Terms of Service
Last updated on December 15, 2023
Welcome to the IRS Free File Program delivered by TaxSlayer, a service provided by TaxSlayer LLC. (“TaxSlayer”, “we” “our”, “us”).
These Terms of Service apply to our website (freefile.taxslayer.com) (“Site”); related applets, players, widgets, tools, data, software, application programmatic interfaces (APIs), and other services (collectively the “Services”); related mobile applications (“Applications”); and all content (“Content”) contained in our Site, Applications, and Service (together, the “Platform”). TaxSlayer provides the Platform to you, subject to the terms contained in these Terms of Service.
Please read the terms and conditions of these Terms of Service carefully before using our Platform. By accessing or otherwise using any portion of the Platform, you represent that you have all the applicable rights and authority to grant TaxSlayer the rights granted herein, and you have read, understood, and agree to be bound by these Terms of Service. If you are not willing to be bound by the terms of these Terms of Service, you may not access or otherwise use any portion of the Platform.
1. SCOPE OF THESE TERMS OF SERVICE
As a U.S. based company offering products and services related to the preparation of U.S. federal and state tax returns, the Platform is intended for U.S. taxpayers only. TaxSlayer does not market to children under the age of thirteen (13) (“Minimum Age”) or subjects of other countries including those in the European Economic Area.
2. GENERAL TERMS AND CONDITIONS; COMPLIANCE WITH POLICIES
You acknowledge and agree that you must: (a) provide for your own access to the Site and pay any service fees associated with such access, and (b) provide all equipment necessary for you to make such connection, including a computer and modem or other access device.
While using the Platform, you agree that you will comply with all posted policies and agreements, including but not limited to our License Agreement and Privacy Policy, as updated from time to time. We may suspend or stop providing you with access to the Platform if you fail to comply with our posted policies.
3. PRIVACY
Our Privacy Policy explains the data we collect, use, store, and process while you use and access our Platform. By using our Platform, you acknowledge that you have read, understood, and agree to the terms of our Privacy Policy, which is incorporated herein by reference, and you agree that we may use such data in accordance with the terms of our Privacy Policy.
4. YOUR LICENSE TO USE THE PLATFORM
If you use our online tax preparation software, please see the terms and conditions of our License Agreement which are incorporated by reference herein.
5. INTELLECTUAL PROPERTY
You acknowledge that we retain all rights, title, and interest in and to all copyrights, trademarks, registered trademarks, and/or service marks, trade secrets, patents, and any other proprietary rights in the Platform. TaxSlayer®, its visual identity elements, and certain other graphics, and logos are the registered trademarks or trademarks of TaxSlayer LLC or its parent, subsidiaries, or affiliates.
The Platform is owned or licensed by us and is protected by the laws of the United States. You agree to prevent any unauthorized copying, use, or distribution of the content available to you in the Platform. You may not download and/or save a copy of any of the screens appearing on this Site except as otherwise provided in these Terms of Service, for any purpose. However, you may print a copy of the information on this Site for your personal use or records.
If you make other use of this Site, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to penalties. TaxSlayer does not grant any license or other authorization to any user of its trademarks, registered trademarks, service marks, or other copyrightable material or other intellectual property, by placing them on this Site.
6. CONTENT AND FUNCTIONALITY OF PLATFORM
We reserve the right to alter, change, modify, or terminate the Platform or any aspect, feature, service, content, or functionality of the Platform, at any time. TaxSlayer, in its sole discretion and at any time, may determine that certain tax topics, forms, and/or situations are not included as part of the Platform and may decline to provide related Services.
We may alter the availability of any feature of the Platform or impose new limitations on your use of the Platform at any time, with or without notice, liability, or obligation. We may from time to time, in our sole discretion, develop and provide Platform updates, which may include upgrades; patches; corrections; or changes, additions, or removal of features or functionality. You agree that we have no obligation to provide any updates or to continue to provide or enable certain features or functions, and that nothing in these Terms of Service shall be construed to require correction of any specific errors or discrepancies in the Platform.
