FreeTaxNow License Agreement

FreeTaxNow.com is a service (Website, Mobile Application, Mobile Website, et al.) of FreeTaxNow™ for on-line tax return preparation. FreeTaxNow (including its related user instructions and content) and, if selected by the user, FreeTaxNow's Electronic Filing Services (defined below), LegalLightning (a will and estate planning forms system), and Audit Assistance (an assistance program in the event you are audited) are collectively referred to as the “Services”. This is IMPORTANT INFORMATION and you may not use the Services offered until you have read this License Agreement and indicated your unconditional acceptance of it by signing and creating an account. If you do not accept this Agreement, you will be prompted to terminate your use of the website and any Services offered. As used in this Agreement, the terms 'you', 'your' or 'user' are synonymous, and refer to the person using the Services. A 'registered user' is a user from whom FreeTaxNow has received the information necessary to permit such person to print or electronically file a tax return prepared using the Services and who complies with the terms and conditions of this Agreement. Note that you must be a registered user to be eligible for the guarantee and limited warranty described below.

Permitted Uses and Restrictions on Use

You are granted a personal, limited, non-exclusive, non-transferable license to use the Services to prepare a single valid tax return and, after proper registration and any applicable payment, to file electronically such tax return. You agree that FreeTaxNow is not acting as your agent or fiduciary in connection with your use of the Services or any Third Party Services (see below). You strictly prohibited from using the Services to prepare tax returns, schedules or worksheets on a professional basis for a fee. FreeTaxNow shall have no responsibility or liability for damages or claims relating to any use of the Services on a professional basis (i.e., for a preparer's or other fee for tax preparation services) and you agree to indemnify FreeTaxNow against any claims relating to such use.

It is IMPORTANT that you review and correct your tax return for obvious errors prior to electronically filing your return. You are responsible for acquiring and maintaining all equipment, computers, software and communications services (such as long distance and data phone charges by your carrier) relating to the access and use of the Services, and for all related expenses and applicable taxes. The payment of all fees and charges to FreeTaxNow, if applicable, must be made by your valid credit or charge card (or other payment mechanism made available through the Service) and, except as otherwise provided herein, all fees and charges are non-refundable.

FreeTaxNow expressly reserves all patent, copyright, trade secret, trade name, trademark and other proprietary rights related to the Services, and you shall not infringe or violate such rights. You shall not attempt to access any other of FreeTaxNow'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, resold, or distributed in any way without FreeTaxNow's written permission. Modification or use of materials on the site for any purpose other than those permitted in this Agreement is a violation of FreeTaxNow's patent, copyright, trade secret, trade name, trademark and/or other proprietary rights.

Security and Data Storage

You are the only person authorized to use your user name and password. You shall not permit or allow other persons to have access to or use your user name and password, except if you choose to provide that information to FreeTaxNow's authorized technical support personnel to assist you. You are responsible for the use of the Services under your user name, and for maintaining the confidentiality of your user name and password. For security purposes, FreeTaxNow will not disclose your password if you lose or forget it. If you forget your user name or password you will need to start your tax return over from the beginning with a new user name and password. You must remember your user name and password to electronically transfer your tax return information into next year's tax return. Although FreeTaxNow has taken reasonable measures to protect the security of your tax return information, FreeTaxNow (i) does not guarantee the security of information collected during your use of the Services, (ii) shall not be liable in any way for a compromise of your data, and (iii) except to the extent required by applicable law, has no obligation to store or maintain any information you provide to it. You agree to print or save a copy of your tax return for your records.

Electronic Filing Services

If you choose to file your tax return electronically, your return will be forwarded to FreeTaxNow's Electronic Filing Center, where it will be converted to and stored in a standardized format and then transmitted to the applicable federal and/or state taxing authority (the 'Electronic Filing Services'). FreeTaxNow cannot guarantee that the taxing authority will accept your return due to circumstances beyond FreeTaxNow's control (e.g., incorrect user information, malfunction of the taxing authority's system, communications system problems, etc.). You are responsible for filing your tax return in sufficient time to meet any filing deadlines and 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. Stated again, it is IMPORTANT that you review and correct your tax return for obvious errors prior to electronically filing your return. As an additional method for detecting fraud in tax information transmitted via the Internet, in connection with the electronic filing of your tax return the Internal Revenue Service (IRS) requires FreeTaxNow to notify it of the Internet Protocol (IP) address of the computer from which the return originated and whether the email address of the person electronically filing the return has been collected. By using the Electronic Filing Services to prepare and submit your tax return, you consent to the disclosure to the IRS and any other tax or revenue authority of all information pertaining to your use of the Services.

