THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION CLAUSE THAT LIMITS YOUR RELIEF. READ THE MANDATORY ARBITRATION SECTION CAREFULLY
CONDITIONS OF USE
You must have reached the age of majority in your jurisdiction of residence or older to use the Online Services or must have the agreement of your parent/legal guardian to be bound to these terms on your behalf. The Online Services are provided solely for the use of current 2290s.com customers to assist them in the collection of data; preparation of tax returns and e-filing of certain taxes exclusively for and with 2290s.com and may not be used by any other persons or entity, or for any other purpose. Use of any aspect of the Online Services or its information for the benefit of third parties is expressly prohibited
IRS Authorized E-File Providers further agree to abide by all IRS requirements for Taxpayer signature authentication and verification. It is the IRS Authorized E-File Providers’ responsibility to acquire and maintain Form 8853-EX or 8879-EX in accordance with instructions for their use and with Pub.1345 and Pub 4163 where applicable. It is the nature of tax filings that rates and forms are changed by the taxing entity from time to time. It is the responsibility of the taxpayer to cooperate with and respond promptly to any communications from 2290s.com regarding such changes.
By downloading, accessing, or using the Online Services, including through using the services to make a purchase, you are indicating your: (i) acceptance of, and agreement to be legally bound by, all of the terms and conditions of this Agreement; and (ii) consent to the installation of any software including, but not limited to, scripts, browser plugins, applets, and mobile applications as part of the Online Services on the computer or mobile device you are using to access the Online Services. If you do not accept and agree to this Agreement, you must not install, access or use the Online Services.
MODIFICATION OF AGREEMENT
2290s.com reserves the right, in its sole and absolute discretion, to modify all or any portion of this Agreement at any time without incurring any liability or obligation whatsoever to you or any other person or entity. If we modify the Agreement, we will post the changes to the Agreement and will indicate the date this Agreement was last revised. Your continued use of the Online Services after any such changes constitutes your (and your parent’s or legal guardian’s on your behalf, if you are under the age of majority in your jurisdiction of residence) acceptance of, and agreement to be legally bound by, this Agreement, as revised. It is your sole responsibility to regularly check the Agreement to determine if there have been any changes to the Agreement and to review such changes.
PROVIDER OF ONLINE SERVICES
You acknowledge that some or all the Online Services may be provided by one or more service providers (individually and/or collectively “Service Provider”), where any Service Provider is a third party to this agreement. This agreement is between you and 2290s.com, not Service Provider.
To use the Online Services, you may also be required to agree to be bound by terms and conditions specified by the Service Provider. You represent and warrant to 2290s.com that as a condition of using the Online Services you will abide by any required terms and conditions specified by the Service Provider.
In addition to other disclaimers and exclusions contained in this Agreement, 2290s.com expressly disclaims to the maximum extent permitted by law: (i) any and all liability related to the Online Services involving “content,” as defined in the ONLINE SERVICES AND CONTENT section herein, which belongs to Service Provider; (ii) any and all liability related to maintenance or support with respect to the Online Services provided by Service Provider; and (iii) any and all liability related to claims with respect to product liability, intellectual property rights, consumer protection, privacy, or failure to conform to any applicable legal or regulatory requirement involving Service Provider’s conduct or content.
ONLINE SERVICES AND CONTENT
You acknowledge that content may be made available to you through the Online Services, including, but not limited to, information, comments, data, software (whether applications, scripts, plug-ins or applets), photographs, graphics, text, sound, images and other material (“Content”). All content is owned by 2290s.com, Service Provider, or another third party. Content is protected by copyright laws, trade-mark laws, other intellectual property laws and treaties, in the United States, and world-wide, and all rights therein are reserved by their respective owners. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part, except as expressly allowed by this Agreement or applicable law (including, without limitation, U.S. copyright, trademark and patent law). Subject to the terms and conditions of this Agreement, we grant you a non-exclusive, non-transferable, limited right to access, use and display this Site and the materials thereon.
Your use of the Online Services does not grant or transfer to you any ownership or other rights in the Online Services or the Content, and except as expressly provided, nothing herein or within the Online Services shall be construed as conferring on you or any other person, any license under any of 2290s.com’s, Service Provider’s, or any third party’s intellectual property rights. Any rights not expressly granted to you in this Agreement are expressly reserved by 2290s.com. For greater certainty, you agree that you will not take any action that is inconsistent with 2290s.com’s ownership of any portion or all of the Online Services and Content, or with Service Provider’s, or any third party’s ownership of any portion or all of the Content. You are hereby expressly prohibited from removing any proprietary notice of 2290s.com, Service Provider, or any third party, from any copy of the Online Services or Online Services Content.
2290s.com does not accept ideas, concepts, or techniques for new services or products. If such information is received, it will not be considered confidential and 2290s.com will be deemed free to use, communicate and exploit such information in any manner it chooses.
