Terms of Service

This Online Tax License Agreement (the "Agreement") is a legally binding contract between you and RT Software Inc, a New York corporation ("RT"). This Agreement governs your use of the Tax Program (as defined below). Be sure that you carefully read and fully understand this Agreement. RT is willing to provide you with access to the Tax Program only on the condition that you accept all of the terms and conditions contained in this Agreement. Your use of the Tax Program will constitute your acceptance of, and agreement 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 SERVICE OR USE THE TAX PROGRAM.

  1. License and Permitted Use. RT grants to you a limited, non-exclusive, non-transferable license to access, display
    and use the Tax Program at or through RT's world wide web online computer service at www.expresstaxrefund.com or a
    licensed third party web site (the "Service") for the 2013 tax year. The Tax Program may include one or more of the following:
    (i) your use of the online tax program, used by you to self-prepare and print, or file, your tax return online (the "Online Tax Program");

    This license grants access to, and use of, the Tax Program by you only in the manner and in accordance with the limitations set forth in this Agreement; provided, and on the condition, that you:
    (1) access and run the Tax Program only on the Service; and
    (2) comply with the terms and conditions of this Agreement. You may access and use the Tax Program solely in
    connection with your own personal tax return or that of your immediate family members. RT will make the Tax Program
    (or comparable replacement tax Program) available generally until October 15, 2014 (and thereafter at the discretion of RT), subject to maintenance, testing and subject to other limitations set forth in this Agreement. You agree to review your tax return(s) and related schedules, once prepared, for accuracy and completeness prior to filing the return(s) with the United States Internal Revenue Service ("IRS") and the relevant state tax authority for the state(s), if any, for which you are preparing state income tax returns. State income tax returns are not e filed. You must mail your state income tax returns to state revenue agencies.

  2. License Restrictions. Title to the Tax Program, the Service and all associated intellectual property rights are
    retained by RT and its licensors. Through your use of the Tax Program and the Service, you acquire no ownership
    interest in the Tax Program, the Service or any component of the Tax Program or the Service. Unless enforcement is prohibited by applicable law, you may not reproduce the Tax Program (including any software involved in the provision of the Service), or modify, decompile, disassemble, or otherwise reverse engineer the Tax Program. No right, title or interest in or to any trademark, service mark, logo, trade name or other intellectual property of RT or its licensors, or any of their respective subsidiaries or affiliates, is granted to you under this Agreement. RT is the owner of the copyright for the Tax Program and RT reserves all rights related to such ownership, including the right to duplicate and license access to, or use of, the Tax Program and the Service. You may not rent, sublicense, lease, distribute, copy, establish a hyperlink to, frame within any web site, or access the Tax Program or the Service for any commercial purpose. You may not access the Service, or use the Tax Program, to prepare tax returns for any other person for a fee or other consideration, and you agree to indemnify RT for any claims or damages arising out of or relating to any such access or use. RT reserves the right to terminate the limited license granted to you hereunder at any time if you fail to comply with any provision of this Agreement and, in such case, you agree to immediately discontinue any use of or access to the Tax Program and the Service. Unless earlier terminated or suspended as expressly provided in this Agreement, the license granted herein will automatically terminate on December 31, 2014.

  3. Privacy. You acknowledge receipt of the RT privacy policy which is made available to you at Home Page and is set forth in full at: www.expresstaxrefund.com/security.cgi, which is incorporated herein by reference.

  4. Account Information Security. You may be required to supply to the Service certain information about yourself, including your username, password and e-mail address (the "Personal Information") In either case, it is your responsibility and obligation to ensure that this and any other information that you supply in order to access the Service is accurate and complete. RT may set up an online account ("Account") with this information or information obtained from the third-party single sign on provider. Through a series of prompts, the Service will ask you to supply certain tax-related information (the "Tax Information"). Your Account information and Tax Information will be stored by RT and linked to your Account through use of your password or account number intended to be known only by you. You must retain and protect your password, and not give your password to anyone. If you lose or do not remember your password or sign-on information, RT may be unable to retrieve your Account information. If you are using the Tax Program on a public terminal, you must sign out of your account and close your browser to limit others from accessing your Tax Information and Account. Certain browsers may store information on your computer even after you have signed out of your account and RT therefore recommends that you do not access or use the Tax Program on a public terminal. RT will retain an electronic copy of your Tax Information, including electronic filing details and status, to the extent required by law and as necessary to provide you with supplemental information and service relating to the Service or your tax return.