Operation

FreeTaxNow intends to make the Services available for the preparation of tax year 2017 tax returns until October 15, 2018. However, FreeTaxNow has the right at any time and for any reason to modify or discontinue any aspect or feature of the Services, including but not limited to its content, functionality or hours of availability, the equipment needed for its access or use, or its pricing. You should confirm that the pricing for your use of the Services has not changed, particularly if some time has passed between the date you start your tax return and the date you finish and are ready to file or print and pay for it. FreeTaxNow is not responsible for the inability to file or the late filing of your tax return due to such discontinuation of Services, and you acknowledge that you should file your tax return in sufficient time to meet any filing deadlines. In addition, FreeTaxNow reserves the right, at any time, to change the terms of this Agreement by publishing notice of such changes on its Internet site. Any use of the Services by you after FreeTaxNow's publication of any such changes shall constitute your acceptance of this Agreement as modified. You agree that FreeTaxNow is permitted to access and use any tax return and other information provided by you in order to perform the Services and, if necessary, to access such information to obtain contact information in order to provide notifications relating to the Services to you.

Data Import Capability

FreeTaxNow has implemented methods (e.g. PDF Import, Photo W2 Import) that allow you to import tax return data for use during the preparation of your tax return. Use of these services is done at your own risk. FreeTaxNow does not guarantee the accuracy or completeness of data imported by or on the behalf of the customer. We do not warrant that this process is error free. Final review and approval of all imported data is the sole responsibility of the customer. You agree to hold FreeTaxNow harmless in the event any damages are occurred as the result of wrongfully imported data.

Third Party Services

Services, products, offers and promotions provided by third parties, and not by FreeTaxNow, are made available in connection with the marketing, distribution and use of the Services, including SecurelyID, Velapoint, and our financial partners (“Third Party Services”). The Third Party Services may include refund transfers, refund advances, and live tax advice, among others. You are responsible for reviewing and understanding the terms and conditions governing any Third Party Services. FreeTaxNow is not responsible for the performance of Third Party Service providers in connection with the Third Party Services.

Privacy of Customer Information

PRIVACY POLICY

This Privacy Policy applies to Freetaxnow.com owned and operated by TaxSlayer.com. At Freetaxnow.com (collectively “We”, “Us”, “Our or “Freetaxnow”), we are committed to safeguarding customer information on www.freetaxnow.com. Protecting your privacy is very important to FreeTaxNow. This Privacy Policy explains FreeTaxNow’s collection, use, shares, retention and security of information about you. It also describes your choices regarding use, access and correction of your personal information.

If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request .

Collection of Information

Visiting our Website

FreeTaxNow will not collect personal information just because you visit this site. We automatically collect and maintain statistical information from our site's data logs that concern network traffic flow and volume. This information may consist of the visitor’s domain, Internet Protocol (IP) address, browser and operating system type, service provider, time and duration on our site, incoming and exiting page on the site, and clickstream data. This information is not personal information does not identify individual visitors. This information is used to enhance and improve your experience on our site.

Product Purchases

The purpose of this site is to market and sell our products and services. As a result, you may be asked to provide some personal information, such as full name, email address, and phone number. If you prepare or file a tax return using the Services on FreeTaxNow.com, we collect additional information such as social security number, income, employment status, claimed deductions, and other information necessary to accurately complete your tax return. If you purchase our products or services, payment information such as credit card number and expiration date is collected to complete the transaction. Additional banking information such as account and routing numbers may be collected in case of an expected refund deposit.

Mobile

When you download and use our Services, we automatically collect information on the type of device, system and performance information, and operating system. We may use mobile analytics software to allow us to better understand the functionality of our systems on your phone. This analytics software may record information such as how often you use the application, the events that occur within the application, aggregated usage, performance data, and where the application originated. We do not link the information we store within the analytics software to any personally identifiable information you have otherwise submitted. We may send push notifications to update you about any events or promotions that we may be offering. If you no longer wish to receive these notifications, you may turn them off at the device level.

