TERMS AND CONDITIONS OF USE
This Terms and Conditions of Use Agreement (“Agreement”) applies to our mobile applications, our online products and services and our websites including but not limited to www.libertytax.com and www.online.libertytax.com/online (collectively, the “Apps and Web Sites”), each of which is offered by JTH Tax LLC dba Liberty Tax Service®. ("Liberty Tax®," “us,” or “we”). This User Agreement is a legally binding agreement between you (“you” or “your”) and Liberty Tax®. By using any of the Apps and Web Sites, you agree to be bound by the following terms. You are responsible for compliance with all applicable laws. You are also subject to the supplemental notices and guidelines that appear on the Apps and Web Sites which may also be updated occasionally. Access to online tax preparation services, and if selected by you, electronic filing services provided on any of the Apps and Web Sites (collectively referred to herein as the "Services") are also subject to the terms of this User Agreement. Please note that Liberty Tax® may change the terms and conditions of use without notice to you. You may not use the Apps and Web Sites if you are under the age of 13.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OF USE, YOU MAY NOT USE ANY OF THE APPS, WEB SITES OR SERVICES.
Use and Registration
You are responsible for acquiring and maintaining all equipment, computers, software and communications services relating to the access and use of the Apps and Web Sites and Services, and for all expenses relating thereto.
In order to use some of our Services, we may require you to register. By registering, you agree to: (1) provide true, accurate, current and complete information as prompted by the applicable registration form and (2) maintain and promptly update the information. If you provide any information that is untrue, inaccurate, not current or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to refuse any and all current or future use of the Services.
During the registration process, you will designate a user name and password. You are responsible for maintaining the confidentiality of the user name and password, and are responsible for all activities that occur under your user name and password, whether or not authorized by you. We may terminate your password or registration at any time.
Our Proprietary Rights, Limited Licenses, Trademarks and Trade Secrets
You should assume that everything that you see and use on the Apps and Web Sites is copyrighted or otherwise protected and owned by Liberty Tax® or some third party who licensed to Liberty Tax® the right to use such material. Unless otherwise expressly noted, nothing that you read or see on the Apps and Web Sites may be copied or used except as provided in these Terms and Conditions of Use.
Provided that you comply with this Agreement and satisfy any applicable payment obligations, we grant you permission to display on your computer, and to print individual pages from, the Apps and Web Sites for your own personal, noncommercial use in evaluating, using or purchasing Liberty Tax®’s services or products. We may revoke this permission at any time. This grant of permission is not a transfer of title, and under this permission you may not:
- use the materials for any commercial purpose or for any public display (commercial or noncommercial);
- use the Apps and Web Sites, or permit any third party to use the Apps and Web Sites, in a manner that violates any applicable law, regulation or this Agreement;
- remove any copyright, or other proprietary notations from the materials;
- modify or create derivative work of any content;
- transfer the materials to another person or "mirror" the materials on any other server;
- Create any hyperlinks to any page of the Apps and Web Sites.
You acknowledge and agree that the Services and any content used in connection with the Services, including any software accessible through the Apps and Web Sites, contain our proprietary and confidential information that is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. "Liberty Tax Service®" and all other product and services names and design logos are our trademarks and/or service marks (the "Liberty Tax Service® Marks"). As between you and us, we shall own all right, title and interest in and to the Services, subject only to the express licenses granted herein.
Subject to the terms of this Agreement, we grant you a personal, non-transferable and non-exclusive right and license to use the Services only on a single computer or terminal. You are not permitted to (and may not allow any third party to) copy, modify, adapt, translate, lease, rent, loan, establish a hyperlink to, frame within any website, distribute, create a derivative work of, reverse engineer, disassemble, decompile, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Services. You agree not to obtain or attempt to obtain unauthorized access to the Services. Without our prior permission, you agree not to display or use the Liberty Tax Service® Marks in any manner. We reserve all patent, copyright, trade secret, trade name, trademark, license and other proprietary rights related to our software, services and products and you shall not infringe upon or violate such rights.
Third Party Web Sites
Liberty Tax® may provide links and pointers to Internet sites maintained by others ("Third Party Sites"). Such links are provided for your reference only. Liberty Tax® does not control or endorse such Third Party Sites and is not responsible for the content of or any products or services offered on those sites.
