This agreement (the "Agreement") describes the general Terms and Conditions (the "Terms") on which 1099online, (hereinafter referred to as "1099online") and its affiliates (collectively "1099online," "we," or "us") offers you ("you," "your," "Member", or "User") access to 1099online.com (the "Service" or "Site") and any other affiliated 1099online.com web sites and to the services provided on this web site and other affiliated group web sites.
This User Agreement constitutes a legal agreement between you, the user of this website, and 1099online (hereinafter referred to as "1099online), that is unaffiliated with any government agency. You, the user, must accept all of the terms and conditions contained in this User Agreement in order to access and use this website and services
This Agreement governs your use of the site. Be sure that you carefully read and fully understand this Agreement. We are willing to provide you with access to the site only on the condition that you accept all of the terms and conditions contained in this Agreement. By accessing or using the site, including without limitation any of the products or services offered on the site, you agree to be bound by, all the terms and conditions of this Agreement. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, DO NOT ACCESS THE SITE OR ANY PRODUCTS OR SERVICES PROVIDED ON OR THROUGH THE SITE.
By viewing presented materials, asking a question, providing an answer, or reading a previously-asked question or answer, you are indicating that you agree to be bound by these Terms, as well as all other applicable laws, statutes, ordinances and regulations concerning use of the Services. If you do not accept the Terms as stated, you may not use the Service.
When using a particular feature of the Site, you may also be subject to any posted guidelines, rules, terms of service, privacy policies or other contractual provisions as noted. In the event of a conflict between any other agreement, rule, policies or terms of service and this Agreement or any provisions of this Agreement, this Agreement shall govern.
1099online reserves the right to modify this Agreement at any time by posting the amended terms on the Site. It is your responsibility as a User of the Site to return periodically to this page to review this Agreement for modifications. The home page link to this page includes reference to when this Agreement was last revised. Unless otherwise specified below, all Terms take effect automatically when they are initially posted to the Site. Your continued use of the Site following any amendment will constitute your agreement to such amendment.
1. NATURE OF THE SERVICE
This Site provides users with tax preparation products and services and other business services such as payroll, bookkeeping, company formation, etc. These products and services may be available only in certain jurisdictions and are void where prohibited by law. Your eligibility for any of our particular products and services is subject to our final approval and acceptance. The IRS/State or a local tax agency may audit a tax return. We will help/advise in responding to IRS audits in almost all cases. We also reserve the right to refer a customer to other professionals/experts or decline representation for any reason. This site has been designed to use by adults only. We are not providing investment advice through the Site, and the material on the Site should not be regarded as an offer to sell, or a solicitation of an offer to buy, any securities from us.
You use the Service at your own Risk
(a) User Release
In the event of any dispute with respect to a transaction made or action taken or not taken by you after consulting the Service, or between User and any other User or third party, you release us, our agents and employees from any claims and damages of every nature (including, without limitation, actual, special, incidental and consequential), known and unknown, disclosed and undisclosed, arising out of or in any way connected with such dispute. If you are a California resident, then you waive California Civil Code S.1542 which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor".
(b) User Acknowledgements
You acknowledge that 1099online is not affiliated in any way with the U.S. or State Government or any Department of any US or State Government. You acknowledge that you are submitting to a service that charges money and even if we are unable to file your tax return with the government due to you or someone else submitting your information on the government/tax agency site, you will still be charged our service fee and it is non-refundable. We reserve the right to collect on any charge backs that we incur from your bank. We have the right to collect on amount due plus any fees we incur up to the highest extent of the law. We do free estimates and once you have paid and submitted your tax return on our website it cannot be cancelled and in all circumstances service fee charged is non-refundable.
You assume total responsibility and risk for your use of this Site and the Internet. You are responsible for maintaining the security of your equipments/tools used to submit information online on our site. Although 1099online has taken reasonable measures to protect the security of your tax return information, 1099online (i) does not guarantee the security of information collected during your use of the Services, (ii) shall not be liable in any way for a compromise of your data, and (iii) except to the extent required by applicable law, has no obligation to store or maintain any information you provide to it. You agree to save a copy of your tax return provided to you by 1099online for your records. You hereby acknowledge and agree that any information submitted through this Site may be intercepted and used by an unauthorized third party and that all of the risk associated with these activities is solely yours.
We use standard SSL certificate. An SSL certificate is a digital certificate that authenticates the identity of a Web site and encrypts information sent to the server using Secure Sockets Layer (SSL) technology. Encryption is the process of scrambling data into an undecipherable format that can only be returned to a readable format with the proper decryption key. We only deal with the US based internet/web hosting company as a standard practice.
You acknowledge information provided should not be relied upon as legal or professional advice may not be applicable to some state. Information contained at the 1099online.com Website is not to be relied upon or utilized as a source of financial, tax, legal, accounting, economic, business, or other professional advice. All users are urged to consult their independent business, personal and/or professional advisors before relying upon or utilizing any of the information from this Website for personal or business purposes. Only qualified professional advisors with a knowledge and understanding of your business and/or personal affairs and objectives are in a position to give advice appropriate for your particular situation.
(b)(c) Registration Obligations
In consideration of your use of the site and services, if you provide us with information about yourself in response to business information feature in our site, you agree that such information will be accurate, current and complete.
You are responsible for supplying all information needed for preparation and e-filing of Heavy vehicle use tax and it's your responsibility to maintaining all supporting documents used in your tax preparation.
If you provide any information that is untrue, inaccurate, not current or incomplete as of the date the information was provided, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right, without limitation, to suspend or terminate any of your account or our service offerings and to refuse any and all current or future use of the site (or any portion thereof) or the products and services provided. We assume no liability for any loss or damage arising from your failure to comply with this section
2. USE RESTRICTIONS
(a) Limited Access- Except as otherwise expressly permitted by us, any access or attempt to access other areas of the 1099online computer system or network or other information contained on the system for any purposes is strictly prohibited. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on 1099online's system or infrastructure.
(b) Additional Use Restrictions- Any information provided to 1099online in connection with the use of the Site: (a) shall not be false, inaccurate or misleading; (b) shall not be obscene or indecent; (c) shall not contain any virus, Trojan Horses, worms, time bombs or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (d) shall not infringe on any 1099online or third party's copyright, trademark, patent, trade secret or other proprietary rights or rights of publicity or privacy; (e) and shall not be defamatory, libelous, unlawfully threatening or harassing.
(c) Downloading Safety- You understand that 1099online cannot and does not guarantee or warrant that materials available while downloading from this Site, including links, will be free of infection, viruses, worms, Trojan Horses, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy and security of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
(d) Privacy Information- 1099online does not sell any information to third party. We are not liable for information disclosed unintentionally or during fire, theft, natural disaster, etc. There are no claims or guarantee regarding safety of personal information. Please check out our privacy information section on this site for more information.
(e) Termination- We, in our sole discretion, may terminate your use of the Services for any reason without prior notice to you. You acknowledge and agree that we may immediately delete your tax account in our system and all related information and files provided to us for our services.
3. Fees, Payments, and Chargeback's
You agree to pay the Fees and any other charges incurred in connection with your use of the Services (including any applicable taxes, chargeback fees or bounced-check fees) at the rates in effect when the charges were incurred. We reserve the right to change our Fees at any time.
(a) You may cancel our product and services at any time; however, there are no refunds for cancellation if tax return was submitted on our website you have changed your mind. WE DO OFFER FREE ONLINE TAX CALCULATION/ESTIMATES without ANY OBLIGATION. ONCE TAX RETURN IS SUBMITTED BY A CUSTOMER USING SELF SERVICE OR TOTAL CARE SERVICE, NO REFUND WILL BE PROCESSED UNDER ANY CIRCUMSTANCES. THERE WILL BE NO REFUNDS FOR ANY UNUSED SERVICES ON A SUBSCRIPTION OR ANY PREPAID FEES FOR ANY PORTION OF THE SERVICE.
(b) Accounts affiliated with delinquent accounts are subject to remedial actions related to the delinquent account. In the event an Account is suspended or terminated for your breach of this Agreement or your payment delinquency (in each case as determined in our sole discretion), we may suspend or terminate the Account associated with such breach and any or all other Accounts held by you, and your breach shall be deemed to apply to all such Accounts.
(c) Chargeback Policy. Chargeback's on Credit Cards for services provided will be defended if, in our reasonable opinion, the chargeback is not justified. You acknowledge and specifically agree that chargeback's are unlawful if our services have been rendered. We will use this document to dispute your chargeback with your bank and our processing company. If a customer has a billing dispute with us, the customer must settle such dispute with us directly without initiating any chargeback procedures.
4. INTELLECTUAL PROPERTY
The contents of this Site and Services, such as completed tax document texts, graphics, logos, audio clips, photographs, software, trademarks and other information (hereinafter referred to as the "Proprietary Content") is, unless otherwise noted, the property of 1099online. The Proprietary Content is protected by federal, state and international copyright and trademark laws, or other proprietary rights. These rights are protected in all forms, media and technologies existing now or hereinafter developed. You may print and download portions of material from the different areas of the Site solely for your non-commercial use. No portion of Proprietary Content may be reprinted, republished, modified or distributed in any form without the express written consent of 1099online. Certain Proprietary Content may be licensed from third parties and all such third party content and all intellectual property rights related to the third party content belong to the respective third parties. In addition, certain trademarks, logos, or brand names in the Site are for identification purposes only, and does not imply an endorsement of 1099online of the trademark of the owner, or vice versa, or that such trademark owner has authorized 1099online to promote its products, services or content. You may not remove any copyright, trademark or other intellectual property or proprietary notice or legend contained on the Site or the Content. Any rights not expressly granted by this Agreement or any applicable end-user license agreements are reserved by 1099online.
5. DISCLAIMERS OF WARRANTY
THE SITE AND THE CONTENT AND SERVICES MADE AVAILABLE ON THE SITE ARE PROVIDED AS AN "AS IS" AND "AS AVAILABLE" BASIS. WE DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, WARRANTIED OF TITLE OR NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SITE OR THE SITE CONTENT, ANY SERVICES PROVIDED THROUGH THE SITE OR ON THE INTERNET GENERALLY. SOME STATES MAY NOT PERMIT THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING WAIVER MAY NOT APPLY TO YOU. WE DO NOT WARRANT THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THE COMPANY DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THE WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS, OR THAT THE WEB STIE WILL BE ACCESSIBLE ALL THE TIME. IF YOUR USE OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS. THE COMPANY DOES NOT WARRANT AGAINST THE LOSS OR DISCLOSURE OF INFORMATION RESULTING IN IDENTITY THEFT DUE TO HACKING, THEFT OF EQUIPMENT, AND THEFT OF INFORMATION FROM WEB SITE OR ANY ACTION OTHER ACTION.
6. LIMITATION OF LIABILITY
Under no circumstances shall we or any other party involved in creating, producing or distributing the site or providing content, products, or services through the site be liable for any direct, indirect, incidental, special or consequential damages for loss of profits, goodwill, use, data, or other intangible losses (even if we have been advised of the possibility of such damages) that result from (i) the use of or inability to use the site (ii) unauthorized access to or alteration of your data or transmissions (iii) statements, warranties, guarantees or conduct of ours or any third party on the site, or (iv) any other matter relating to use of the site. You hereby acknowledge that this paragraph shall apply to all content, merchandise, and services available through the site. In no event shall our total cumulative liability under these terms exceed the lesser amount of any fees paid to us, if any, for the use of the site by you. Because some states may not allow the exclusion or limitation of liability for consequent or incidental damages, in such states liability is limited to the least amount permitted by law. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
You agree to indemnify, defend and hold harmless 1099online from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including reasonable attorney's fees) resulting from (i) your use of the Site, (ii) your use of products, services, or information provided through the Site, or (iii) your breach of any provision of this Agreement. 1099online reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such event, you still are responsible for indemnifying 1099online, and you agree to cooperate with 1099online, in asserting any available defenses.
8. PROPER USE
You must independently verify all information you find on the Site. You agree not to do any of the following while using the Site:
Violate any applicable local, national, or international law, statue, rule, ordinance or regulation; In particular laws regarding the use of testimonials in advertising or marketing.
Post or transmit any content that You do not have the right to post or transmit under any law, contractual duty or fiduciary relationship;
Post or transmit any content that infringes a third party's intellectual property rights, rights of publicity or privacy;
Post or transmit any content that is unlawful, untrue, fraudulent, harassing, libelous, defamatory, abusive, obscene, tortuous, threatening, harmful (including but not limited to viruses, corrupted files, or any other similar software or programs), designed to elicit responses that relate to illegal activity, or otherwise objectionable;
Access, tamper with or use non-public areas of the Site. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution;
Gather and use information, such as other users' usernames, real names, email addresses, available from the Site to transmit any unsolicited advertising, "junk mail", "spam", or "chain letters;"
Post false or misleading information about a product or service; or
Impersonate or misrepresent your affiliation with any person or entity.
You understand that various states and licensing boards have regulations regarding the use of testimonials and case studies in marketing. You agree that you are responsible for ensuring that your use of this site, its related sites and any marketing materials are within the legal or regulatory guide lines for marketing in your state and industry.
1099online reserves the right to delete or edit Messages, in whole or in part, from the Service at any time for any reason. 1099online also reserves the right to refuse access to the Service to anyone at any time without notice for any reason. However, 1099online will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement.
Any links to other websites are provided merely as a convenience to the Users of this Site. 1099online has not reviewed all of these other sites, has no responsibility for the content of such other sites, and shall not be liable for any damages or injury arising from any such content, and does not endorse or make any representations about any of these sites. If you decide to access any of these other sites linked to this Site, you do so at your own risk.
Any individuals who wish to establish a temporary or permanent link to this Site may do so as long as such link is pointed to 1099online homepage at www.1099online.com. Deep linking to any other page on the Site except the homepage is permitted only if you have obtained a written permission from 1099online.
10. MODIFICATION, ENTIRE AGREEMENT, AND SEVERABILITY
(a) Modification - This Agreement may be supplemented, amended, or modified unilaterally at any time for any reason by 1099online. Any supplement, amendment, or modification of this Agreement shall be binding at the time of updating, posting, or otherwise providing public notice on 1099online.
(b) Entire Agreement - This Agreement and all other agreements, exhibits, and schedules referred to in this Agreement constitute the final, complete, and exclusive statement of the terms of the agreement between the parties pertaining to the subject matter of this Agreement and supersede all prior and contemporaneous understandings or agreements of the parties. This Agreement may not be contradicted by evidence of any prior or contemporaneous statements or agreements. No party has been induced to enter into this Agreement by, nor is any party relying on, any representation, understanding, agreement, commitment or warranty outside those expressly set forth in this Agreement.
(c) Severability - In the event that any provision of this Agreement is determined to be invalid or unenforceable, such provision shall be severed from this Agreement, and the remainder of this Agreement shall continue to be valid and enforceable.
11. GOVERNING LAW
This Agreement and access to the Site shall be governed by and construed in accordance with the laws of the State of Arkansas, Washington County exclusive of its conflict of law rules and matters affecting copyrights, trademarks and patents under U.S. federal law.
You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of the State of Arkansas, Washington Country and of the United States of America located in the State of Arkansas, Washington County for any litigation or disputes arising out of or relating to the use of the Site and not commence any litigation relating thereto except in such courts. You hereby irrevocably and unconditionally waive any objection to the establishment of venue of any such litigation in the Arkansas Courts and agree not to plead or claim in Arkansas Court (Washington County) that such litigation brought therein has been brought in an inconvenient forum.
12. MISCELLANEOUS TERMS
(a) System Outages- 1099online may systematically and periodically schedule system downtime for maintenance and other purposes. Unplanned system outages may also occur. 1099online shall have no liability whatsoever for the resulting unavailability of the Site or for any loss of data or transactions caused by planned or unplanned system outages.
(b) User Feedback- Should any User respond to 1099online through this Site, via email or otherwise, with any information including, but not limited to, feedback, questions, requests, opinions, comments, suggestions or the like regarding to the content of any 1099online document, the Site, or 1099online services, such information shall be deemed to be non-confidential and 1099online shall have no obligation of any kind with respect to such information. 1099online shall be free to reproduce, use, disclose, and distribute the information to others without limitation and shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever to the extent not prohibited by law.
(d) Amendments and Modification- This Agreement may only be amended by us. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. At any time upon request by 1099online, you agree to sign a non-electronic version of this Agreement.
(e) Formatting- This Agreement's section headings, bold text, and capitalized text are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement.
(f) Dates- This Agreement is effect as of December 01, 2012.