  5. Disclaimer: Exclusion of Warranties. The Tax Program and the Service are provided on an "AS AVAILABLE" basis and RT makes no warranties, guarantees or representations of any kind, express or implied, regarding the Tax Program or the Service. WITHOUT LIMITING THE PRECEDING SENTENCE AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY IMPLIED WARRANTIES SUCH AS THE IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY, AND FITNESS FOR A PARTICULAR PURPOSE ARE EXCLUDED FROM YOUR LICENSE AND USE OF THE TAX PROGRAM AND THE SERVICE. To the maximum extent permitted by applicable law, RT does not warrant or promise that the Tax Program will find all of the deductions to which you may be entitled, that you will report all of the income you are required to report, or that the Tax Program or the Service are free from bugs or errors; nor does RT make any other warranties, guarantees or promises about the performance, accuracy, or reliability of the Tax Program or the Service, or their ability to meet your requirements or expectations. RT does not warrant or promise that the Tax Program will identify or correct any or all errors made by you in your self-preparation of your tax return. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THESE EXCLUSIONS MAY NOT APPLY TO YOU.

  6. Limitations on Liability and Damages. To the maximum extent permitted by applicable law, you agree that the limited guarantees in Section 5 are the only remedies that you are entitled to, and RT, its subsidiaries and affiliates will not at any time have any additional obligation or liability for any claim, cause of action or injury that you or any other person may have as a result of (1) your inability to access the Service, Tax Program or your Account information; (2) any inoperability of the Service or Tax Program or your inability to file any tax return by the filing deadline.IN NO EVENT WILL RT, ITS AFFILIATES OR SUBSIDIARIES BE LIABLE TO YOU, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOST DATA, LOST GOODWILL, LOST PROFITS OR BUSINESS, LOSS OF USE, OR FOR ANY CLAIM OR DEMAND AGAINST YOU BY ANY OTHER PARTY, EVEN IF RT, ITS AFFILIATES OR SUBSIDIARIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. You agree that the essential purposes of this Agreement can be fulfilled even excluding such damages. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

  7. Arbitration Provision. The parties agree that any claim, dispute or controversy, whether in contract, tort (intentional or otherwise), whether pre-existing, present or future, and including constitutional, statutory, common law, regulatory, and equitable claims in any way arising out of or relating to:
    (a) the Tax Program or the Service, including, but not limited to, the preparation of your tax return(s) and any tax advice RT may provide in connection with your tax return(s);
    (b) advertisements, promotions, or oral or written statements arising out of or relating to the Tax Program or the Service; or
    (c) RT's privacy policy; or
    (d) the relationships of the parties, including the validity, enforceability or scope of this Agreement or any part hereof (collectively, the "Claim"), shall be resolved, upon the election of either you or RT, by binding arbitration pursuant to this arbitration provision and the applicable rules of either Judicial Arbitration and Mediation Services, Inc. ("JAMS") or the National Arbitration Forum ("NAF") in effect at the time the Claim is filed. The party initiating the arbitration proceeding shall have the right to select one of these two arbitration administrators. The arbitrator must be a lawyer with more than ten (10) years of legal experience or a retired or former judge. In the event of a conflict between this arbitration provision and the rules of the arbitration administrator, this arbitration provision shall govern. RT hereby agrees not to invoke its right to arbitrate an individual Claim you may bring in small claims court, if any, so long as the Claim is pending only in that court. No class actions, or joinder or consolidation of claims with other persons, are permitted in the arbitration without the written consent of the parties hereto. On any Claim you file, you will pay the first \$50.00 of the filing fee. At your request, RT will pay the remainder of the filing fee and any administrative or hearing fees charged by the arbitration administrator, up to \$250.00 on any Claim asserted by you in the arbitration. If the arbitrator grants an award in your favor in excess of an amount, if any, offered to you by RT in settlement of your Claim, RT will reimburse you for any additional fees paid or owed by you to the arbitration administrator up to the amount of the fees that would have been charged if the original Claim had been for the amount of the actual award in your favor. If the arbitrator issues an award in RT's favor, you will not be required to reimburse RT for any fees RT has previously paid to the arbitration administrator on your behalf or for which RT is responsible. Any participatory arbitration hearing that you attend will take place in the federal judicial district in which you live. This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. ßß 1-16 (the "FAA"). The arbitrator shall apply substantive law consistent with the FAA, and except where inconsistent with the FAA, the choice of law provision of Section 9(A) of this Agreement. The arbitrator's award shall not be subject to appeal, except as permitted by the FAA. Upon request of either party, the arbitrator shall prepare a short, reasoned, written opinion supporting the arbitration award. Judgment upon the award may be entered in any court having jurisdiction. Nothing in this arbitration provision shall prevent either you or RT from seeking or obtaining injunctive relief as a result of a violation or threatened violation of Section 2 of this Agreement. YOU ACKNOWLEDGE THAT YOU HAVE A RIGHT TO LITIGATE CLAIMS IN COURT BEFORE A JUDGE OR JURY, BUT YOU AGREE TO RESOLVE ANY SUCH CLAIMS THROUGH ARBITRATION AND HEREBY KNOWINGLY AND VOLUNTARILY WAIVE YOUR RIGHTS TO LITIGATE SUCH CLAIMS IN COURT BEFORE A JUDGE OR A JURY, UPON ELECTION OF ARBITRATION BY RT OR BY YOU. YOU ACKNOWLEDGE THAT YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE AS A REPRESENTATIVE OR MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION, EVEN IF SUCH CLASS ACTION IS PENDING ON THE DATE OF YOUR ACCEPTANCE OF THIS AGREEMENT, EXCEPT THAT THIS ARBITRATION PROVISION WILL NOT PRECLUDE YOUR PARTICIPATION IN A CLASS WHICH HAS ALREADY BEEN CERTIFIED ON THE DATE OF YOUR ACCEPTANCE OF THIS AGREEMENT.
    If you have a question about the arbitration administrators mentioned in this arbitration provision or if you would like to obtain a copy of their arbitration rules you can contact them as follows (contact information is subject to change):
    J.A.M.S., 1920 Main Street, Suite 300, Irvine, CA92614, www.jamsadr.com , (800) 352-5267, (JAMS Streamlined Arbitration Rules and Procedures); National Arbitration Forum, P.O. Box 50191, Minneapolis, MN 55405, www.arb-forum.com , (800) 474-2371, (Code of Procedure).

  8. Other Agreements.
    (A) Governing Law; Jurisdiction. This Agreement shall be governed by the laws of the State of New York, without regard to principles of conflicts of law. Subject to, and without limiting, Section 7 of this Agreement, the parties agree that the exclusive jurisdiction of any dispute arising out of, or relating to, this Agreement or any dispute arising out of, or relating to, the Tax Program or services provided in connection therewith shall be in the courts located in the county of Queens, State of New York.
    (B) Entire Agreement. This Agreement is the entire and exclusive agreement between the parties with respect to the subject matter hereof, and it supersedes all previous communications, representations or agreements, either oral or written, between them. No representations or statements of any kind made by any representative of RT or its affiliates or subsidiaries, which are not included in this Agreement, shall be binding on RT.
    (C) Amendments. Neither party may modify or amend any provision of this Agreement except by a written agreement signed by you and an authorized representative of RT.
    (D) Waiver. No waiver of any provision or condition herein shall be valid unless in writing and signed by you and an authorized representative of RT. RT's failure to insist upon or enforce strict performance of any provision of this Agreement or any right shall not be construed as a waiver of any such provision or right.
    (E) Severability. If any provision of this Agreement is determined to be illegal or unenforceable, such provision shall be automatically reformed, modified or deleted so as to make the resulting agreement valid, operative and enforceable to the maximum extent permitted by law or equity while preserving, to the fullest extent possible, its original intent. The invalidity of any part of this Agreement shall not render invalid the remainder of this Agreement.
    (F) Assignment. RT may assign this Agreement, or its rights and obligations hereunder, to any party at any time. You may not assign this Agreement, or your rights or obligations hereunder, without the prior written consent of RT.
    (G)Fees. It is your responsibility to check payment and pricing options available at www.expresstaxrefund.com/pricing.cgi prior to submission of your tax information to RT. RT is not a free service. I hereby authorize RT to charge my credit/debit card for use of the Tax Program.
    (H) Communication. RT is entitle to contact you by phone (and/or email) regarding your account whether it be for billing, client and/or promotional information.
    (I) Miscellaneous. This Agreement shall inure to the benefit of RT, its affiliates, subsidiaries and their respective successors and assigns. Any and all references in this Agreement to RT, its affiliates and subsidiaries shall, where the context so permits, include RT's parent companies, and their respective subsidiaries, affiliates, directors, officers, employees, contractors and agents. In the event of any conflict between the terms of this Agreement and those of the Terms of Service Agreement applicable to your use of the www.expresstaxrefund.com web site (such terms located at www.expresstaxreund.com/terms.cgi the terms of this Agreement shall prevail. Any provision which by its terms is intended to survive termination of this Agreement, including, but not limited to, the provisions of all Sections shall survive termination or expiration of this Agreement. The headings contained herein are for your convenience only and shall not be used to interpret or construe any of the terms of this Agreement.

THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES.
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