Disclosure and Use of Submitted Information
If you submit information to us, excluding personal and financial information related to tax preparation, credit card payments, or financial products, but including any comments, remarks, suggestions, ideas, notes, drawings, graphics, concepts or other information, you are giving that information, and all your rights in it, to Liberty Tax® free of charge, and that information will be treated as non-confidential and non-proprietary and may be used by Liberty Tax® for any purpose, without your consent or any compensation to you or anyone else, unless otherwise prohibited by law. This is true whether you submit such information to us by e-mail, through a form on the Apps and Web Sites, on a bulletin board, or in any other manner.
You agree that you will not use the Apps and Web Sites or Services to submit or transmit any material that is unlawful, threatening, libelous, defamatory, obscene, pornographic, profane, or might in any other way violate any law. You are solely responsible for any material you submit to us.
All use of the Apps and Web Sites and Services, excluding personal and financial information related to tax preparation, credit card payments, or financial products, may be intercepted, monitored, recorded, copied, audited, inspected, and shares with government and law enforcement personnel. By using this system, the user consents to such interception, monitoring, recording, copying, auditing, inspection, and disclosure at the discretion of such personnel or officials. Unauthorized or improper use of this system may result in civil and criminal penalties under applicable statutes and administrative or disciplinary action, as appropriate.
Your information may be disclosed to an independent local franchisee if you choose to participate in the office invitation process. You agree by participating in this process that your information can be disclosed to an independent franchisee and that the franchisee can contact you using your information.
Limitation of Liability and Disclaimer of Warranties
We may modify or discontinue, temporarily or permanently, the Apps and Web Sites or Services and may remove content from the Apps and Web Sites or Services, with or without notice to you. We will not be liable to you or to any third party for any modification or discontinuance of the Apps and Web Sites or Services or removal of content from the Apps and Web Sites or Services, including, the late filing of any tax return due to the discontinuation of the Apps and Web Sites or Services.
We have no responsibility or liability for damages or claims relating to your use of the Apps and Web Sites or Services, including but not limited to loss of data.
If you elect to file your tax return electronically, your tax return will be forwarded to us where it will be converted to and stored in a standardized format and, then, transmitted to the applicable federal or state taxing authority. The telecommunications delivery systems used for electronic filing services can be unpredictable in their performance, may negatively impact access to Liberty Tax®’s electronic filing service or other Apps and Web Sites or Services, and we do not guarantee such performance. We cannot guarantee that the taxing authority will accept your return. You are responsible for verifying the status of your return to confirm that it has been received and accepted by the applicable federal or state taxing authority. If necessary, you are responsible for filing your tax return manually. You agree and acknowledge that you are responsible for filing your tax return as early as possible to meet any filing deadlines. You also agree to review your tax return, once prepared, for indications of obvious errors prior to electronically filing or printing your return.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
ALL SERVICES AND APPS AND WEB SITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT AS OTHERWISE STATED HEREIN, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AND ANY WARRANTY FOR INFORMATION, DATA, SERVICES, UNINTERRUPTED ACCESS OR PRODUCTS PROVIDED TO OR IN CONNECTION WITH THE APPS AND WEBSITES OR SERVICES.
LIBERTY TAX® MAKES NO REPRESENTATIONS OR WARRANTIES: (1) ABOUT THE ACCURACY, COMPLETENESS, OR SUITABILITY OF ANY OF THE MATERIAL ON THESE APPS AND WEB SITES, OR ON ANY SITE OR SITES "LINKED" TO THESE APPS AND WEB SITES; (2) THAT THE APPS AND WEB SITES OR THE SERVICES WILL BE AVAILABLE OR UNINTERRUPTED; (3) THAT THE APPS AND WEB SITES OR THE SERVICES WILL BE ERROR FREE; (4) AS TO THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER OR ANY LOSS, DAMAGE OR SECURITY INTRUSTION OF THE TELECOMMUNICATION SERVICES; (5) REGARDING ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES; OR (6) THAT THE APPS AND WEB SITES OR THE SERVICES WILL BE SECURE, OR FREE FROM BUGS, VIRUSES, OR OTHER PROGRAM LIMITATIONS. LIBERTY TAX® FURTHER MAKES NO WARRANTY THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS OR DIRECTIONS ON THE APPS AND WEB SITES.
WARRANTIES, IF ANY, GIVEN OR MADE BY US WITH RESPECT TO THE APPS AND WEB SITES OR 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 OF THIS AGREEMENT.
THIS DISCLAIMER OF WARRANTIES AND LIABILITIES APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OR PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF RECORD OR SERVICES, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION.
