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About Us
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Terms of
Use
User Agreement for InstaFILE (TM)
Using this InstaFILE service ('Service') means
that you accept and agree to the terms and
conditions of this user agreement ('Agreement').
You may not use the Service until you have read
this Agreement. If you do not accept or agree,
you may discontinue the use of this Service by
clicking the 'Decline' button. As used in this
Agreement, the terms 'you' or 'your' or 'user'
all refer to the person using the Service.
1. General Section:
The Service is an Internet tax service produced
by INSTAFILE INCORPORATED ('INSTAFILE').
INSTAFILE hereby grants to you and you accept a
nonexclusive license to use the Service. The
Service helps you to organize your tax
information logically to assist you in preparing
your tax return.
If returns are filed electronically, INSTAFILE
cannot guarantee that the taxing authority will
accept your returns due to circumstances beyond
INSTAFILE's control. You must review the
electronic filing status after submission to
confirm the file was accepted. INSTAFILE does
not produce electronic filing for all state
returns. Whenever INSTAFILE does not prepare
electronic filing for a particular state, or any
taxing authority does not accept the electronic
filing, you must submit the return using
standard paper.
INSTAFILE is not engaged in rendering legal or
other professional services. If legal or other
expert assistance is required, the services of a
competent professional person should be sought.
It is your responsibility to complete the input
of tax information fully and accurately. Your
returns are subject to evaluation by the taxing
authorities. You may be requested to produce
documents, records, or other evidence to
substantiate the items of income and deduction
shown on a tax return. You agree to review your
tax return for indications of obvious errors
before you file electronically or mail your
printed return.
Should any provision of this Agreement be held
to be void, invalid, unenforceable or illegal by
a court of competent jurisdiction, the validity
and enforceability of the remaining provisions
of this Agreement should not be affected
thereby. Failure of either party to enforce any
provision of this Agreement shall not constitute
nor be construed as a waiver of such provision
or of the right to enforce such provision.
2. Permission:
This Agreement is effective upon your clicking
the 'Accept' button. INSTAFILE may terminate
this Agreement upon the breach by you of any
term hereof. Upon any termination you will no
longer be permitted to use the Service. All
licenses granted hereunder will terminate.
You are responsible for the access of, and
maintenance of all equipment used in conjunction
with the Service. This includes all computers,
software, and any communication equipment used
for the Service.
You agree that you will not assign, sublicense,
transfer, pledge, lease, rent, or share your
rights under this Agreement. The Service is
licensed hereunder solely for your personal use.
The Service may be used only for its intended
purpose, and may not be used to prepare tax
returns or schedules for profit, to prepare
returns for a fee, or to advise others in a
consulting role ('Professional Basis').
INSTAFILE has no responsibility or liability for
damages or claims relating to any use of the
Service on a Professional Basis.
3. Modifications:
INSTAFILE maintains the right to revise or
discontinue any facet of the Service. This
includes but is not limited to hours of
operation, content, functionality, and pricing
for the Service. INSTAFILE reserves the right to
change the terms of the Agreement, as it feels
necessary. Any use of the Service by you after
notification serves as acceptance of Agreement
changes.
You shall not attempt to access any of the
Service systems or programs that are not made
available for public use. Attempts to compromise
security measures, or misuse of the Service, are
a violation of INSTAFILE's copyright, trademark
and trade secrets.
4. Restrictions on the Use of the Product:
Per this Agreement you may use this Service to
prepare tax organizers, and a single federal and
resident state income tax return with electronic
filing, if applicable. The intent of this
Agreement is to forbid you from using this
Service to file returns on a Professional Basis.
No portion of this Service may be copied or
reproduced for commercial exploitation.
You agree that payment for use of this Service
will be made through a valid credit card. The
charge is non-refundable unless otherwise
specified in this Agreement.
5. Service/Limited Warranty:
INSTAFILE PROVIDES InstaFILE; AN INTERACTIVE TAX
ORGANIZER THAT PROVIDES TO YOU THE OPTION TO
PRINT THE TAX RETURN, OR SUBMIT AN ELECTRONIC
RETURN TO THE TAXING AUTHORITY THROUGH THE
InstaFILE INTERNET SERVICE. INSTAFILE WARRANTS
TO YOU THE ACCURACY OF THE InstaFILE
CALCULATIONS ON EVERY FORM PREPARED. INSTAFILE
WILL PAY TO YOU THE AMOUNT OF THE IRS OR STATE
PENALTY AND/OR INTEREST PAID BY YOU TO THE IRS
OR STATE NOT TO EXCEED THE InstaFILE COST PAID
BY YOU. IF YOU BELIEVE SUCH A CALCULATION ERROR
HAS OCCURRED, YOU MUST NOTIFY INSTAFILE IN
WRITING AT INSTAFILE INCORPORATED, 21250
HAWTHORNE BOULEVARD, TORRANCE, CA 90503;
ATTENTION: InstaFILE SUPPORT DEPARTMENT. THIS
NOTIFICATION IS TO BE MADE AS SOON AS YOU LEARN
OF THE MISTAKE (AND IN NO EVENT LATER THAN 30
DAYS AFTER THE PENALTY IS ASSESSED.) YOU MUST
INCLUDE A COPY OF THE IRS/STATE NOTICE, A COPY
OF THE APPLICABLE PRINTED TAX RETURN, AND
SERVICE TRACKING. YOU ARE RESPONSIBLE FOR PAYING
ANY ADDITIONAL TAX LIABILITY AND PROVIDING ANY
OTHER INFORMATION REQUESTED BY INSTAFILE.