To provide a high-quality experience for all users, we monitor the Platform to detect and prevent fraud and abuse. We may, in our sole discretion, terminate your account and your access to the Platform should we determine it is associated with fraudulent or abusive activities. Further, we reserve the right to pursue legal action in connection with fraudulent or abusive activities. We may also suspend or terminate an account or cease providing access to the Platform for any or no reason, including, but not limited to, if you have violated any term of these Terms of Service or our other policies.
Each software version shall generally be available for three years after its release date. Your access to the Platform and this License terminates upon the expiration of the software version, unless earlier terminated by either party.
Eligibility for IRS Free File Program delivered by TaxSlayer (American Pledge)
You may qualify for the IRS Free File Program delivered by TaxSlayer if your tax situation meets one of the following conditions:
- Your Adjusted Gross Income (AGI) is $44,000 or less
- You are eligible for the Earned Income Tax Credit (EITC)
- You are an active duty military member with an AGI of $79,000 or less
If you qualify for a free federal return under the IRS Free File Program delivered by TaxSlayer, you can also file a free state return for the following states:
- Arizona
- Arkansas
- District of Columbia
- Georgia
- Idaho
- Indiana
- Iowa
- Kentucky
- Massachusetts
- Michigan
- Minnesota
- Missouri
- Montana
- New York
- North Carolina
- North Dakota
- Oregon
- Rhode Island
- South Carolina
- Vermont
- Virginia
- West Virginia
Accuracy Guarantee
TaxSlayer guarantees the accuracy of all calculations made using our software, or we will reimburse you any federal or state penalties and interest charges, subject to the terms and conditions below.
If you are registered user of TaxSlayer and you pay a penalty or interest charge to the IRS or a state taxing authority solely because of a calculation error on a form prepared using TaxSlayer software, and not as a result of, among other things, your failure to enter all required information accurately, your willful or fraudulent omission or inclusion of information on your tax return, your misclassification of information on your tax return, or your failure to file an amended return to avoid or reduce your penalty/interest after TaxSlayer has announced updates or corrections to the services in time for you to file an amended return, then TaxSlayer will reimburse you in the amount of the IRS or state penalty and/or interest paid by you to the IRS or state. You are responsible for paying any additional tax that is owed.
For more information and details on how to notify TaxSlayer if you believe you are entitled to a reimbursement, see Our Guarantees page.
Refund Delivery and Payment Options
Most refunds are issued within 21 days from the time they are accepted by the IRS.
1. Direct Deposit
With direct deposit, your money is transferred electronically from the Department of Treasury to your checking or savings account.
2. Printed Check
You can opt to receive your refund in the form of a printed check sent to you through the mail to the address listed on your return. Mailed refunds typically arrive five days after they are issued by the IRS. By choosing this option, you must pay service charges for filing your return out of pocket when you file.
8. THIRD-PARTY CONTENT
The Platform may present links to third-party websites for general educational purposes or otherwise (“Third-Party Content”). You acknowledge and agree that TaxSlayer has no responsibility for the accuracy or availability of information provided by Third-Party Content. All third parties are responsible for ensuring that material submitted for inclusion on our Platform is accurate and complies with applicable laws.
Links to external websites do not constitute an endorsement by TaxSlayer of the sponsors of such sites or the content presented on such sites. Information in the Third-Party Content that is linked to our Site comes from a variety of sources. TaxSlayer does not author, edit, or monitor these pages or links. You acknowledge and agree that TaxSlayer shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content on such external sites or resources.
In addition, you may encounter Third-Party Content in the form of advertisements, endorsements, or opinions about the TaxSlayer® Platform by third-party reviewers, advertisers, influencers, ambassadors, or authors, whether compensated by TaxSlayer or not. Such Third-Party Content may be published in digital, print, or any other form, on other Sites, applications, or media not necessarily owned by or related to TaxSlayer. The views, thoughts, and opinions expressed in the Third-Party Content belong solely to the author and have not been independently verified or approved by TaxSlayer. We do not assume any liability for the content or accuracy of the information presented in any Third-Party Content. Nothing expressed in any Third-Party Content shall be construed to create any warranty of any kind, whether express or implied, with respect to the Platform not otherwise covered in these Terms of Service, including any implied warranties of title, merchantability, satisfactory quality, fitness for a particular purpose, or any warranties arising out of any law, custom, course of dealing, performance, or trade usage.
