication for marketing purposes unless you sign this Agreement, which provides a prior express written agreement authorizing such communication.

To the fullest extent permitted by law, we can restrict your access to the System at any time without your consent if any of the following occur:

• 1. Any information you provide is inaccurate or false.
• 2. Any of your payments are overdue or returned to us unpaid.
• 3. You fail to cooperate in updating any information or fail to provide timely and accurate information.
• 4. We determine, in our sole discretion, that your use of the System violates this Agreement, is improper or substantially exceeds or is different from normal use by other users, raises suspicion of fraud, misuse, illegal activity, security concerns, or unauthorized access issues, or any combination of the above.
• 5. We are requested by any governmental or other authority to provide information as further provided in Section 10 regarding any of your returns, and/or are requested to block or restrict access to any of your returns.
• 6. You no longer agree to receive electronic Communications, unless otherwise prohibited by law.

By accepting this Agreement, you acknowledge and consent to our right to restrict your access to the System and any Product to the fullest extent permitted by law.

If any portion of this Agreement is found by any court or governmental authority having jurisdiction to be invalid, that section will be removed without affecting the remainder of the Agreement to the fullest extent permitted by law provided that the remaining terms and conditions of this Agreement for each party remain valid, binding, and enforceable.

This Agreement, our Privacy Policy, our Website Terms of Use, and all other terms on our website, are the entire agreement between you and us regarding the subject matters thereof and replace all contemporaneous and prior understandings, communications, and agreements, whether written or oral.

You may not assign this Agreement without our prior written approval. If you want to request a transfer of this Agreement, log into your account and send us a secure message. Any assignment in violation of this restriction is void. We may assign this Agreement without your consent to any affiliate, or to any successor in interest due to a merger, reorganization, sale of assets, or similar transaction by us. You or the Company may only waive any provision of this Agreement in a signed writing.

Notices to the Company should be addressed as follows: Attention: CFO, MyFreeTaxReturn.com, 2355 Portola Rd, Ventura, CA 93003, Phone Number: (805) 256-1788, Email: [email protected].