ONLINE SERVICES DISCLAIMERS
2290s.com provides you with access to the Online Services on an “as is” and “as available” basis only, and, to the maximum extent permitted by law, excludes all representations, warranties, conditions and other terms. 2290s.com does not warrant that the Online Services or any content will be uninterrupted or error-free, that defects will be corrected or that the Online Services or the servers hosting the Online Services will be free of viruses or other harmful components.
ACCURACY AND TIMELINESS OF TAX INFORMATION
You are responsible for the accuracy of the information you submit. In the event your data does not validate to IRS criteria, 2290s.com will make every reasonable effort to contact you so that corrections can be made by you prior to filing. 2290s.com assumes no responsibility or liability for data errors that cause late filing penalties. In the event a filing is completed and you discover changes or corrections need to be made, an amendment will be filed for an additional fee. Meeting the filing deadlines are the responsibility of the Taxpayer or their Paid Preparer, not the responsibility of 2290s.com. Non-substantive corrections may be made by 2290s.com if, in their judgment, it will facilitate an accurate and successful filing with the IRS.
The Online Services, or certain features and/or portions of the Online Services may be password-protected and may require you to complete a registration process in order to obtain access. When registering to use any such features and/or portions of the Online Services, you agree: (i) that you will provide complete and accurate information about yourself; and (ii) to update such information if it changes. In the event that you do not provide or update such information, or if we have reasonable grounds to suspect that you have not provided or updated such information, we shall have the right, in our sole and absolute discretion, to disable your username and/or password and prevent you from using the Online Services, or any features or portions of the Online Services. You agree to be responsible for: (a) the accuracy of all information that you provide to us; (b) maintaining the confidentiality and security of any passwords or other account identifiers that you choose or that are otherwise assigned to you; and (c) all activities that occur under such password(s) or account(s). It is your responsibility to keep your username, which may be your e-mail address, and any password that you register or that is provided to you confidential and secure. You agree to ensure that you exit from your 2290s.com session at the end of each visit. In the event that your username or password is used without your consent or that you discover any other breach of security, you agree to promptly notify 2290s.com.We are not responsible for your failure to comply with this clause, or for any delay in shutting down your account after you have reported a breach of security to us. You are solely responsible for any and all activities which occur under your user account.
ORDERS AND PAYMENT
Any orders made through the Online Services are subject to any terms and conditions outlined in the Online Services relating to the purchase in question in addition to these terms and conditions.
Pricing and other terms and conditions relating to a purchase may be changed at any time without notice. Prices may differ from those for purchases made through other channels. We reserve the right to change the prices offered through the Online Services at any time. You have a legal obligation to pay for any orders that appear to be made by you or through your account.
By completing a purchase transaction (“Order”) through the Online Services, you are agreeing to pay, in full, the prices and all applicable taxes and specified fees in relation to your Order, either by credit card or other permitted payment method as we may make available through the Online Services. Payments are processed by third party service providers. We reserve the right to change the permitted methods of payment, including without limitation, the credit cards accepted, at any time. If complete payment for your Order is not received and verified by us, your Order will not be processed. If you do not complete or improperly complete your Order, it may not be accepted or acknowledged. We reserve the right to verify the validity of all Orders and cancel any Order if we find any evidence of fraud, tampering and/or any other violation of this agreement.
RESTRICTIONS AND GEOGRAPHIC LIMITATIONS
The Online Services are provided for access and use only by persons located in the United States or Canada. You acknowledge that you will not attempt to use the Online Services or access any services through the Online Services outside of the United States or Canada. The use of the Online Services is subject to the law of the United States and by accessing services through the Online Services from Canada you agree and acknowledge that you are subject to United States’ law and the provisions of the Governing Law section herein.
You agree as a condition of using the Online Services, that you will not yourself, or cause any others to do any of the following:
- use, copy, modify, download or transfer the Online Services or any component of the Online Services (including, without limitation, the Online Services Content), in whole or in part, except as expressly provided in this Agreement;
- (i) reverse engineer, disassemble, decompile, or translate the Online Services; (ii) attempt to derive the source code of the Online Services;(iii) create any derivative work from the Online Services; and/or (iv) authorize or assist any third party to do any of the foregoing.
