ezTaxReturn.com Use Agreement

This Agreement governs the use of all aspects of ezTaxReturn.com, LLC's (EZTAX) on-line individual tax return preparation product and, if selected by you, EZTAX's electronic filing services (collectively, the "Tax Return Services").

Tax Return Services

Pursuant to this Agreement, you may use the Tax Return Services to prepare a single individual tax return and file electronically and/or print such tax return, after proper registration and payment, where applicable. You agree that EZTAX is not acting as your accountant, tax preparer, agent or fiduciary in connection with your use of the Tax Return Services. Notwithstanding anything in this Agreement, EZTAX has no responsibility or liability for damages or claims relating to any use of the Tax Return Services.

You agree to review the tax return that you prepare at this site prior to electronically filing or printing and mailing your return. EZTAX is not responsible in any way for the acquisition and maintenance of any and all equipment, computers, software and communications and telecommunication services relating to your access and use of the Tax Return Services, and for the payment of all expenses relating thereto (plus applicable taxes). Except as specifically set forth herein, all fees and charges paid to EZTAX are non-refundable.

Security and Data Storage

You are the only person authorized to use your user identification and password, and shall not permit or allow other persons to have access to or use the same. You are responsible for the use of the Tax Return Services under your user identification, and for maintaining the confidentiality of your user identification and password. For security purposes, EZTAX will not disclose your user identification or password to anyone other than you. Although EZTAX has taken reasonable steps to ensure the security of your tax return information, EZTAX (a) shall not be liable in any way for a compromise of your data, (b) does not guarantee the security of information collected during your use of the Tax Return Services, and (c) except to the extent required by applicable law, has no obligation to store or maintain any information you provide to it.

BY CLICKING ON THE BUTTON TO ACCEPT THIS AGREEMENT YOU HEREBY EXPRESSLY CONSENT TO THE COMPANY'S PROCESSING OF PERSONAL DATA YOU PROVIDE TO THE COMPANY ACCORDING TO THE COMPANY'S CURRENT PRIVACY POLICY AND STATEMENT WHICH IS INCORPORATED INTO THIS AGREEMENT BY REFERENCE (SEE HTTP://WWW.EZTAXRETURN.COM/PRIVACY).

Electronic Filing Services

If you choose to file your return electronically, then after you have prepared and reviewed your tax return and directed EZTAX to electronically file your tax return, it will be converted to e-file transmission format and then transmitted to the applicable federal and/or state tax authority. In spite of prior approval, EZTAX does not guarantee that applicable tax authorities will accept your return as a result of factors which are beyond EZTAX's control (e.g., transmission and communications problems; failure of the tax authorities' systems to accurately interpret the data; your failure to properly input your information, discrepancies between your personal information and the information on file about you with federal and/or state tax and other authorities, etc.). It is your responsibility to file your tax return with sufficient time to meet any filing deadlines. In addition, you agree that it is your responsibility (and not EZTAX's) to verify the status of your return and confirm that it has been received and accepted by the applicable tax authority.

Third Party Services

If you choose to use any service EZTAX provides via a third party, including but not limited to Refund Transfers (RTs), you agree to receive services from a third party not affiliated with or owned by EZTAX, and you agree not to hold EZTAX responsible or liable for any damages, losses or claims incurred as a result of third party actions. By choosing a Refund Transfer as a method of payment, if available, you agree to receive these services from a third party not affiliated with EZTAX. In addition you agree that EZTAX will not assume any liability or responsibility for the provision of, or failure to provide any third party service, including but not limited to Refund Transfers, or other products, services and benefits.

Disclaimer of Warranties

THE TAX RETURN SERVICES ARE PROVIDED "AS-IS" AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EZTAX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE TAX RETURN SERVICES, THEIR QUALITY AND THEIR NON-INFRINGEMENT. In the event your state does not allow the exclusion of implied warranties any implied warranties are limited in duration to 60 days from the date of purchase of the Tax Return Services (to the extent such limitations are enforceable).

Requests for Refunds

Refund requests will only be considered if the request is made within 60 days of payment. When payment is submitted your return can be printed and/or e-filed, EZTAX services are considered fulfilled, and refunds will be made only at the discretion of EZTAX. If you choose to pay for the EZTAX service fee using the Refund Transfer product offered by Sunrise Banks N.A., the additional service fee paid for the refund transfer is not refundable.

Limitation of Liability

You acknowledge that the transmission and communication systems used for accessing the Internet, the Tax Return Services and to transmit information to the tax authorities can be unpredictable and EZTAX is not responsible for any failure of such transmission and communication systems.

YOUR EXCLUSIVE REMEDY AND THE ENTIRE LIABILITY OF EZTAX SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE TAX RETURN SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EZTAX IS NOT LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING FEES, PENALTIES OR INTEREST IMPOSED BY TAXING AUTHORITIES, LOSS OF DATA, LOSS OF PROFITS OR INVESTMENT OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE.

The limitations of damages or liability set forth in this Agreement are fundamental elements of the basis of the bargain between EZTAX and you. You acknowledge and agree that EZTAX would not provide the Tax Return Services to you without the above stated limitations and disclaimers.

Intellectual Property

EZTAX reserves all patent, copyright, trade secret, trade name, trademark and other proprietary rights related to the Tax Return Services, the ezTaxReturn.com website and all of its content, and you shall not infringe or violate any such rights. You shall not attempt to access any other of EZTAX's systems, programs or data that are not made available for public use. Additionally, no material from this site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without EZTAX's written permission, which may be withheld at its sole discretion. Modification or use of materials on the site for any purpose other than those permitted in this Agreement is a violation of EZTAX's patent, copyright, trade secret, tradename, trademark and/or other proprietary rights. This Agreement does not limit any rights that EZTAX may have under trade secret, trademark, copyright, patent or other laws.

Miscellaneous

As used in this Agreement, the terms "you" or "your" are synonymous, and refer to the person (and to the extent applicable such person's spouse, if filing jointly) using the Tax Return Services.

If any provision of this Agreement is invalid or unenforceable under applicable law, then it shall be, to that extent, deemed omitted and the remaining provisions will continue in full force and effect.

The laws of the State of New York shall govern the validity, performance and enforcement of this Agreement (without reference to choice of law principles). You hereby submit to the exclusive jurisdiction of any New York State or Federal court sitting in the County of New York.

Tax laws and regulations change frequently and their application can vary widely based upon the specific facts and circumstances involved. You are responsible for consulting with your own professional tax advisors concerning your specific tax circumstances. EZTAX disclaims any responsibility for the accuracy or adequacy of any positions taken by you in your tax return.

All warranties or guarantees given or made by EZTAX with respect to the Tax Return Services shall be null and void if you breach any terms or conditions of this Agreement.

In the event the terms of this Agreement are not acceptable to you, you should terminate your use of the Tax Return Services and exit the ezTaxReturn.com website.