Analytics Technologies

Technologies such as: cookies, beacons, tags, scripts or similar technologies are used by FreeTaxNow and our partners affiliates, or analytics or service providers. Additionally, this site uses a web analytics service which may record mouse clicks, mouse movements and scrolling activity. These technologies are used in analyzing trends, administering the site, tracking users’ movements around the site and to gather demographic information about our user base as a whole. We may receive reports based on the use of these technologies by these service providers on an individual as well as aggregated basis. We use cookies for our shopping cart, to remember users’ settings (e.g. language preference), for authentication. Users can control the use of cookies at the individual browser level. If you reject cookies, you may still use our site, but your ability to use some features may be limited.

Behavioral Advertising

We partner with a third party provider to either display advertising on our site or to manage our advertising on other sites. Our third party partner may use technologies such as cookies to gather information about your activities on this site and other sites in orderto provide you advertising based upon your browsing activities and interests. If you wish to not have this information used for the purpose of serving you interest-based ads, you may opt-out by clicking here . Please note this does not opt you out of being served ads. You may continue to receive generic ads.

Use of Information

Section 301-7216 of the Internal Revenue Code specifically governs the use and disclosure of Tax Return Information. Some states may also have additional laws and regulations related to use and disclosure of the same information. We use your Tax Return Information only in accordance with those applicable laws and regulations to prepare and assist in preparing your tax return, to provide services associated with preparing your tax return, and to provide you with other products and services you specifically request or consent to.

We use the information you provide (discussed above) to complete purchases of products and services you request. As permitted by law, we may also use the information you provide to address questions submitted to our customer or technical support systems, to send updates or security alerts, marketing messages, or to provide notification of new products, services, enhancements, and promotions. We may use your information to show you relevant information and offer you other products and services. These offers may come from us or a service provider.

Lastly, we also use the information we collect to monitor and investigate fraud, identity theft, and other illegal activity and to personalize and improve our Services.

Disclosure of Information

The privacy and security of your information is important to us. We do not sell or rent your information (including your social security number). We may disclose as indicated below, share your information to support the products and services you request, or provide your information to third parties, upon your specific consent, for products and services that may benefit you.

We disclose Tax Return Information in accordance with your requests, such as when filing a tax return with the IRS or state revenue authority. FreeTaxNow may be required to disclose personal information without your consent as provided by law, such as, to respond to lawful requests by public authorities, including to meet national security or law enforcement requirements, a subpoena or court order, judicial process or bankruptcy proceedings, regulatory authorities, to protect against fraud.

We may share information about you and the products and services you have purchased from us, among members of the FreeTaxNow Corporate family and our parent company Rhodes Financial Services, all of whom follow our Privacy Policy. In some cases, your information may be disclosed to our service providers to complete a product purchase, to fulfill a service you request, or to market one of our products or services. While this may require us to share information, these service providers are strictly prohibited from using your information other than to act on our behalf.

Your information may be disclosed in connection with a proposed or actual sale, merger, or transfer of all or a portion of our business or relevant operating unit. You will be notified via email and/or a prominent notice on our website, of any change in ownership, uses of your personal information, and choices you may have regarding your personal information.

Tell A Friend/TaxPerks

If you choose to use our referral service to tell a friend about our site, we will ask you for the referral’s name and email address. We will automatically send the referral an electronic invitation to visit our site. FreeTaxNow.com stores this information for the sole purpose of sending this one-time email and tracking the success of our referral program. Your friend may contact us at http://www.FreeTaxNow.com/optout.aspx to request that we remove this information from our database. When you provide us with personal information about your contacts we will only use this information for the specific reason for which it is provided. If you believe that one of your contacts has provided us with your personal information and you would like to request that it be removed from our database, please contact us at 3003 Allen Drive Evans, GA 30809.

Testimonials

From time to time, we post customer testimonials on our website, which may contain personal information such as the customer's name. Prior to posting a testimonial, we obtain the customer's consent. Any questions about testimonials or to delete a testimonial should be directed to support@FreeTaxNow.com.