Further Limitation of Liability
YOU AGREE THAT LIBERTY TAX®’S MAXIMUM LIABILITY SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR USE OF THE APPS AND WEB SITES OR SERVICES. YOU AGREE THAT LIBERTY TAX® SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (1) THE USE OR THE INABILITY TO USE THE APPS AND WEB SITES OR SERVICES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM THE APPS AND WEB SITES OR SERVICES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR ACCOUNT BY ANYONE OTHER THAN LIBERTY TAX SERVICE®; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE APPS AND WEB SITES OR SERVICES; OR (5) ANY OTHER MATTER RELATING TO THE APPS AND WEB SITES OR SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
THE LIMITATIONS OF DAMAGES AND LIABILITY PROVIDED HEREIN ARE MATERIAL ELEMENTS OF THIS USER AGREEMENT. YOU ACKNOWLEDGE AND AGREE THAT WE WOULD NOT BE ABLE TO PROVIDE THE APPS AND WEB SITES OR SERVICES ON AN ECONOMIC BASIS WITHOUT SUCH LIMITATIONS.
NOTWITHSTANDING ANYTHING IN THIS AGREEMENT, WE HAVE NO RESPONSIBILITY OR LIABILITY FOR DAMAGES OR CLAIMS RELATING TO ANY USE OF OUR PRODUCTS, APPS AND WEB SITES OR SERVICES ON A PROFESSIONAL BASIS, AND YOU AGREE TO INDEMNIFY US AGAINST ANY CLAIMS RELATING TO SUCH USE. YOU ALSO AGREE NOT TO HOLD OR TRY TO HOLD US LIABLE FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF YOUR PARTICIPATION IN THIRD PARTY SERVICES OR PROVISION OF SERVICES TO ANY THIRD PARTY.
United States Only
All materials on these Apps and Web Sites are provided solely for the purpose of promoting Liberty Tax®'s operations, services and products in the United States, its territories, possessions and protectorates. Liberty Tax® makes no representation that the materials on the Apps and Web Sites are appropriate or available for use in other locations. If, despite these conditions, you use the Apps and Web Sites from outside the United States, you are solely responsible for compliance with any applicable foreign or local laws.
Changes to the User Agreement
As our business changes from time to time, this Agreement is expected to change. We reserve the right to amend the Agreement at any time, for any reason, without notice to you, other than the posting of the amended Agreement. We may also change or discontinue the Services, in whole or in part. By continuing to use the Apps and Web Sites or the Services after Liberty Tax® posts any such changes, you agree to be bound by the modified terms of the agreement. If you do not agree to any change, you must immediately stop using and accessing the Apps and Web Sites and Services.
Termination of This Agreement
Liberty Tax® may terminate this agreement at any time, without notice to you, if it believes, in its sole judgment, that your use of the Services violates this Agreement, is improper or substantially exceeds or differs from normal use by other users, raises suspicion of fraud, misuse or security concerns, illegal activity, to protect the integrity of the Services or for convenience.
You may terminate this agreement at any time by destroying all materials received from the Apps and Web Sites and ceasing to use the Apps and Web Sites.
Choice of Law
This User Agreement and the claims of either party against the other will be governed by and construed in accordance with the laws of the Commonwealth of Virginia, excluding its conflict of laws principles.
Each party agrees to submit any and all disputes that in any way relate to or arise out of the Apps and Web Sites or Services, if not resolved between the parties, to binding arbitration before the National Arbitration Forum according to their rules; provided, however, the arbitrator may not vary, modify or disregard any of the provisions contained in this section. Any final decision or award from arbitration under this section will be in writing and reasoned. EACH PARTY AGREES THAT ANY AND ALL DISPUTES MUST BE BROUGHT IN THE PARTY’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. BY ENTERING INTO THIS AGREEMENT, YOU AGREE THAT YOU AND LIBERTY TAX® ARE WAIVING THE RIGHT TO FILE A LAWSUIT AND THE RIGHT TO A TRIAL BY JURY. IN ADDITION, YOU AGREE TO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR LITIGATE ON A CLASS –WIDE BASIS.
Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties agree that the arbitrator should give effect to the parties’ intentions as reflected in the provision, and all other provisions will remain in full force and effect. You may not assign the Agreement or any of your rights or obligations under the Agreement without our express written consent. The terms of this Agreement inure to our benefit and the benefit of our successors, assigns and licensees.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Apps and Web Sites or Services or the terms and conditions contained in this Agreement must be filed within one year after such claim or cause of action arose or the claim or cause of action shall be forever barred.