6. Disclaimer of Warranties:
Except as expressly provided above, the Service
is provided 'as-is' and, to the maximum extent
permitted by applicable law, INSTAFILE disclaims
all other warranties, express or implied,
regarding the Service, including fitness for a
particular purpose, merchantability, or
non-infringement. Some states do not allow the
exclusion of implied warranties, so the above
exclusions may not apply to you. In the event,
any implied warranties are limited in duration
to 60 days from the date of the Service.
However, some states do not allow limitations on
how long an implied warranty lasts, so the above
limitation may not apply. This warranty gives
you specific legal rights, and you may have
other rights that vary from state to state.
Tax laws and regulations change frequently and
their application can vary widely based upon
specific facts and circumstances involved. You
are encouraged to consult with your own
professional tax advisors concerning your
specific tax circumstances. INSTAFILE disclaims
any responsibility for the accuracy or adequacy
of any positions taken by you in your tax
returns.
You must supply a valid Internet E-mail address
when using the Internet Service for warranties
to be valid. INSTAFILE will use your E-mail
address only for communication with you.
7. Limitation of Liability and Damages:
AS PROVIDED ABOVE IN THE WARRANTY OF CALCULATION
ACCURACY, THE EXTENT OF THE ABOVE WARRANTY OF
CALCULATION ACCURACY, THE ENTIRE LIABILITY OF
INSTAFILE FOR ANY REASON SHALL BE LIMITED TO THE
AMOUNT PAID BY YOU FOR THE SERVICE. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
INSTAFILE IS NOT LIABLE FOR ANY INDIRECT,
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES
(INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF
PROFITS OR INVESTMENT, OR THE LIKE), WHETHER
BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY,
TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY
OR OTHERWISE EVEN IF INSTAFILE HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES
DO NOT ALLOW THE LIMITATION AND/OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION
MAY NOT APPLY.
THE LIMITATION OF DAMAGES AND LIABILITY SET
FORTH ARE FUNDAMENTAL ELEMENTS OF THE BARGAIN
BETWEEN YOU AND INSTAFILE. YOU ACKNOWLEDGE AND
AGREE THAT INSTAFILE WOULD NOT BE ABLE TO
PROVIDE THE SERVICE ON AN ECONOMIC BASIS WITHOUT
SUCH LIMITATIONS.
8. Security:
The protection of your tax return and credit
card information is very important. INSTAFILE
has worked with top technology companies in the
field of Internet security to design a system
that protects your information and data.
INSTAFILE uses state-of-the-art technology to
shield your tax information during transmission
and storage.
You are the only person authorized to use your
InstaFILE Internet Tax Service. You are
responsible for use of the Service. For security
purposes, INSTAFILE will not provide return
information if forgotten, erased or damaged due
to system failure. INSTAFILE has taken great
lengths to secure your information. You should
print copies of your tax returns for your future
use.
9. Data Storage and Additional Information:
Information provided by you is securely stored
on servers owned and maintained by INSTAFILE.
INSTAFILE's Internet Service operates under very
strict security protocols to protect your
information. Extensive backup systems protect
against data loss. Storing information on
INSTAFILE's servers also ensures that tax
information is properly transferred to next
year's tax return. This saves you even more time
and eliminates the need to maintain and locate
tax information a year from now.
By using this system to prepare and submit your
tax return you consent to the disclosure to the
Internal Revenue Service of all information
pertaining to your use of this system, including
the IP address.
In the event INSTAFILE receives a lawful
subpoena of your tax information and data,
INSTAFILE will comply with the law and will
whenever permitted notify you of such subpoena
and will not release the subpoenaed information
and data without your prior approval.
10. Information Disclosure:
InstaFILE collects nonpublic personal
information you have provided, such as your
name, address, social security number and
various income/deductions as calculated within
our program. Once you have accepted this
agreement, InstaFILE will use the information to
transact the filing of your tax return and
payment of necessary fees. InstaFILE may also
use your e-mail address to inform you of filing
deadlines, tax law changes, tax planning
opportunities and other items that may affect
your tax planning or financial position.
You may withdraw your consent to receive such
correspondence from InstaFILE by answering 'no'
to the permission question within the InstaFILE
program, located on the Personal tab, Personal
Profile screen. INSTAFILE does not sell any
nonpublic personal information to third parties.
Privacy Policy Notification:
By clicking the 'Accept' button, you agree that
this acts as receipt of notice of our privacy
policy that is available for viewing on the
InstaFILE website. In addition, each screen of
the program has a link to our privacy policy.
INSTAFILE reserves the right to periodically
change the privacy policy. Such changes will be
placed on our web site and within the program,
and you agree to assume responsibility to review
any and all privacy notices posted on the
InstaFILE web site at the address described
above. Should you not wish to accept changes to
the privacy policy, you may re-open your return
and answer 'no' to the permission question
located on the Personal Tax, Personal Profile
screen.
Statement:
INSTAFILE has made arrangements with the
Republic Bank & Trust Company that allows you to
apply for and receive an advance refund deposit
via direct deposit. Should you take advantage of
the Advance Refund Deposit ('ARD') option, the
fee as well as the other terms and conditions of
your use of the ARD option are solely between
you and the bank.
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