Blog/Forum

Our website may offer publicly accessible blogs or community forums. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them. Any questions regarding postings on our blog or community forum should be directed to support@FreeTaxNow.com. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. Alternatively, if you used a third party application to post such information, you can remove it, by either logging into the said application and removing the information or by contacting the appropriate third party application.

Newsletters

We may use your name and email address to send newsletters to you to provide information. Out of respect for your privacy, we provide you a way to unsubscribe to any newsletters. Please visit http://www.FreeTaxNow.com/optout.aspx to opt out.

We may also disclose your personal information to any other third party with your prior consent.

Links

As a service to our customers, we have installed links to various tax agencies/services. These include IRS.Gov, and various state agencies and organizations. The links provided are maintained by these separate entities and are not the property of, or affiliated with, FreeTaxNow.com. If you submit personal information to any of those sites, your information is governed by their privacy policies.

Social Media Widgets

Our website includes Social Media Features, such as the Facebook Like button [and Widgets, such as the Share this button or interactive mini-programs that run on our site]. These Features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the Feature to function properly. Social Media Features and Widgets are either hosted by a third party or hosted directly on our Site. Your interactions with these Features are governed by the privacy policy of the company providing it.

Our Security Practices and Information Accuracy

FreeTaxNow understands the importance of protecting customer information. FreeTaxNow adheres to regulatory, security, and privacy standards applicable to the tax preparation industry. FreeTaxNow’s web-based and desktop applications have a proven record of securing information by utilizing a variety of security related technologies including, but not limited to, firewalls, intrusion detection systems, web application firewalls, encryption, access controls, network isolation, auditing systems, data classifications, and data obfuscation. To protect the data as our client enters it in the system, FreeTaxNow incorporates the use of SSL encryption facilitated by an Extended Validation SSL Certificate issued by a recognized trusted certificate authority. FreeTaxNow utilizes security guards, access controls, biometrics, man traps, and other security mechanisms to protect physical access to the datacenter. FreeTaxNow’s information systems maintain PCI compliance which must be renewed annually. Additionally, our systems are routinely subject to automated vulnerability testing purposely exceeding the requirements of PCI compliance. This practice allows quicker identification and remediation of risks to the privacy of taxpayer data. Internal audits are performed continuously throughout the year to ensure compliance with regulatory standards and FreeTaxNow’s Information Security Policy Manual. If you have any questions about the security of your personal information, you can contact us at support@FreeTaxNow.com.

Data Retention

We will retain your information for up to three tax years as long as your account is active, or as needed to provide you services. If you wish to cancel your account or request that we no longer use your information to provide you services contact us at support@FreeTaxNow.com. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

Access to Personal Information

Upon request, FreeTaxNow.com will provide you with information about whether we hold any of your personal information. Personal Information is accessible online through October 15 of the year in which the return is filed. You may view, delete and/or make changes to your personal information by visiting your account online at https://www.FreeTaxNow.com and selecting 'Edit Account Information' or by emailing our Customer Support at support@FreeTaxNow.com or by contacting us by telephone or postal mail at the contact information listed below. Any return e-filed through FreeTaxNow.com will be available only in PDF format (fees may apply). We will respond to your request to access within a reasonable timeframe.

Our Former Customers

Even if you are no longer a FreeTaxNow customer, our Privacy Policy will continue to apply to you.

How to Contact Us

If you have questions or concerns regarding this policy, you should first contact customer support at support@FreeTaxNow.com.

You can also write us at:

  • FreeTaxNow.com Privacy
  • 3003 Allen Drive
  • Evans, GA 30809

Changes in this Privacy Policy

The Privacy Policy applies to products and services of FreeTaxNow.com, online. We reserve the right to change this Privacy Policy, and any of the policies described above, at any time. Any substantive changes to our policy will be immediately posted and made available to consumers at our website. We may also email users with this information. If we make any material changes we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on this website prior to the change becoming effective.

GAURANTEE AND WARRANTIES

Satisfaction Guaranteed for Registered Users

FreeTaxNow provides the following guarantee. If a registered user is not 100% satisfied with the Services, the user shall immediately stop using the Services and contact Customer Service within 60 days of paying for the Services to request a full refund of the fees paid by such registered user (if any) to FreeTaxNow for using the Services. Such full refund shall be FreeTaxNow's and its Participating Parties' (defined below) entire liability and a registered user's exclusive remedy.

