TaxAlert Services, LLC, d/b/a TaxNow, and its subsidiaries and affiliates, including any it may form or acquire in the future (“TaxNow,” “we,” “us,” or “our”), provide this website and any other content, applications, features, functionality, information, and services offered by TaxNow through this website (collectively, the “Services”), subject to your compliance with these Terms of Use (these “Terms of Use”). These Terms of Use are a legally binding contract between you and TaxNow. The terms “you,” “your,” and “user” mean the users of the Services.
By accessing or using the Services, or by otherwise accepting these Terms of Use, you (an individual or entity) agree to these Terms of Use. Please read them carefully before using the Services. If you violate, or do not agree to, these Terms of Use, your access to and use of the Services is unauthorized.
PLEASE NOTE: These Terms of Use contain a mandatory arbitration provision that, as further set forth in Section 18 below, requires the use of arbitration on an individual basis to resolve disputes. It does not allow jury trials or any other court proceedings or class actions of any kind. 1. Changes to these Terms of Use
We may change these Terms of Use and/or the Services at any time. Notice of changes will be given by posting updated Terms of Use on this website or otherwise through the Services, with the updated date shown next to “Last Updated.” Your continued use of the Services following any such change constitutes acceptance of the updated Terms of Use.
2. License
TaxNow grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services subject to these Terms of Use.
3. Client Authorizations
TaxNow provides tools that enable users to obtain data (“Data”), including personal and tax-related data, from the Internal Revenue Service (“IRS”). A “Client” is a person that has duly authorized a user to obtain and receive Data. An “Approved Recipient” is a person that a Client has designated to receive such Data. Users shall complete client authorization forms (“Client Authorizations”) and adhere to the parameters of such Client Authorizations.
4. TaxNowPRO Customers
If you access TaxNowPRO under a signed order form between your organization and TaxNow, your organization’s use of TaxNowPRO is governed by the TaxNowPRO Master Subscription Agreement, available at www.taxnow.com/taxnowpro-msa, together with the applicable order form — not by these Terms of Use. In the event of any conflict between these Terms of Use and the TaxNowPRO Master Subscription Agreement or an applicable order form with respect to TaxNowPRO, the Master Subscription Agreement and order form control.
5. Your Privacy
Your privacy is important to us. Please review our Privacy Policy, which describes how your information is collected and used when you use our Services. By using our Services, you consent to the collection, use, disclosure, and other handling of your information as described in our Privacy Policy (as updated from time to time), which is incorporated into these Terms of Use and also governs your use of the Services.
6. Orders and Payment
Certain features of the Services are paid features. You may request to purchase paid features (an “Order”) using the applicable order forms on the website. Orders are non-binding and may be canceled prior to acceptance in TaxNow’s discretion. Verification of information may be required prior to acceptance of an Order. Prices and availability of offerings on the website or otherwise communicated through the Services are subject to change without notice. Once TaxNow has confirmed acceptance of your Order, your Order is a binding agreement to pay for the requested features pursuant to the specified terms.
7. Account Registration
Certain features or functionality of the Services require that you register an account (“Account”). To register an Account, you will need to provide certain information, which may include your name, delivery address, payment information, email address, and phone number. You represent and agree that all information you provide will be true and complete. You agree to keep your Account information current, keep your TaxNow username and password confidential, and access the Services from devices with up-to-date operating systems and security software. You agree not to share your Account with any other person. You are responsible for all purchases made, and other activity that occurs, through your Account.
8. Proprietary Rights
The Services contain valuable trademarks and service marks owned by TaxNow or other content providers. All content on the Services (including, for example, text, designs, graphics, logos, icons, images, audio clips, downloads, interfaces, information, code, and software, and the selection and manner of compilation and presentation) is owned by TaxNow, other content providers, or their licensors, and may be protected by copyright, trademark, and other applicable laws.
Your access to and use of the Services does not grant you any license or right to use any trademark, logo, or service mark displayed on the Services. TaxNow, other content providers, or their licensors retain full and complete title to and reserve all rights in the material on the Services, including all associated intellectual property rights. TaxNow neither warrants nor represents that your use of materials on the Services will not infringe rights of third parties.
Any other use of the material on the Services — including, without limitation, the modification, distribution, transmission, performance, publication, uploading, licensing, reverse engineering, transfer, or sale of, or the creation of derivative works from, any material, information, software, products, or services obtained from the Services, or use of the Services or any content on the Services for purposes competitive with TaxNow or for other commercial purposes — is expressly prohibited. You agree to abide by all additional restrictions displayed on the Services as they may be updated from time to time.
9. Communications and Content You Submit
With regard to communications between you and TaxNow that are not directly related to Data requests — including feedback, questions, comments, and suggestions: (i) you will have no right of confidentiality in your communications and TaxNow will have no obligation to protect your communications from disclosure; (ii) TaxNow will be free to reproduce, use, disclose, and distribute your communications to others without limitation; and (iii) TaxNow will be free to use any ideas, concepts, know-how, content, or techniques contained in your communications for any purpose whatsoever, including the development, production, and marketing of products and services that incorporate such information.
You may provide, post, or upload certain content for publication on portions of the Services viewable by other users (“Your Content”). For clarity, Your Content does not include content you provide for the submission of Data requests. You are solely responsible for Your Content and the consequences of its being posted or published by you or us. By providing or uploading Your Content, you represent that: (i) Your Content is consistent with the Acceptable Use provisions in Section 11 below; (ii) Your Content is accurate and not false or misleading; and (iii) you have proper ownership of, or license to, Your Content, and you grant TaxNow a non-exclusive, worldwide, irrevocable, perpetual, royalty-free license to display, reproduce, and use Your Content in the provision of the Services to you and others.
10. Reporting Unauthorized Content
If you believe in good faith that any content that you own or have rights to has been posted to the Services without your permission and you want it removed, please contact us by email or mail using the contact information in the “Contact Us” section below, pursuant to the Digital Millennium Copyright Act of 1998. Your notice must include: (i) identification, in sufficient detail, of the copyrighted work you claim has been infringed; (ii) identification of the URL or other specific location on the Services containing the material you claim is infringing; (iii) the electronic or physical signature of the copyright owner or a person authorized to act on the owner’s behalf; (iv) a statement that you have a good-faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law; and (v) a statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If Your Content is alleged to infringe another person’s intellectual property, we will take appropriate action, such as disabling it upon proper notice, terminating your Account, and/or ceasing your use of our Services. You will have an opportunity to file a counter-notification if you believe Your Content was removed by mistake.
11. Acceptable Use of the Services
As a condition of your license to access and use the Services, you agree that you will not: – use the Services to access information from the IRS without proper Client Authorizations; – share Data with any person, including employees or consultants of the user, unless such person is specified in the applicable Client Authorizations; – use the Services if you are under the age of 18 or otherwise unable to enter into binding legal agreements;– share any Account or password with others; – use the Services unlawfully or for an unlawful purpose; – provide, post, upload, or transmit any of Your Content that is illegal, abusive, defamatory, threatening, harassing, obscene, vulgar, racist, or that constitutes hate speech; – use the Services in a manner that is fraudulent or deceptive; – fail to pay for Services purchased by you; – stalk, harass, or harm another individual; – impersonate another person, or misrepresent or falsely identify yourself; – use any device, software, or routine to interfere or attempt to interfere with the proper working of the Services; – take any action that imposes an unreasonable or disproportionately large load on TaxNow’s servers; or – use any robot, spider, or other automatic device, or a manual process, to collect or harvest information about users or the Services for sale.
12. Electronic Communications
You consent to receive communications from us, including emails, SMS messages, mobile push notices, and other notices and messages. You can manage your preferences, including whether you receive our news and updates, when making a purchase and by contacting us using the contact information in the “Contact Us” section below.
You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing (“Required Notices”). You may withdraw your consent to receive Required Notices electronically by contacting us using the contact information in the “Contact Us” section below. For TaxNow to send Required Notices by mail, which may be at your expense, you must provide a current mailing address.
13. Refund Policy
All sales are final. TaxNow does not offer refunds, except to correct billing errors, including charges for Services that are not delivered. By making a purchase through our Services, you agree to this Refund Policy.
14. Limitation of Liability (a) Data. TaxNow makes no representations or warranties about Data, including that Data is complete, accurate, acceptable, filed on a timely basis, or compliant with applicable rules and laws. You release TaxNow from any claims related to Data. (b) Content You Access. You may come across materials that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted by users through the Services. TaxNow is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you access through the Services, and you release us from all liability relating to that content. (c) Third-Party Websites. Our Services may contain links to third-party websites or services that we do not own or control, and you may need to use a third party’s product or service in order to use some of our Services. When you access these third-party services, you do so at your own risk. TaxNow makes no claim and accepts no responsibility regarding the quality, nature, or reliability of third-party websites or services. Third parties may require you to accept their own terms of use; TaxNow is not a party to those agreements, which are solely between you and the third party. (d) IRS e-Services. Our Services make use of the e-Services provided by the IRS. In no event shall we be responsible for any changes, terminations, outages, or unavailability of IRS services, even if they materially impact our Services.
IN NO EVENT SHALL TAXNOW, ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, ADVERTISERS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA), WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY, OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICES.
IN NO EVENT SHALL TAXNOW’S AGGREGATE LIABILITY FOR ANY DAMAGES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100) OR THE AMOUNT YOU PAID TAXNOW IN THE PAST TWELVE MONTHS.
15. No Warranty
THE SERVICES ARE PROVIDED “AS IS.” TAXNOW MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL WARRANTIES, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. TAXNOW DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE SERVICES.
WE DO NOT GUARANTEE THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL MATERIALS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR EXPECTATIONS. YOU USE THE SERVICES SOLELY AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
16. Indemnification
You agree, to the fullest extent permitted by applicable law, to indemnify, defend, and hold harmless TaxNow and its subsidiaries and affiliates, and, as to each, their officers, directors, employees, contractors, agents, licensors, service or third-party providers, subcontractors, and suppliers, from and against any and all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees and court costs, arising out of or relating to your access to or use of the Services, any of Your Content that you post or submit to the Services, your violation of law or infringement of the rights of a third party, or your other violation of these Terms of Use. TaxNow reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and, in any case, you agree to cooperate with TaxNow if and as requested in the defense of such matter.
17. Outages; Termination
TaxNow periodically schedules system downtime for maintenance and other purposes, and unplanned outages may occur. You agree that TaxNow has no responsibility and is not liable for: (a) the unavailability of any of the Services; (b) any loss of data, information, or materials caused by system outages; (c) any resulting delay, mis-delivery, or non-delivery of data, information, or materials caused by system outages; or (d) any outages caused by third parties, including companies or servers hosting the Services or Internet service providers.
If you have an Account, you may terminate it at any time through your Account settings or by contacting us using the contact information in the “Contact Us” section below. If you delete your Account, your personal information (name, phone number, address, email, profile picture, etc.) will be deleted permanently and cannot be recovered, and you will not be able to reactivate your Account. Information involving other members (conversations, transactions, reviews, etc.) is not removed when you delete your Account, but your name will no longer be displayed next to it.
We may close your Account or cease to permit you to purchase paid features of the Services at any time in our sole discretion and without notice, including if we believe you are using the Services in a manner not intended by us or in violation of these Terms of Use, or for any other reason. TaxNow’s closure of your Account or reduction of your access will not waive or affect any other right or relief to which TaxNow may be entitled. We may change, suspend, or discontinue any of the Services at any time, for any reason, and will not be liable to you for the effect of any such changes. These Terms of Use remain in effect even after your access to the Services is terminated or your use of the Services ends.
18. Resolution of Disputes
We hope to be able to resolve any disputes with you amicably. If we cannot, the following provisions govern any legal disputes.
(a) Choice of Law. These Terms of Use are governed by the laws of the State of Florida, without regard to its conflict of law provisions. (b) Waiver. YOU AND TAXNOW AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, MAY ALSO BE UNAVAILABLE OR LIMITED IN ARBITRATION. (c) Notice Before Arbitration. Before initiating any arbitration, the initiating party will give the other party at least sixty (60) days’ advance written notice of its intent to file for arbitration. TaxNow will provide such notice by email to your email address on file; you must provide such notice by contacting us using the contact information in the “Contact Us” section below. During the 60-day notice period, the parties will endeavor to settle any dispute amicably through mutual discussions. Failing amicable settlement and expiration of the notice period, either party may initiate arbitration. (d) Arbitration. Any controversy or claim arising out of or relating to these Terms of Use or the Services will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association (“AAA”). Any such controversy or claim must be arbitrated on an individual basis and must not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in Broward County, Florida, and judgment on the arbitration award may be entered in any court having jurisdiction. Either TaxNow or you may seek interim or preliminary relief from a court of competent jurisdiction in Broward County, Florida as necessary to protect the rights or property of you or TaxNow.
19. Miscellaneous
(a) No Waiver. TaxNow’s failure to exercise or enforce any right or provision of these Terms of Use will not be deemed a waiver of such right or provision. (b) Entire Agreement. These Terms of Use, together with the Privacy Policy and any amendments and additional agreements you may enter into with TaxNow in connection with the Services (including, for TaxNowPRO customers, the TaxNowPRO Master Subscription Agreement and applicable order forms), constitute the entire agreement between you and TaxNow concerning the Services and supersede any prior terms between you and TaxNow regarding the Services. (c) Severability. If any provision of these Terms of Use is deemed invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect. (d) Limitation of Claims. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Services must be filed within one (1) year after such claim or cause of action arose, or be forever barred.
20. IRS Circular 230 Disclosure
Any tax advice contained in our Services is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing, or recommending to another party any matters addressed herein.
21. Contact Us
If you have any questions or comments, please contact us by email at info@taxnow.com, or by mail at TaxAlert Services, LLC, 608 SW 4th Avenue, Fort Lauderdale, FL 33315.