9. COMMUNICATION PREFERENCES AND CONSENT
From time to time, we may send you communications through the various channels that you have provided to us (e.g. push notifications, in-app messages, e-mail address, mailing address). These communications may include, but are not limited to, account-related or transactional messages.
By accepting these Terms of Service and using the Platform, you expressly agree to receive such communications from or on behalf of us and you are deemed to have received such notices at the latest within two (2) business days from us posting or sending a notice. You may not opt out of receiving account-related or transactional communications.
You are responsible for keeping your account information, including your e-mail address, up to date. We assume no liability nor any responsibility for any consequences resulting from your provision or use of outdated, incomplete, or inaccurate information in connection with the Platform. If you would like to modify your ability to receive communication from our Platform, in some cases, you may control those settings within the settings or preferences. To unsubscribe from receiving messages from us, please go to our unsubscribe page .
IRS Circular 230 Notice. Nothing in our communications with you (including, but not limited to, any emails, website content, attachments, enclosures, or other accompanying materials) relating to any federal tax transaction or matter are considered to be "covered opinions" as described in Circular 230.
10. MOBILE SERVICES
Use of the Platform may involve transmission of data through the networks of your mobile carrier or Internet service provider (ISP). You are responsible for all carrier, text/SMS, data, or other related fees or charges you incur from your carrier or ISP in connection with, or related to your use of the Platform. We assume no liability or responsibility for the payment of any charges you may incur.
11. USER ACCOUNT
To prepare and/or file a tax return using our Services, you must create an account on the TaxSlayer® platform.
When you create an account with us, you represent to us that you are at least the Minimum Age, and that the information you provide us is truthful, accurate, complete, current, and otherwise in compliance with these Terms of Service at all times. Submission of false, misleading, inaccurate, incomplete, obsolete, or other information prohibited under these Terms of Service may result in immediate termination of your account on the Platform. Accounts that are created through fraudulent, misleading, or inauthentic means, whether by third-party apps or otherwise, can be disabled or deleted by us at any time, with or without notice to you. Repeated creation of multiple inauthentic accounts may result in disabling of your account(s) and/or a permanent ban from accessing the Platform.
You are responsible for maintaining the confidentiality of your account login credentials. You agree to accept responsibility for any and all activities that occur under your account, including but not limited to, any activity that occurs as a result of your failure to keep secure and maintain the confidentiality of your account and password. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. You may not use anyone else’s password or account at any time on the Platform. We will not be responsible or liable for any loss or damage arising from your failure to comply with these requirements, and you may be held liable for any losses incurred by us or any other user of the Platform if your failure to keep your account information secure and confidential.
12. USER RESPONSIBILITIES
Preparing your tax return
If you use our Platform to prepare a tax return, you agree that you are responsible for submitting complete and accurate information and for reviewing your tax return for errors prior to electronically filing or printing your return. You are responsible for preparing your return early enough to ensure meeting any tax filing deadlines.
We may offer certain interactive tools and services and informational resources on the Site, and interview questions within the Platform. You acknowledge and agree that these tools and services are provided merely as a convenience to you, and that you retain ultimate responsibility for ensuring the accuracy and completeness of any information you submit while using the Platform.
Printing or filing your return
If you choose to file your return electronically, your tax return will be converted to and stored in a standardized format for transmission to the applicable federal or state taxing authority. We may, but are under no obligation to, make certain non-substantive (e.g., formatting) changes to your return to conform with various e-filing requirements and standards. TaxSlayer cannot guarantee that the taxing authority will accept your return, as rejections may occur due to circumstances beyond our control (e.g., incorrect user information, malfunction of the taxing authority's system, etc.). You are responsible for verifying the status of your return to confirm that it has been received and accepted by the applicable taxing authority and, if necessary, for filing it manually.
Making purchases through the Site
If you wish to make purchases through the Site, you may be asked by the merchant or information or service provider from whom you are making the purchase to supply certain information, including credit card or other payment mechanism information. You agree not to hold TaxSlayer liable for any loss or damage of any sort incurred as a result of any such dealings with any merchant or information or service provider through the Site. You agree that all information you provide any merchant or information or service provider through the Site for purposes of making purchases will be accurate, complete, and current. You agree to pay all charges incurred by users of your account and credit card or other payment mechanism at the prices in effect when such charges are incurred. You also will be responsible for paying any applicable taxes relating to purchases through the Site.
Prohibited activities
As a term of using our Platform, you agree not to engage in any of the following activities:
- copy, upload, post, publish, transmit, reproduce, publicly display, distribute, alter, or modify in any way software or other material obtained through the Platform for commercial purposes (other than as expressly permitted by the provider of such information, software, or other material);
- copy, upload, post, publish, transmit, reproduce, publicly display, distribute, alter, or modify in any way, information, software, or other material obtained through the Platform which is protected by copyright, or other proprietary right, or create derivative works with respect thereto, without obtaining permission of the copyright owner or rightsholder;
- upload, post, publish, reproduce, transmit or distribute in any way any component of the Site itself or derivative works with respect thereto, as the Site is copyrighted as a collective work under U.S. copyright laws;
- remove or modify TaxSlayer’s copyright notices, trademark, logo, legend or other notice of ownership from any part of the Platform;
- access, view, read, modify, reverse compile, reverse assemble, disassemble or print any source code or object code or other runtime objects, components or files distributed with any part of the Platform;
- reverse engineer, modify or copy the look and feel, functionality or user interface of any portion of the Platform;
- defeat, disable or circumvent any protection mechanism related to the Platform;
- rent, lease, distribute (or redistribute), provide, or otherwise make available the Platform, in any form, to any third party;
- share your account credentials, or otherwise share use or access of the Platform with any unauthorized person;
- link to, frame or mirror Web-based applications or any portion thereof;
- probe, scan or test the vulnerability of any of our systems or networks;
- attempt to gain unauthorized access to any of our systems or networks violate or attempt to violate the security of TaxSlayer’s networks or servers;
- breach security or authentication measures;
- access or attempt to access data not intended for you or log into a server or account which you are not authorized to access;
- use any data mining, robots, or similar data-gathering or data-extraction methods in relation to the Platform;
- restrict or inhibit any other user from using and enjoying the Platform, or otherwise interfere or attempt to interfere with the normal operation of our Platform, including by means of transmitting any virus, trojan horse, worm, malware, or other malicious code or software, or by overloading, flooding, spamming, mail bombing, or crashing any part of the Platform;
- post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication (except as otherwise expressly permitted by TaxSlayer); or
- use the Platform to transmit fraudulent information, create any false identity, or mispresent any false identity;
- post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or foreign law, including without limitation the U.S. export control laws and regulations;
- reveal someone’s personal information, such as their address, private e-mail addresses, phone numbers, or bank account information on our Platform; or
- otherwise use the Platform in violation of any applicable federal, state, or local law.
TaxSlayer has no obligation to monitor the Platform. However, you acknowledge and agree that TaxSlayer has the right to monitor the Platform electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation, or other governmental request, to operate the Platform properly, or to protect itself or its customers. TaxSlayer will not intentionally monitor or disclose any private email message unless required by law. TaxSlayer reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, inappropriate or in violation of these Terms of Service.
13. EXPORT CONTROL AND LEGAL COMPLIANCE
The Platform is operated from the United States. We make no representation that the Platform, or content or information available via the Platform, is appropriate or available for use outside the United States, and access to it from jurisdictions where the content is illegal is prohibited. Those who choose to access the Platform from outside the United States do so at their own risk and initiative and are responsible for compliance with all applicable laws.
The Platform may be subject to U.S. export control laws, including, without limitation, the U.S. Export Administration Act and its associated regulations. You may not use or export any materials via our Platform in violation of any export, re-export or import laws and regulations of the United States or any other jurisdiction. You represent and warrant that you are not located in a country that is: (a) subject to an embargo by the United States or that has been designated by the U.S. Department of State as a state sponsor of terrorism; or (b) included on any list of prohibited, restricted, or sanctioned parties published by the United States.
14. DISCLAIMERS
THE SERVICES (INCLUDING ANY SOFTWARE AND CONTENT CONTAINED THEREIN) ARE LICENSED AND PROVIDED "AS IS" AND "AS AVAILABLE". ANY USE OF THE SERVICES WILL BE AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, DATA LOSS, OR NON-INFRINGEMENT, OR ANY WARRANTIES WITH RESPECT TO THE ACCURACY, RELIABILTY, COMPLETENESS, OR AVAILABILITY OF ANY CONTENT OR INFORMATION, INCLUDING ANY WORKSHEETS OR FORMS, PROVIDED WITHIN THE PLATFORM. WE MAKE NO REPRESENTATIONS OR GUARANTEES THAT THE SERVICES WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND WE DISCLAIM ANY LIABILITY RELATING THERETO. WE MAKE NO GUARANTEES, REPRESENTATIONS, OR WARRANTIES THAT THE USE OF OR THE RESULTS OF THE USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, BE ACCURATE, RELIABLE, CURRENT, OR THAT OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE.
YOU FURTHER ACKNOWLEDGE THAT THE OPERATION AND AVAILABILITY OF THE SYSTEMS USED FOR ACCESSING AND INTERACTING WITH THE SERVICES OR TRANSMITTING INFORMATION TO ANY TAXING AUTHORITIES CAN BE UNPREDICTABLE AND MAY, FROM TIME TO TIME, INTERFERE WITH OR PREVENT ACCESS TO THE SERVICES. WE ARE NOT RESPONSIBLE FOR ANY SUCH INTERFERENCE WITH, OR PREVENTION OF, YOUR USE OR ACCESS TO THE SERVICES BEYOND OUR REASONABLE CONTROL. WE ASSUME NO LIABILITY FOR ANY ERRORS OR DELAYS, OR THE CONSEQUENCES THEREOF, IN TRANSMITTING YOUR TAX RETURN, WHETHER CAUSED BY US, YOU, ANY TAXING AUTHORITY, OR ANY THIRD PARTY, OR BY ANY OTHER CAUSE.
WE DO NOT WARRANT THAT ALL VERSIONS OF ANY PRODUCT OR SERVICE OFFERED (E.G., MOBILE, DESKTOP, OR ONLINE) WILL CONTAIN THE SAME FEATURES, CONTENT, OR FUNCTIONALITY. FURTHERMORE, WE DO NOT WARRANT THAT THE IRS FREE FILE PROGRAM DELIVERED BY TAXSLAYER CONTAINS ALL OR THE SAME FEATURES, CONTENT, OR FUNCTIONALITY AS ANY OTHER VERSION OF SOFTWARE OFFERED BY TAXSLAYER.
WE DO NOT PROVIDE TAX ADVICE. YOU AGREE THAT NEITHER TAXSLAYER NOR ANY PART OF ITS PLATFORM SHALL BE CONSTRUED AS A FINANCIAL ADVISOR, LEGAL ADVISOR, TAX ADVISOR, BANK, ACCOUNTING FIRM, OR ANY ADVISOR IN ANY CAPACITY. ANY INFORMATION CONTAINED ON THE PLATFORM IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. WE DISCLAIM ANY RESPONSIBILITY FOR THE VALIDITY, ACCURACY, OR ADEQUACY OF ANY POSITIONS MADE BY YOU ON ANY TAX RETURNS PREPARED USING THE PLATFORM. YOU AGREE THAT YOU ARE RESPONSIBLE FOR ENSURING THAT THE RESULTS AND DOCUMENTS PRODUCED BY THE PLATFORM ARE CORRECT.
THESE DISCLAIMERS OF LIABILITY APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
15. LIMITATION OF LIABILITY
OUR CUMULATIVE LIABILITY TO YOU OR ANY PARTY RELATED TO YOU FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR USE OF THE PLATFORM WILL NOT EXCEED THE AMOUNT YOU ACTUALLY PAID FOR THE APPLICABLE PORTION OF THE SERVICES AT ISSUE WITHIN THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF YOUR CLAIM. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION OR CLAIMS IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, INDEMNITY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND OTHER TORTS.
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR INVESTMENT, OR THE LIKE), OR FOR THE LOSS OF PROFIT, REVENUE, OR DATA, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY OF TAXSLAYER, ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, WEBSITE CO-BRANDING PROVIDERS AND CONTENT OR SERVICE PROVIDERS RESPECTIVE LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY SUCH STATE LAW.
16. INDEMNIFICATION
You agree to defend (at our option), hold harmless, and indemnify us from and against all third-party claims and all liabilities, assessments, losses, costs and expenses (including reasonable attorneys’ fees), or damages resulting from or arising out of (a) your alleged or actual breach of these Terms of Service, including your representations and warranties; (b) your use or misuse of the Platform; (c) your placement or transmission of any message, information, software or other materials through the Site by you or users of your account; and/or (d) your alleged or actual infringement or violation of the rights of a third party, including without limitation any intellectual property rights, rights of publicity, and rights of privacy.
17. TERM AND TERMINATION
Subject to the terms of this section, these Terms of Service will remain in effect for as long as you use the Platform. You may cancel your account and terminate these Terms of Service at any time and for any reason. We may terminate these Terms of Service and your access to the Platform at any time and for any reason, with or without notice to you. Upon any termination of these Terms of Service, the rights and licenses granted to you hereunder, including your ability to access and use the Platform, will immediately terminate, and you shall immediately cease using any and all materials and other similar content in your possession or control that are proprietary to us. You agree that we will have no liability to you for any costs, losses, damages, or liabilities arising out of or related to the termination of these Terms of Service. Any provision of these Terms of Service that should, by its nature, survive termination of these Terms of Service will survive its termination.
18. ASSIGNMENT
We may assign these Terms of Service or delegate any of our rights or obligations hereunder, or any part thereof, to any third party, including our successor-in-interest, without requiring your written consent. You may not assign these Terms of Service in whole or in part, for any reason. These Terms of Service will be binding upon and will inure to the benefit of the parties and their heirs, executors, administrators, successors, and assigns.
19. THIRD-PARTY BENEFICIARIES
Except with respect to platform providers through which you download or use applications certified by us, nothing in these Terms of Service, either express or implied, is intended to or will be deemed to confer upon any other person or entity any right, benefit, or remedy of any nature whatsoever under or by reason of these Terms of Service.
20. GOVERNING LAW AND DISPUTES
Governing law
These Terms of Service, including all claims relating to or arising hereof or breach thereof, whether sounding in contract, tort, or otherwise, will be governed and construed in accordance with the laws of the state of Georgia, excluding its choice-of-law principles.
Applicability of section
The terms of this section will apply to all disputes, claims, or controversies that may arise out of, are connected with, or relate to these Terms of Service or the Platform, subject only to the following exceptions: (1) if we reasonably believe that you have in any manner acted or failed to act in any manner that may cause harm to us or any third party, we may seek injunctive or other appropriate relief in any court of competent jurisdiction; or (2) any dispute may, at the option of either party, be resolved in small claims court in Augusta, Georgia, provided that such claim (i) falls within the jurisdiction of the small claims court, and (ii) was unsuccessfully resolved through the informal resolution and arbitration procedures required below.
You agree that, except as provided below, any dispute, claim or controversy arising out of or relating in any way to the Platform will be determined by binding arbitration or small claims court, instead of in courts of general jurisdiction.
In no event will the terms of this section limit our ability to investigate complaints or reported violations of these Terms of Service, or to take any action we deem necessary and appropriate to mitigate actions against us, including reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties.
The terms of this Section apply to all disputes and actions, even if the circumstances or relationship giving rise to such disputes or actions occurred prior to this version of the Terms of Service (or such modification). However, these terms do not apply to any dispute which you have asserted, or any action which you have initiated, prior to the effective date of these Terms. If any modification of the terms of this Section is deemed to be unlawful, void or for any reason unenforceable, then the dispute resolution provisions effective at the time of your agreement to these Terms of Service shall govern any dispute or disagreement between you and us regarding the Platform, our Services, or this Agreement.
Class action and jury waiver
THE PARTIES WAIVE THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, MASS ACTION, GROUP ACTION, REPRESENTATIVE ACTION, AND/OR COLLECTIVE ACTION IN ANY DISPUTE. EACH PARTY MAY PROCEED AS TO ANY DISPUTE ONLY IN THAT PARTY'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, MASS ACTION, GROUP ACTION, REPRESENTATIVE ACTION, AND/OR COLLECTIVE ACTION.
Informal resolution
If you have any dispute with us or any related third party, arising out of, relating to, or connected with these Terms of Service or the Platform, you agree to contact us directly and provide a brief, written description of the dispute and your contact information (including your username, if your dispute relates to an account); and give us thirty (30) days from the date of filing your written description with us within which to resolve the dispute to your reasonable satisfaction.
Promptly following receipt of such notice, we will personally meet, via telephone or videoconference, in a good-faith effort to confer with each other and try to resolve informally any dispute covered by these Terms of Service. If you are represented by counsel, your counsel may participate in the conference as well, but you agree to fully participate in the conference personally. Likewise, if we are represented by counsel, our counsel may participate in the conference as well, but we agree to have a company representative fully participate in the conference.
The statute of limitations and any filing deadlines shall be tolled while the Parties engage in the Informal Resolution process.
In the event we are unable to resolve any dispute through an informal dialogue, a third-party arbitrator or small claims court will help us resolve any disputes we might have, and you agree that any disputes will be resolved on an individual basis rather than as a class or collective action. Failure to complete the Informal Resolution process is grounds for dismissal of any Arbitration.
Arbitration
Any claims by us, or claims by you that are not resolved by the informal resolution procedure described above, arising out of, relating to, or connected with these Terms of Service, other than a claim by TaxSlayer for injunctive or other equitable relief, shall be settled confidentially by a single arbitrator with arbitration conducted in Augusta, Georgia (or via remote conferencing where appropriate and permitted to mitigate costs of travel).
The arbitrator will be selected by mutual agreement, and if the Parties are unable to agree on an arbitrator, each Party may petition the State courts of the State of Georgia or the United States District Court for the Southern District of Georgia to appoint on arbitrator meeting the requirements herein from the arbitrators proposed by the Parties.
The Parties agree that neither JAMS nor the American Arbitration Association (“AAA”) shall administer the Arbitration or appoint the Arbitrator. However, the Arbitration shall be administered pursuant to JAMS’ Streamlined Arbitration Rules and Procedures or other comparable rules to which the parties agree. For the avoidance of doubt, the selection of JAMS rules does not mean that JAMS will administer the Arbitration or appoint the Arbitrator.