- use the for any commercial purpose of your own or to benefit another, including rent, lease, loan, resell for profit, or distribute the Online Services, or any part thereof;
- remove or alter any proprietary notice or legend regarding 2290s.com’s, or any third party’s, proprietary rights in the Online Services;
- use the Online Services except in accordance with applicable laws and regulations; and/or
- use the Online Services: (i) to defraud any third party; (ii) to distribute obscene or other unlawful materials or information; and/or (iii) to disseminate or encourage conduct that could constitute a criminal offense or give rise to civil liability.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE Online Services AND Online Services CONTENT (INCLUDING, WITHOUT LIMITATION, ANY INFORMATION) IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY REPRESENTATIONS, CONDITIONS OR WARRANTIES WHATSOEVER. THE ENTIRE RISK ASSOCIATED WITH THE USE OF THE Online Services AND Online Services CONTENT RESIDES WITH YOU. 2290s.COM EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL OTHER REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, NON- INTERFERENCE AND/OR QUIET ENJOYMENT, SYSTEM INTEGRATION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND DATA ACCURACY.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, 2290s.COM MAKES NO REPRESENTATION OR WARRANTY THAT: (I) THE Online Services WILL BE COMPATIBLE WITH YOUR DEVICE AND SOFTWARE; (II) THE Online Services WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR ERROR; (III) THE USE OF THE Online Services, INCLUDING, WITHOUT LIMITATION, THE BROWSING AND DOWNLOADING OF ANY INFORMATION, WILL BE FREE OF ANY VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE, INTRUSIVE OR DISRUPTIVE COMPONENTS; (IV) THE TRANSMISSION OF INFORMATION TO AND FROM THE Online Services WILL BE SECURE; (V) THE USE OF THE Online Services WILL NOT INFRINGE THE RIGHTS (INCLUDING, WITHOUT LIMITATION, INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON; OR (VI) THE USE OF THE Online Services WILL NOT CAUSE ANY DAMAGE TO YOUR DEVICE, SOFTWARE OR ELECTRONIC FILES.
ANY AND ALL INFORMATION CONTAINED ON OR WITHIN THE Online Services IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO PROVIDE SPECIFIC ADVICE AND SHOULD NOT BE RELIED UPON IN THAT OR ANY OTHER REGARD.
THE Online Services ARE OFFERED IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED. THE Online Services AND THE INFORMATION OFFERED THROUGH IT IS NOT OFFERED TO ANYONE IN ANY JURISDICTION IN WHICH SUCH AN OFFER CANNOT LEGALLY BE MADE, OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE SUCH AN OFFER.
2290s.COM WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES WHATSOEVER ARISING FROM, CONNECTED WITH, OR RELATING TO THE Online Services OR Online Services CONTENT. YOU EXPRESSLY ACKNOWLEDGE THAT 2290s.COM HAS ENTERED INTO THIS AGREEMENT WITH YOU AND MAKES THE Online Services AVAILABLE TO YOU, IN RELIANCE UPON THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND 2290s.COM. YOU EXPRESSLY AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN WILL SURVIVE AND CONTINUE TO APPLY IN THE CASE OF THE FAILURE OF ESSENTIAL PURPOSE OF CONTRACT, THE FAILURE OF ANY EXCLUSIVE REMEDY, OR TERMINATION OF THIS AGREEMENT.
2290s.com expressly disclaims and excludes all warranties regarding the functioning of the Internet whether express or implied, including but not limited to, the implied warranties of merchantability and fitness for a particular purpose. 2290s.com recognizes that filing deadlines for tax returns exist and are the sole responsibility of the Customer. A filing deadline is met when the customer’s tax return is ACCEPTED by the IRS – not when the Customer submits their information for filing. 2290s.com will not be held responsible for penalties, fees or interest that results due to tax returns being accepted by the IRS after the filing deadline.
At our request, you agree to defend, indemnify, and hold harmless 2290s.com, its parent and other affiliated companies, and their employees, contractors, officers, and directors, and Service Provider from any and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, expenses (including legal fees and disbursements on a solicitor-client basis) that arise from the your use or misuse of the Online Services (including mobile purchases or payments), violation of these Terms, or violation of any rights of a third party. 2290s.com reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the you, in which event you will cooperate in asserting any available defenses.
This Agreement is governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or the Online Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of California in each case located in the City of Los Angeles and Los Angeles County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. THIS PROVISION REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM THE COMPANY. Any controversy, dispute, or claim arising out of or relating to this Agreement shall be settled by binding arbitration by the American Arbitration Association (“AAA”) in accordance with the AAA’s Commercial Arbitration Rules. Arbitration shall be conducted in Los Angeles before an arbitrator who is an attorney licensed in California. If the parties cannot agree upon an arbitrator, the AAA shall appoint the arbitrator according to AAA’s selection procedures. Judgment upon any award of the arbitrator may be entered in any court having jurisdiction thereof (such judgment to include an award of reasonable attorneys’ fees and expenses, including the expense of arbitration, to the prevailing party). Notwithstanding the foregoing, any party to this Agreement may seek any appropriate equitable relief, including injunction, to which it may be entitled.
If you breach any provision of this Agreement you may no longer use the Online Services. We may, in our sole discretion, change, suspend or terminate, temporarily or permanently, the Online Services or any part thereof or any of its features at any time, for any reason, without any notice or liability to you or any other entity. If this Agreement or your permission to use the Online Services is terminated by us for any reason, the agreement formed by your acceptance of this Agreement will nevertheless continue to apply and be binding upon you in respect of your prior use of the Online Services and anything relating to or arising from such use. If you are dissatisfied with the Online Services, then your sole and exclusive remedy is to discontinue using the Online Services.
SEVERABILITY AND ENTIRE AGREEMENT
If any provision of this Agreement by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
This Agreement constitutes the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract.