End User License Agreement
Sprintax.com Terms and Conditions
Please read this agreement carefully as it governs your use of the Sprintax.com software. Sprintax.com is a product that is operated by Taxback, Inc., a corporation organized under the laws of Illinois, located in Chicago, Illinois, USA (“Taxback”).
By clicking acceptance, logging into, accessing or otherwise using any part of the Sprintax.com website or materials (as defined below), or by manifesting your assent to these terms in any other manner, the User (as defined below) accepts and unequivocally agrees to be bound by all the terms and conditions of this agreement. If the User does not unequivocally agree to all of the terms of this agreement, he/ she must refrain from logging into, accessing or otherwise using any part of the Sprintax.com materials.
You agree that your electronic signature in these methods is the legal equivalent of your manual signature on this agreement. You further agree that your use of a key pad, mouse or other device to select an item, button, icon or similar act or action, or any other act or action in submitting materials to Sprintax.com or accessing Sprintax.com products or materials constitutes your electronic signature, acceptance and agreement. You also agree that no other certification or verification is necessary to validate your electronic signature, and the lack of such certification or verification will not in any way affect the enforceability of your electronic signature or any resulting agreement between you and Taxback. This End User License Agreement is also subject to the Terms and Conditions located at http://www.taxback.com/termsandconditions/. The Terms and Conditions will govern any conflict in terms with this End User License Agreement.
This End User License Agreement (“Agreement”) between Taxback and any person or entity (“User”) who purchases, accesses or otherwise uses software, content, websites, information, materials or other deliverables, whether in print or electronic form, on our through one or more Taxback-owned or operated websites (the “Taxback Network”) including Sprintax.com or otherwise made available by Taxback (collectively, the “Taxback Products”). In the event that the User purports to be the agent of, represent or otherwise act on behalf of an entity or any other person, references to the “User” shall include such entity or person in addition to such representative.
In addition to this Agreement, the User shall be bound by and subject to any separate agreements entered into with Taxback by the User or any entity or other person on behalf of whom User purports to be the agent of, represent or otherwise act (including, without limitation, the Taxback.com Terms and Conditions and any other terms governing the purchase or use of content as provided by Taxback from time to time). References to the Sprintax.com products and services (“Products” and “Services”), as used herein, include any and all accompanying and supporting software or services, whether or not provided online, content and documentation, and any upgrades, modified versions, updates or additions thereto. Taxback and the User are collectively referred to as the “parties.”
1. Sprintax.com Product Terms
The Sprintax.com product is operated by Taxback and its current and future affiliates (including distributors engaged by Sprintax.com (“Distributors”)), and is protected by international intellectual property laws and treaties. User’s access to Sprintax.com is licensed and not sold. Taxback (for itself and its affiliates and Distributors) hereby reserves all rights not expressly granted to User, including, without limitation, the right to alter, modify, update, enhance, improve or create derivative or collective works incorporating Sprintax.com products and services.
B. Sprintax.com Product
Taxback grants the User a limited, non-exclusive, personal, non-transferable, non-sublicenseable, revocable license to access and use the Sprintax.com product in the original, unmodified form as delivered by Taxback only and solely for the purposes expressly authorized by Taxback (and not for service bureau, time-sharing or similar services). The User is not permitted to use or transfer the Sprintax.com product in any manner not expressly authorized by this Agreement or applicable law or use the Sprintax.com product for the benefit of or on behalf of third parties without the written consent of Taxback, including the preparation of tax returns, schedules, worksheets or related information on a professional or commercial basis. As between the User and Taxback, the User acknowledges that the operation of the Sprintax.com product belongs to Taxback and its Distributors. User shall not exceed the scope of User’s license to use Sprintax.com, and the User shall not provide the User’s Account Information (as defined below) to another User for any reason, including, without limitation, in order for such other User to access additional features of the Sprintax.com product. Modification, reverse engineering, reverse compiling or disassembly of the Sprintax.com product is expressly prohibited.
C. Accessibility of Sprintax.com.
The User understands and agrees that from time to time Sprintax.com and Taxback Products and/or certain features or functionality may be inaccessible or inoperable for any reason, including, without limitation:
(i) equipment or software malfunctions
(ii) periodic maintenance procedures or repairs which Taxback may undertake from time to time or
(iii) causes beyond the control of Taxback or which are not foreseeable by Taxback. User acknowledges that access to and/or features and functionality of Sprintax.com are provided over various facilities and communications lines, and that information will be transmitted over local exchange and internet backbone carrier lines and through routers, switches and other devices (collectively, “Carrier Lines”) owned, maintained and serviced by third-party carriers, utilities and internet service providers, all of whom are beyond Taxback’s control. Use of Carrier Lines to access and use Sprintax.com and transmit information is solely at the User’s risk and is subject to all local, State, Federal and other applicable laws.
User shall be solely responsible for providing, maintaining and ensuring the compatibility of all hardware, software, electrical and other physical requirements necessary for the User’s access and use of Sprintax.com, including, without limitation, telecommunications and internet access connections and links, web browsers or other equipment, and programs and services required to access and use Sprintax.com and any other Taxback Products. The User is responsible for protecting the information on any computer such as by installing anti-virus software, updating software, password protecting files, and not permitting third party physical or electronic access to the User’s computer or account.
A. Account Information and Security
In order to access and use Sprintax.com, the User may be required to register with Sprintax.com and select a username and password or otherwise activate Sprintax.com for use (collectively, User’s “Account Information”). This Account Information shall be used only by User, and User may not share or otherwise disclose User’s Account Information to any other party. The User shall be responsible for the security, confidentiality and integrity of all information that User receives, transmits through or stores using Sprintax.com or any other Taxback Products, to the extent that any misuse of this information or infringement of such matters could be prevented by User. Taxback will store information of User for such time as is required pursuant to its agreement with User, for such time as required by law in particular federal, state and local jurisdictions, and for such time as required to preserve evidence of the use of Taxback Products and Services for the benefit of User and Taxback. Taxback does not commit, however, to store User’s information once the use of Taxback Products and Services has resulted in the task for which it was engaged by User.
The User shall be responsible for the security, confidentiality and integrity of User’s Account Information and for any authorized or unauthorized access and use of User’s account by any person. The User has the affirmative responsibility to monitor and control access to User’s Account Information. If at any time the User learns or suspects that his / her Account Information has been disclosed or otherwise made known to any person other than User, User agrees to immediately notify Taxback. As part of this registration process, User may be required to disclose User’s email address to Taxback and, if so, the User is required to keep such email address current.
Taxback reserves the right, but has no affirmative obligation, to monitor User accounts to:
(i) operate Sprintax.com properly
(ii) administer and manage Sprintax.com
(iii) provide all Users with the highest quality products and services
(iv) verify compliance with laws or this Agreement
(v) protect Taxback and its users and/or
(vi) satisfy any law, regulation or other government request.
C. Other Users
The User acknowledges that other users have access to Sprintax.com and information made available thereby. The actions of such other users are beyond the control of Taxback. Accordingly, Taxback does not assume any liability for or relating to any impairment of the privacy, security, confidentiality, integrity, availability or restricted use of Sprintax.com or any content provided thereby from any other user’s actions or omissions.
D. Consent to Use of Data
The User agrees that Taxback may collect and use technical and related information regarding the User’s system and use of Sprintax.com software or products, including, without limitation, technical information about the User’s computer, system and application software, and peripherals, that is gathered periodically to facilitate the provision of updates, support and other services (if any) related to Sprintax.com software to verify compliance with this Agreement, and to improve Sprintax.com software or products and related services.
The User agrees not to access Sprintax.com or any other aspect of or information contained on the Sprintax.com website through any technology or means other than through User’s account using User’s Account Information. The User agrees not to use or launch any automated system, including, without limitation, “robots,” “spiders” or “offline readers,” that accesses Sprintax.com in a manner that sends more request messages to Taxback in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser. The User agrees not to collect or harvest any personally identifiable information, including Account Information, from Sprintax.com, nor to use the communications systems provided by Sprintax.com for any commercial solicitation.
3. Sprintax Content, User Content and User Conduct
A. Sprintax.com Content
Each User may use the Taxback Products or Services solely to prepare valid United States Federal and/or State tax return(s) for which a User has paid all applicable fee(s), and after proper registration and any applicable payment, to file electronically and/or print such Federal and/or State tax return, FICA tax or ITIN tax identification number (collectively, the “Services”). Sprintax.com and other Taxback Products and Services contain confidential and proprietary information that is protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. User’s use of Sprintax.com will be governed by this Agreement.
B. Inaccurate Content
All User Content (as defined below) originates from users, and as such, is beyond the control of Taxback. Taxback neither initiates the posting of such User Content nor monitors the specific content or accuracy of the User Content being posted. Without limiting the generality of any other provision of this Agreement, Taxback shall have no responsibility for or liability related to the accuracy, content, currentness, completeness, suitability, fitness for a particular purpose, or delivery of the User Content provided by any user. The User is responsible for the accuracy, content, currentness, completeness, suitability, fitness for a particular purpose, and delivery of the User Content posted by such User, and the User warrants that the User Content posted by User is accurate, current and complete. The User shall indemnify Taxback for any and all losses or damages Taxback may incur regarding or related to the accuracy, content, currency, completeness or delivery of the User Content furnished by User pursuant to the indemnification provisions of this Agreement.
C. Sprintax.com Standards and Conduct
The User’s privilege to use Sprintax.com depends on the User’s compliance with the Taxback standards and conduct guidelines set forth by Taxback from time to time. Taxback may revoke the User’s privileges or take any other appropriate measures to enforce these guidelines if violations are brought to its attention. As Taxback does not control or monitor the User Content posted on Sprintax.com or the Taxback Network, under no circumstances will Taxback be liable in any way to User or any third person for any User Content, including, without limitation, for any loss or damage of any kind incurred as a result of use of or exposure to the User Content. User agrees not to use Sprintax.com, the Taxback Network or Taxback Products to or otherwise:
i. Upload, post, email or otherwise transmit any User Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, libelous, slanderous, vulgar, obscene, pornographic, profane, indecent, sexually explicit, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable or intended to offend any person based on a person’s race, ethnic heritage, national origin, sex, sexual orientation or preference, age, physical or mental illness or disability, marital status, employment status, housing status, religion or other characteristics as may be defined by applicable civil rights laws or that is otherwise objectionable to Taxback in its sole discretion;
ii. harm minors in any way;
iii. impersonate any person or entity, including, but not limited to, a Taxback employee or representative, moderator, guide or host or falsely state or otherwise misrepresent its affiliation with a person or entity;
iv. forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through Sprintax.com, the Taxback Network or Taxback Products;
v. upload, post or otherwise transmit any User Content that User does not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
vi. upload, post or otherwise transmit any User Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
vii. upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” multi-level marketing opportunities, franchises or any other form of solicitation;
viii. upload, post or otherwise transmit any material or User Content that contains software viruses or any other malicious code, files or programs designed to interrupt, disrupt, destroy, damage or limit the functionality of any computer software or hardware or telecommunications equipment or violate the security of any computer network, crack passwords or security encryption codes or otherwise attempt to gain unauthorized access to any other computer system;
ix. attempt to cause the traffic levels of the software or other networks to rise without reason or for malicious purpose, including, without limitation, through transmission of large files to people for malicious purposes, “mailbombing,” transmissions intended to raise the costs of another’s access through excessive traffic levels, denial of service or similar attacks, repeatedly sending the same content to another person for the purpose of harassment or otherwise causing an unreasonable increase in traffic levels or usage of Sprintax.com software or products as solely determined by Taxback;
x. disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Sprintax.com software are able to type or otherwise act in a manner that negatively affects other users’ ability to engage in meaningful exchanges;
xi. interfere with or disrupt the servers or networks connected to Sprintax.com or the Taxback Network or Taxback Products, or disobey any requirements, procedures, policies or regulations of networks connected to Sprintax.com or the Taxback Network or Taxback Products;
xii. intentionally or unintentionally violate any applicable local, state, national or international law;
xiii. “stalk,” harass, threaten invade the privacy of or engage in predatory behavior towards another User of Sprintax.com or the Taxback Network or Taxback Products or any other person; or
xiv. collect, store or use personal data about other users. The User’s privilege to use Sprintax.com, the Taxback Network or any other Taxback Products depends on the User’s compliance with the guidelines set forth above. Taxback may revoke the User’s privileges or take any other appropriate measures to enforce these guidelines if violations are brought to its attention. The User acknowledges that by providing the User with the ability to post User Content, Taxback, Sprintax.com, the Taxback Network or any other Taxback Products are acting as a passive conduit for such distribution, and Taxback is not undertaking any obligation or liability relating to any User Content posted or activities undertaken utilizing Sprintax.com, the Taxback Network or any other Taxback Products.
4. Sprintax.com Tax Advice Services
A. Taxback Services
Sprintax.com includes a feature that connects Users to an online ‘Live Chat’ service to obtain customer support. Users must be able to access the internet to take advantage of the Live Chat service. Users acknowledge and agree that neither Taxback nor the Sprintax.com Live Chat service advisor will sign a Federal or State tax return, FICA tax or ITIN tax identification number on a User’s behalf or act as the paid preparer of the return. Taxback reserves the right to amend or alter the Sprintax.com service levels or availability at any time or for any reason. Additionally, Taxback may provide technical support to Users, including through the internet or e-mail messages. The terms and conditions governing the offering of this support, which may require the payment of an additional fee, are subject to change as announced by Taxback from time to time.
B. Compliance with Law; Section 7216 Consent
The Service will at all times be in compliance with and shall not violate any applicable statutes, laws, rules or regulations of the United States. In addition to the general requirement stated above, Taxback will inform any developer or service provider it engages to assist with specific tasks by contract (“Developer” or “Service Provider”) that the Customer Data includes sensitive tax return information subject to IRS regulations (including sections 6713 and 7216, defined to include these sections as amended from time to time or their corresponding successor section numbers) governing its use and disclosure and that the penalties for unauthorized disclosure or use of tax return information under IRC 6713 and 7216 can result in criminal prosecution, imprisonment and the assessment of monetary fines. Taxback will contract with Developers or Service Providers who have access to such Customer Data that this is solely to provide the Services, and require Developers and Service Providers not to disclose such sensitive tax return information to any third persons, unless required by law. Additionally, Developers and Service Providers will be directed to notify, and represent and warrant that they notify in writing any of their employees who may have access to such Customer Data of the applicability of sections IRC Sections 6713 and 7216, including a description of the requirements and penalties of those sections. Developer and Service Providers, as well as affiliates of Taxback (including servicers, servers, entities and persons located outside the United States, such as Taxback Ireland) will be required to ensure that all tax return information (including, tax preparation, assistance and/or support related thereto) must remain within the United States unless an explicit 7216 consent for disclosure for storing or sending such information for Services to be provided outside the United States has been obtained from the taxpayer. For this reason, when accepting this End User License Agreement, User expressly and explicitly provides User’s 7216 consent as described above and as provided in detail as a document entitled “Consent to disclosure of tax return information under IRC Section 7216 Disclosure Consent Requirements” that appears immediately following section 13 below.
5. Intellectual Property
A. Taxback Products
The Taxback Intellectual Property Rights (as defined below) are the valuable, confidential property of Taxback and its licensors. International intellectual property laws protect such Taxback Intellectual Property Rights. The User may use the Sprintax.com software as permitted herein and may not otherwise modify, adapt, translate, or create derivative or collective works based on Sprintax.com or any other Taxback Products without the prior written consent of Taxback. As between the parties, Taxback operates all rights, title, and interest in and to Sprintax.com and all other Taxback Products, with the exception of the User Content, and including, without limitation, all ancillary and interface software, all current and future enhancements, revisions, new releases and updates thereof and any derivative or collective works based thereon and all documentation thereto, all copyrights, trademarks, trade secrets, patents and goodwill therein, and all images, photographs, illustrations, graphics, audio and video created by or for Taxback therein (collectively, the “Taxback Intellectual Property Rights”).
B. User Content
The User shall be solely responsible for the posting or provision of User Content. In connection with the User Content, the User affirms, represents and warrants that User owns or has the necessary licenses, rights, consents and permissions to use and authorize Taxback to use all proprietary rights in and to any and all User Content to enable inclusion and use of the User Content in the manner contemplated by the Taxback Products. The User retains all ownership rights in User Content. By posting or providing User Content to Sprintax.com or Taxback Networks, the User hereby grants Taxback a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, modify, edit, adapt, publish, translate, incorporate, prepare derivative and collective works utilizing, display and perform the User Content in any form, medium or technology now known or later developed throughout the universe. In addition, the User hereby waives (or warrants that the owner of such User Content has expressly waived) any and all “moral rights” in the User Content as to any of the foregoing rights and licenses granted to Taxback. Taxback does not permit infringing activities or infringement of intellectual property rights using Sprintax.com or any other Taxback Products, and Taxback will remove or disable all User Content or other content if properly notified that such User Content or other content infringes on another person’s intellectual property rights. Taxback reserves the right to remove or disable User Content without prior notice.
Taxback™, Taxback.com™, the Taxback™ logo and any other trademarks operated by Taxback, whether or not included in the Taxback Products and any logos relating to the foregoing are trademarks or service marks of Taxback and its licensors (collectively, the “Taxback Trademarks”). All other trademarks, service marks and logos used in Sprintax.com are the trademarks, service marks or logos of their respective owners.
D. Use of Intellectual Property
Except as otherwise expressly permitted by Taxback, the User may not copy, reproduce, republish, store, upload, post, transmit, analyze, adapt, reformat, print, distribute, commercially exploit or publicly display the Taxback Intellectual Property Rights, Sprintax.com and all other Taxback Products, the Taxback Trademarks or the Confidential Information (as defined below) or any portion thereof in any manner whatsoever without the prior written consent of Taxback. User may not remove, reproduce, alter, use, display, modify, copy or obscure any copyrighted material, trademark, service mark, legal or other proprietary notices in or on any portions of the Taxback Intellectual Property Rights, Sprintax.com or any other Taxback Products, the Taxback Trademarks, the Confidential Information or any User Content or any portion thereof.
A. This Agreement, the Terms and Conditions and any other purchase terms set forth by Taxback at the time of purchase or agreements between User and Taxback shall govern purchases of Sprintax.com and/or use of the Taxback Network. The User understands that by purchasing or accessing Sprintax.com or other Taxback Products or Content, or accessing the Taxback Network, the User may encounter content that may be deemed offensive, indecent or objectionable, and such Taxback Content may or may not be identified as such. The User agrees that Taxback shall have no liability to User for Sprintax.com or Taxback Content that may be found to be offensive, indecent or objectionable. Taxback Content types (including categories, sub-categories, and genres) and descriptions are provided for convenience, and Taxback does not guarantee their accuracy. Prices and availability of products are subject to change without notice. Errors will be corrected where discovered, and Taxback reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and the User’s payment method accepted and charged.
B. Prices for Taxback Products and Services are ultimately determined at the time each User elects to print or e-file a Federal and/or State tax return, FICA tax or ITIN tax identification number form, and are subject to change without notice. Each User is obligated to confirm that the pricing for the use of Sprintax.com or Services has not changed, particularly if some time has passed between the date a User started a Federal and/or State tax return, FICA tax or ITIN tax identification number form and the date such Federal and/or State tax return, FICA tax or ITIN tax identification number form is finished and ready for filing or printing. The price for use of Sprintax.com is established at the time of payment, and no price changes shall be made by Taxback once payment is received. All payments will be billed and are payable in US dollars. A User will not be able to print or file tax Federal and/or State tax return, FICA tax or ITIN tax identification number forms without registering or paying for the Sprintax.com service.
C. Taxback’s refund and cancellation policy is limited to the circumstances described in this section. To qualify for a refund, User must not have been delivered the Taxback Product or Service. Once delivered with appropriate payment made and a Service provided, no refund will be issued. Cases eligible for a refund are limited to the following:
1. Duplicate payment or accidental over-payment for a Product or Service (e.g., you were charged more than once for the identical Product or Service);
2. If post review, a return was prepared inaccurately solely because of a software/calculation error and not due to inaccuracy in information provided by User; or
3. Any other unique circumstance explained by you and approved by Taxback in its sole discretion (including any mandatory provision of applicable law).
If a refund is approved, Sprintax will process it within 3-5 business days of its approval. The refund will be returned to the card company or other financial entity you used for payment. There may be additional delay in receipt of a credit added by the institution you used for payment. We'll notify you via e-mail of your refund if approved.
Cases ineligible for a refund are all other cases including but not limited to the following:
1. User refuses or fails to follow the instructions regarding the Product or instructions of the Taxback Customer Service Team;
2. The Product or Service was purchased by your mistake or on your assumption that it does something that it is not intended to do and is not stated it would do;
3. You claim that the Product or Service will do something that is not stated in the user guide for software, on the Product’s homepage description or in other documentation supplied by Taxback as a capability of the Service or Product;
4. User or you did not read the Terms and Conditions and/or Frequently Asked Questions concerning the Product or Service purchased and because of that what you purchased or received is different from what you expected;
5. You changed your mind after purchase and no longer want the Product or Service because of that;
6. You purchased or used other software or service that you decided might better meet your needs;
7. You do not provide requested assistance or information required to prepare and deliver the results from use of the Product or Service;
8. A bug or technical defect is reported to Taxback and fixed in time for you to file your tax return on a timely basis;
9. A problem in using our Product or Service is caused by your system or network settings or by a third-party application or device; or
10. A problem arises because of unused, lost or misplaced access codes. (For example, Taxback does not control the distribution or access rules concerning discounted codes for users by individual schools, universities or colleges.Cancellation of your purchase of a Product or Service with refund may be approved by Taxback only for non-automated Products (those which are not delivered instantly at the time of payment). All Products and Services to be delivered instantly at the time of payment cannot be cancelled, and only the refund policy described above might apply.
8. User Representations
This Agreement is effective upon User’s acceptance as set forth herein and shall continue in full force until terminated as set forth herein. This Agreement will terminate automatically without notice from Taxback if User fails to comply with any provision of this Agreement. User may terminate this Agreement by terminating access to Sprintax.com, removing Sprintax.com and all Sprintax.com and Taxback Products from User’s access and Sprintax.com and Taxback Content from User’s database, and notifying Taxback that User has done so. Upon termination, User shall terminate use of Sprintax.com and destroy any copies of Sprintax.com and any other Taxback Products in User’s possession. Except as expressly granted herein, User shall not be entitled to any refund on any portion of any fees or other charges paid in connection with this Agreement. Taxback reserves the right to discontinue or suspend any aspect of or access to Sprintax.com at any time. Taxback will terminate User’s access to Sprintax.com if, under appropriate circumstances, User is determined to be a repeat infringer of another’s intellectual property or other rights.
10. Disclaimer of Warranties
Sprintax.com and the Taxback Products and Services are provided “as is,” “where is,” and “as available” without warranty of any kind, express or implied. Use of Sprintax.com and The Taxback Network and Taxback Products are at the User’s sole risk. Taxback does not warrant that User’s use of Sprintax.com will be uninterrupted or error free, nor does Taxback make any warranty as to the accuracy of any User Content or as to any results that may be obtained by use of Sprintax.com or any other Taxback Products or Services. Taxback makes no other warranties, express or implied, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose or application, arising by virtue of custom of trade or course of dealing, title, non-infringement or timeliness, suitability, accuracy, or fitness for a particular purpose in relation to Sprintax.com, The Taxback Network, Taxback Products or User Content. The User is solely responsible for any and all acts or omissions taken in reliance on Sprintax.com, any other Taxback Products or any information or user content therein, including, without limitation, inaccurate or incomplete information. Any implied warranties that cannot be disclaimed are limited to the shortest period permitted by applicable law. To the extent that the law applicable in any particular jurisdiction precludes the full range of limitations stated in sections 10 and 11, the limitations of liability and remedies contained herein will be applied as broadly as possible to limit the liability of Taxback and the range of remedies that may be applied against it.
11. Limitation of Liability
Neither Taxback nor any of its Distributors or affiliates shall be liable to User or any other person for any indirect, incidental, consequential, special, punitive or exemplary damages for any matter arising from or relating to this agreement, the Products or Services or Sprintax.com, User content, or the internet generally, including, without limitation, User’s use or inability to use Sprintax.com, the Taxback Network, Products or Services or User content, any changes to or inaccessibility of Sprintax.com or The Taxback Network or Taxback Products, any inaccuracy or incompleteness of User content or information contained in Sprintax.com or any other Taxback Products, any delay, failure, unauthorized access to or alteration of any transmission or data, any material or data sent or received or not sent or received, any transaction or agreement entered into through Sprintax.com or other Taxback Products or Services or any data or material from a third person accessed on or through Sprintax.com or other Taxback Products, whether such liability is asserted on the basis of contract, tort, negligence or otherwise.
To the maximum extent permitted by applicable law, neither Taxback’s nor any of its affiliates or subsidiaries’ total liability for direct damages exceed the total purchase and/or fees paid, if any, by User to Taxback hereunder. If the User is dissatisfied with Sprintax.com or any other Taxback Products, the User’s sole and exclusive remedy shall be for the User to discontinue use of Sprintax.com and all other Taxback Products and terminate this Agreement in accordance with Section 10.
Unless expressly stated or agreed in writing by Taxback, Taxback is not providing legal or tax advice, is not providing advice or guidance on the purchase or sale of securities, is not a broker-dealer or an insurer with regard to performance of Sprintax.com, The Taxback Network, Taxback Products or Services or User content. Taxback’s disclaimer of warranties and the limitation of liability and remedy are a reflection of the risks assumed by the parties in order for User to obtain the rights to use Sprintax.com and any other Taxback Products and Services at the specified price. User assumes all risk for: (i) all liabilities disclaimed by Taxback contained herein; and (ii) all alleged damages in excess of the amount, if any, of the limited remedy provided hereunder.
User specifically acknowledges and agrees that Taxback shall not be liable for User content or defamatory, offensive or illegal conduct of any third party and that the risk of harm or damage from the foregoing is borne solely by User. To the extent that any limitation of liability or of remedy is not permitted in a particular jurisdiction, the limitations of liability and remedy will be construed as broadly as possible to carry out the intention of limiting rather than permitting liability and remedies.
Taxback will not audit or otherwise verify any information User provides, and is not responsible for disallowed deductions, or the inclusion of additional unreported income or resulting taxes, penalties or interest. Except for the reimbursement for calculation errors described herein, the entire cumulative liability of Taxback and its suppliers for any reason arising from or relating to this agreement shall be limited as set forth in Section 12.
Taxback shall not be liable for loss of profits or investment, tax positions taken by User, inability to file User’s Federal and/or State tax return, FICA tax or ITIN tax identification number form, delay in preparing the User’s Federal and/or State tax return, FICA tax or ITIN tax identification number form, incorrect or incomplete information provided to Taxback, any access to, or use of, User’s password and User ID by an unauthorized person.
The financial or educational institutions through which User may access Sprintax.com or any other Taxback Products or Services shall not have liability resulting from User’s use of the Products or Services.
The User agrees to indemnify, hold harmless and defend Taxback, any of its licensors, affiliates or subsidiaries and any members, officers, employees and agents of the foregoing, from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorney’s fees, asserted by any person or entity, arising out of or relating to: (a) this Agreement or the User’s violation of the terms and conditions thereof; (b) User’s use of Sprintax.com, the Taxback Network or any other Taxback Products, including any data, User Content, communication or work transmitted or received by User; (c) any unacceptable use of Sprintax.com or any other Taxback Products by User or through User’s account, including, without limitation, any statement, data or User Content posted, made, transmitted or republished by User which is prohibited as unacceptable under this Agreement; (d) gross negligence, fraud or any intentional or negligent act or omission of User; (e) the User’s violation of any third party rights, including, without limitation, any intellectual property or privacy right; and (f) any claim that any User Content posted by the User caused damage to a third party.
A. Independent Contractors
The parties and their respective personnel are and shall be independent contractors and neither party by virtue of this Agreement shall have any right, power or authority to act or create any obligation, express or implied, on behalf of the other party.
No amendment or modification of this Agreement will be binding unless in writing and signed by Taxback. The terms of this Agreement will govern any upgrades to Sprintax.com or any other Taxback Products provided by Taxback that replace or supplement the original Taxback Products, unless such upgrade is accompanied by a separate or substitute agreement in which case the terms of that agreement will govern.
The User shall not assign any of its rights, duties or obligations under this Agreement without the prior written consent of Taxback, and any attempted assignment or delegation without such consent shall be void and of no effect.
No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver.
If any provision of this Agreement is determined to be illegal or unenforceable, then such provision will be enforced to the maximum extent possible and the other provisions will remain fully effective and enforceable.
Unless otherwise provided in this Agreement, all notices shall be in writing and shall be deemed to be delivered when sent by first-class mail, postage prepaid, or when sent by facsimile or e-mail to either party’s last known post office, facsimile or e-mail address, respectively. The User hereby consents to notice by email. Unless otherwise provided in this Agreement, all notices shall be directed to the parties at the respective addresses given above or to such other address as either party may, from time to time, provide to the other party.
This Agreement shall be treated as though it were executed and were to be performed in Cook County, Illinois, USA and will be governed by and construed in accordance with the laws of the State of Illinois, without regard to conflict of laws principles. Taxback does not represent that Sprintax.com or any other Taxback Products or Services are appropriate or available for use in all countries.
H. Dispute Resolution
In the event of any dispute between the parties, they shall first endeavor to resolve it by amicable discussion. If this fails to resolve the dispute, either party may commence formal dispute resolution solely as follows, within seven (7) days after providing a written statement to the other party that informal efforts at dispute resolution have failed. Any controversy or claim arising out of or relating to any agreement between Taxback and User, or the breach thereof, shall be determined by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, except that if User is a citizen of a country other than the United States, User may have the arbitration administered at User’s option by the International Centre for Dispute Resolution in accordance with its International Arbitration Rules. The number of arbitrators shall be one. The place of arbitration shall be Chicago, Illinois, USA. The language of the arbitration shall be English. User will not file a lawsuit against Taxback or otherwise participate in a lawsuit against Taxback as a named representative in litigation requesting class action designation.
I. Timely Assertion of Claims
No claim arising under this Agreement may be brought by User more than one (1) year after the cause of action has accrued.
J. Equitable Relief
The parties agree that breach of the provisions of this Agreement, including, without limitation, the unauthorized use or duplication of Sprintax.com or any other Taxback Products, would cause irreparable harm and significant injury to Taxback which would be both difficult to ascertain and which would not be compensable by damages alone. The parties therefore agree that Taxback has the right to enforce the provisions of this Agreement by injunction (without necessity of posting bond), specific performance or other equitable relief without prejudice to any other rights and remedies Taxback may have for User’s breach of this Agreement, pending resolution of a dispute pursuant to arbitration as specified above in section 13(H).
K. Attorney’s Fees
The prevailing party in any dispute will be entitled to reasonable fees of attorneys, accountants, and other professionals, and costs and expenses in addition to any other relief to which such prevailing party may be entitled by award or injunctive relief.
The captions and headings of this Agreement are included for ease of reference only and will be disregarded in interpreting or construing this Agreement.
M. Force Majeure
Neither party shall be responsible or liable for failure to fulfil its obligations under this Agreement (except for payment of any fees) due to any major unforeseeable event beyond the control of, and not caused by the fault or negligence of, such party or its agents, including, without limitation, an act of God, fire, earthquake, flood, explosion, action of the elements, war invasion, terrorism, insurrection, riot, mob violence, sabotage, inability to procure equipment, facilities, materials or supplies in the open market, failure of power, failure of transportation, failure of telecommunications systems or infrastructure, strike, lockout, action of labor unions, condemnation, requisition, law or order of government, civil or military authorities; provided that the party failing to perform in such event shall promptly resume or remedy, as the case may be, the performance of its obligations hereunder as soon as practicable.
The terms and provisions of Sections 3-11, inclusive, shall survive any termination or expiration of this Agreement.
O. Entire Agreement
P. Contact Information
Users can contact Taxback by email at [email protected] if you have a question or concern about Sprintax.com. If you have a query about any other Taxback Product or Service, contact [email protected].
Consent to disclosure of tax return information under IRC Section 7216 Disclosure Consent Requirements
Sprintax is a tax preparation software customized to enable international students in the US to file their Federal, State and FICA tax returns and apply for an ITIN, where needed. Due to the international profile of the Sprintax clients and their tax needs, Sprintax draws on a global team of tax specialists to ensure international double taxation treaties are applied correctly. Sprintax is a product operated by Taxback and serviced by Taxback’s international team of tax professionals and preparers.
To ensure your tax return is prepared in a compliant and correct manner, Sprintax draws on the expertise and experience of the international Taxback tax team. In line with the IRS code and Federal law in the US, we request that you provide consent to us so that we can share and store your data, including your SSN and employment and tax data, with our international tax team to ensure your tax return is compliant.
Federal law requires this consent form be provided to you. Unless authorized by law, we cannot disclose, without your consent, your tax return information to third parties (our international colleagues will qualify as third parties as they are employed by Taxback international offices, not by Taxback, Inc. directly) for purposes other than the preparation and filing of your tax return and, in certain limited circumstances, for purposes involving tax return preparation. If you consent to the disclosure of your tax return information, Federal law may not protect your tax return information from further use or distribution.
You are not required to grant this consent. However, because our ability to disclose your tax return information to another tax return preparer affects the service that we provide to you and its cost, we must decline to provide you with service or change the terms of service that we provide to you if you refuse to grant this consent. If you agree to the disclosure of your tax return information, your consent is valid for one year.
This consent to disclose may result in your tax return information being disclosed to a tax return preparer located outside the United States, including your personally identifiable information such as your Social Security Number (“SSN”). Both the tax return preparer in the United States that will disclose your SSN and the tax return preparer located outside the United States which will receive your SSN maintain an adequate data protection safeguard (as required by the regulations under 26 U.S.C. Section 7216) to protect privacy and prevent unauthorized access of tax return information.
If you consent to the disclosure of your tax return information, Federal agencies may not be able to enforce US laws that protect the privacy of your tax return information against a tax return preparer located outside of the US to which the information is disclosed.
Please note that some of the Taxback staff and Taxback affiliates may be located outside the United States.
If you believe your tax return information has been disclosed or used improperly in a manner unauthorized by law or without your permission, you may contact the Treasury Inspector General for Tax Administration (TIGTA) by telephone at 1-800-366-4484, or by email at co[email protected]. Additionally, if you wish to discuss any of the points raised in this disclosure agreement, please email [email protected].