These Terms of Service and each of its parts evidence a transaction involving interstate commerce, and the Federal Arbitration Act (9 U.S.C. § 1 et seq.) will apply in all cases and govern the interpretation and enforcement of the arbitration rules and arbitration proceedings. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
In addition to and notwithstanding the terms stated above, the following will apply to your disputes: (1) the arbitration proceeding and results thereof will be kept confidential by each party; (2) the arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of these Terms of Service including any claim that all or any part of these Terms of Service is void or voidable; (3) because the Parties agree that disputes or actions can be brought only in an individual capacity, and expressly waive the right to participate in a class action, mass action, group action, representative action, and/or collective action in any dispute, the arbitrator will not have the power to conduct any form of class or collective arbitration, nor join or consolidate claims by or for individuals; and (4) the Parties hereby irrevocably waive any right to a court trial (other than small claims court as provided above) or to serve as a representative, as a private attorney general, or in any other representative capacity, or to participate as a member of a class of claimants, in any lawsuit, arbitration, or other proceeding against us or related third parties arising out of, relating to, or connected with these Terms of Service.
Arbitration Costs
If the Arbitrator finds that the costs and fees of an Arbitration you initiate will be prohibitive for you as compared to the costs of litigation, we will pay as much of your filing, arbitrator, and hearing fees in the Arbitration as the Arbitrator deems necessary to prevent the Arbitration from being cost-prohibitive to you, based on your individual circumstances, regardless of the outcome of the Arbitration, unless the Arbitrator determines that your claim(s) were frivolous or asserted in bad faith. You are responsible for all other attorneys’ fees and expenses for an Arbitration initiated by you. If we initiate an Arbitration against you, we will pay all costs associated with the Arbitration (other than your attorneys’ fees and expenses unless permitted to be recovered under the arbitration rules or applicable law).
Limitation of actions
Regardless of any statute or law to the contrary, you agree that any claim or cause of action arising out of, relating to, or connected with your use of the Platform or any term or condition of these Terms of Service, must be filed within twelve (12) months of the date the facts giving rise to the suit were known or should have been known by you, or forever be barred. This statute of limitations and any filing deadlines shall be tolled while the Parties engage in the Informal Resolution process.
Termination Rights
Your 30-day right to opt out. You have the right to opt-out and not be bound by the specific “Arbitration” and necessarily, the “Arbitration Costs” subsections set forth above, by sending written notice of your decision to opt-out to the following address via certified mail: 945 Broad Street, Augusta, GA 30901. The notice must be sent within thirty (30) days of your first use of the Platform following the effective date of these Terms of Service, otherwise you shall be bound to arbitrate disputes in accordance with these Terms. If you opt-out of the specific “Arbitration” and “Arbitration Costs” subsections above, TaxSlayer also will not be bound by them.
TaxSlayer right to terminate mandatory dispute resolution program. At any time, TaxSlayer may terminate its agreement to this Section. That termination will not affect any action that has already been initiated.
21. WAIVER; SEVERABILITY
The failure of TaxSlayer to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is found to be contrary to any law or regulation of an administrative or governmental agency or body, such provision will be modified and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. In the event such a provision cannot be modified and becomes invalidated or unenforceable, its invalidation or unenforceability will not affect the validity or enforceability of any other provision of these Terms of Service.
22. ENTIRE TERMS OF SERVICE
These Terms of Service, together with our License Agreement and Privacy Policy, as each may be amended from time to time, constitutes the complete and exclusive terms of service between you and us with respect to the subject matter hereof and supersedes all prior or contemporaneous oral or written communications, proposals, representations, understandings, or terms not specifically incorporated herein.
23. CHANGES IN TERMS AND CONDITIONS
From time to time, we may add to, modify, or revise these Terms of Service at our discretion. If a change is determined in our sole discretion to be material, we will notify you by e-mail, via your Account Hub, or by posting a notice on this page. You agree that such modified Terms of Service will be effective upon our posting of such updates, unless otherwise set forth by us. Your continued use of the Platform after such change becomes effective will constitute your affirmative acceptance and agreement to the modified Terms of Service at the time of use. If you do not agree to, or cannot comply with, the Terms of Service as amended, you must stop using the Platform.
24. QUESTIONS REGARDING THESE TERMS OF SERVICE
If you have any questions regarding these Terms of Service, you may contact us at support@taxslayer.com or via First Class Registered U.S. mail, overnight courier, or personal service to TaxSlayer LLC, 945 Broad Street, Augusta, Georgia 30901.