Limited Warranty for Registered Users

FreeTaxNow warrants only to its registered users the accuracy of the calculations on every form validly prepared using the Services. If you, as a registered user, pay an IRS or state penalty and/or interest solely because of a calculation error on a form prepared using the Services 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 FreeTaxNow has announced updates or corrections to the Services in time for you to file an amended return, then FreeTaxNow 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. In this regard, you are responsible for keeping FreeTaxNow informed promptly of any change in your email address and mailing address and phone number so that notices of such updates or corrections can be provided by FreeTaxNow. If you believe such a calculation error occurred and you have complied with the above conditions, please notify FreeTaxNow in writing at FreeTaxNow, Attn: FreeTaxNow 3003 Allen Drive, Evans, Georgia 30809 as soon as you learn of the mistake (and in no event later than 30 days after the penalty or interest is assessed). You must include a copy of the IRS/state notice, evidence of payment of the specified penalty and/or interest, a copy of the applicable hardcopy tax return, your user identification and password and, if available, a diskette with the applicable tax return data file on it. In any event, the filing of such a claim shall constitute your authorization for FreeTaxNow to obtain and review any data files that may be in FreeTaxNow's possession or control to evaluate your claim. You are responsible for paying any additional tax liability you may owe and providing any other information FreeTaxNow reasonably requests.

DISCLAIMER OF WARRANTIES

EXCEPT AS EXPRESSLY PROVIDED ABOVE, THE SERVICES ARE PROVIDED 'As Is' AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FREETAXNOW AND ITS AFFILIATES, LICENSORS, DISTRIBUTORS, THIRD PARTY CONTENT OR SERVICE PROVIDERS, ADVERTISERS, WEB-LINK PROVIDERS, SUPPLIERS, OR FINANCIAL INSTITUTIONS (COLLECTIVELY, THE 'PARTICIPATING PARTIES') DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICES AND THEIR RELATED MATERIALS, INCLUDING THEIR FITNESS FOR A PARTICULAR PURPOSE, THEIR QUALITY, THEIR TITLE, THEIR MERCHANTABILITY AND THEIR NON-INFRINGEMENT. Some states do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. In that event, any implied warranties are limited in duration to 60 days from the date of purchase of the Services. However, some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. This warranty gives you specific legal rights, and you may have other rights that vary from state to state.

FreeTaxNow does not warrant that the Services are secure, free from bugs, interruptions, errors, or other program limitations. You acknowledge that use of the Internet presents certain risks relating to viruses or other harmful components. You (and not FreeTaxNow assume the entire cost of all-necessary servicing, repair, or correction of problems with your software or your hardware caused by viruses or other harmful components.

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

All warranties or guarantees given or made by FreeTaxNow with respect to the Services (1) are for the benefit of the registered user of the Services only and are not transferable, and (2) shall be null and void if you breach any terms or conditions of this Agreement.

LIMITATION OF LIABILITY AND DAMAGES

You acknowledge that the operation and availability of the communications systems used for accessing and interacting with the Services or to transmit information to the taxing authorities (e.g., the public telephone, computer networks and the Internet) can be unpredictable and may, from time to time, interfere with or prevent access to Services or their operation. FreeTaxNow is not in any way responsible for any such interference with or prevention of your use of or access to Services.

YOU AGREE THAT YOU WILL NOT HOLD FREETAXNOW LIABLE FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF YOUR PARTICIPATION IN THIRD PARTY SERVICES. ADDITIONALLY, EXCEPT FOR THE ABOVE REIMBURSEMENT FOR CALCULATION ERRORS, YOUR EXCLUSIVE REMEDY AND THE ENTIRE LIABILITY OF FREETAXNOW AND THE PARTICIPATING PARTIES FOR ANY REASON SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE SERVICES OR THE THIRD PARTY SERVICES, AS APPLICABLE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FREETAXNOW AND THE PARTICIPATING PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, 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, EVEN IF FreeTaxNow OR THE PARTICIPATING PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. 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 to you.

The limitations of damages or liability set forth in this Agreement are fundamental elements of the basis of the bargain between FreeTaxNow and you. You acknowledge and agree that FreeTaxNow would not be able to provide this product on an economic basis without such limitations.

DISPUTE RESOLUTION

WE HOPE TO MAKE YOU A HAPPY CUSTOMER, BUT IF THERE'S AN ISSUE THAT NEEDS TO BE RESOLVED, THIS SECTION OUTLINES WHAT'S EXPECTED OF BOTH OF US. YOU AND FREETAXNOW BOTH AGREE TO RESOLVE DISPUTES ONLY BY ARBITRATION. YOU UNDERSTAND AND AGREE THAT IN SUCH ARBITRATION YOU ARE LIMITED TO THE LIMITATINS, REMEDIES AND DAMAGES OTHERWISE SET OUT IN THIS AGREEMENT. YOU UNDERSTAND THAT BY THIS AGREEMENT YOU ARE GIVING UP THE RIGHT TO BRING A CLAIM IN COURT OR IN FRONT OF A JURY. WHILE THE PROCEDURES MAY BE DIFFERENT, AN ARBITRATOR CAN AWARD YOU THE SAME DAMAGES AND RELIEF, AND MUST HONOR THE SAME TERMS IN THIS AGREEMENT, AS A COURT WOULD. IF THE LAW ALLOWS FOR AN AWARD OF ATTORNEYS' FEES, AN ARBITRATOR CAN AWARD THEM TOO. WE ALSO BOTH AGREE THAT:

  1. THE FEDERAL ARBITRATION ACT APPLIES TO THIS AGREEMENT. ANY DISPUTE THAT IN ANY WAY RELATES TO OR ARISES OUT OF THIS AGREEMENT OR FROM ANY SERVICES YOU RECEIVE FROM US (OR FROM ANY ADVERTISING FOR ANY SUCH PRODUCTS OR SERVICES) OR CLAIMS AGAINST US ARISING OUT OF THIRD PARTY SERVICES, INCLUDING ANY DISPUTES YOU HAVE WITH OUR EMPLOYEES OR AGENTS, WILL BE RESOLVED BY ONE OR MORE NEUTRAL ARBITRATORS BEFORE THE AMERICAN ARBITRATION ASSOCIATION ('AAA') OR BETTER BUSINESS BUREAU ('BBB').
  2. UNLESS YOU AND FREETAXNOW AGREE OTHERWISE, THE ARBITRATION WILL TAKE PLACE IN COLUMBIA COUNTY, GEORGIA. FOR AWARDS OVER $10,000, THE LOSER CAN ASK FOR A PANEL OF THREE NEW ARBITRATORS TO REVIEW THE AWARD. FOR CLAIMS OF $10,000 OR LESS, THE PARTY BRINGING THE CLAIM CAN CHOOSE EITHER THE AAA'S RULES FOR CONSUMER DISPUTES OR THE BBB'S RULES FOR BINDING ARBITRATION. YOU CAN GET PROCEDURES, RULES AND FEE INFORMATION FROM THE AAA (WWW.ADR.ORG), THE BBB (WWW.BBB.ORG) OR FROM US. FOR CLAIMS OF $10,000 OR LESS, YOU CAN CHOOSE WHETHER YOU'D LIKE THE ARBITRATION CARRIED OUT BASED ONLY ON DOCUMENTS SUBMITTED TO THE ARBITRATOR, OR BY A HEARING IN PERSON OR BY PHONE.
  3. THIS AGREEMENT DOESN'T ALLOW CLASS OR COLLECTIVE ARBITRATIONS EVEN IF THE AAA OR BBB PROCEDURES OR RULES WOULD. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, THE ARBITRATOR MAY AWARD MONEY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY'S INDIVIDUAL CLAIM. NO CLASS OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL THEORIES OF LIABILITY OR PRAYERS FOR RELIEF MAY BE MAINTAINED IN ANY ARBITRATION HELD UNDER THIS AGREEMENT. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. ANY QUESTION REGARDING THE ENFORCEABILITY OR INTERPRETATION OF THIS PARAGRAPH SHALL BE DECIDED BY A COURT AND NOT THE ARBITRATOR.
  4. IF EITHER OF US INTENDS TO SEEK ARBITRATION UNDER THIS AGREEMENT, THE PARTY SEEKING ARBITRATION MUST FIRST NOTIFY THE OTHER PARTY OF THE DISPUTE IN WRITING AT LEAST 30 DAYS IN ADVANCE OF INITIATING THE ARBITRATION. NOTICE TO FREETAXNOW SHOULD BE SENT TO FREETAXNOW DISPUTE RESOLUTION MANAGER, 3003 ALLEN DRIVE, EVANS, GEORGIA 30809. THE NOTICE MUST DESCRIBE THE NATURE OF THE CLAIM AND THE RELIEF BEING SOUGHT. IF WE ARE UNABLE TO RESOLVE OUR DISPUTE WITHIN 30 DAYS, EITHER PARTY MAY THEN PROCEED TO FILE A CLAIM FOR ARBITRATION.
  5. WE ALSO OFFER CUSTOMERS THE OPTION OF PARTICIPATING IN A FREE INTERNAL MEDIATION PROGRAM. THIS PROGRAM IS ENTIRELY VOLUNTARY AND DOES NOT AFFECT EITHER PARTY'S RIGHTS IN ANY OTHER ASPECT OF THESE DISPUTE RESOLUTION PROCEDURES. IN OUR VOLUNTARY MEDIATION PROGRAM, WE WILL ASSIGN AN EMPLOYEE WHO'S NOT DIRECTLY INVOLVED IN THE DISPUTE TO HELP BOTH SIDES REACH AN AGREEMENT. THAT PERSON HAS ALL THE RIGHTS AND PROTECTIONS OF A MEDIATOR AND THE PROCESS HAS ALL OF THE PROTECTIONS ASSOCIATED WITH MEDIATION. FOR EXAMPLE, NOTHING SAID IN THE MEDIATION CAN BE USED LATER IN AN ARBITRATION OR LAWSUIT. IF YOU'D LIKE TO KNOW MORE, PLEASE CONTACT US THROUGH CUSTOMER SERVICE. IF YOU'D LIKE TO START THE MEDIATION PROCESS, PLEASE CALL CUSTOMER SERVICE FOR A NOTICE OF DISPUTE FORM TO FILL OUT, AND MAIL, FAX OR EMAIL IT TO US ACCORDING TO THE DIRECTIONS ON THE FORM.
  6. AN ARBITRATION AWARD AND ANY JUDGMENT CONFIRMING IT APPLY ONLY TO THAT SPECIFIC CASE; IT CAN'T BE USED IN ANY OTHER CASE EXCEPT TO ENFORCE THE AWARD ITSELF.
  7. IF FOR SOME REASON THE PROHIBITION ON CLASS ARBITRATIONS SET FORTH IN SUBSECTION (3) CANNOT BE ENFORCED, THEN THE AGREEMENT TO ARBITRATE WILL NOT APPLY.
  8. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU AND FREETAXNOW AGREE THAT THERE WILL NOT BE A JURY TRIAL. YOU AND FREETAXNOW UNCONDITIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT IN ANY WAY. IN THE EVENT OF LITIGATION, THIS PARAGRAPH MAY BE FILED TO SHOW A WRITTEN CONSENT TO A TRIAL BY THE COURT.
  9. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU AND FreeTaxNow AGREE THAT VENUE LIES EXCLUSIVELY IN A COURT OF COMPETENT JURISDICTION IN COLUMBIA COUNTY, GEORGIA, AND (except as provided in any Section of this Agreement relating to Arbitration) SUCH COURT SHALL BE A PROPER FORUM IN WHICH TO ADJUDICATE SUCH DISPUTE. THE PARTIES AGREE (except as provided in any Section of this Agreement relating to Arbitration) TO WAIVE ANY DEFENSE THAT THEY MAY HAVE BASED UPON IMPROPER VENUE OR LACK OF PERSONAL JURISDICTION, AND TO SUBJECT THEMSELVES TO THE JURISDICTION AND VENUE OF ANY SUCH AFORESAID COURT. Provided that any removal from state court to federal court shall be removed to, be heard and determined exclusively by the United States District Court for the Southern District of Georgia.

GOVERNING LAW

This Agreement and the rights and duties of the parties hereto shall be governed by, construed and enforced in accordance with the laws of the State of Georgia as applied to agreements entered into and to be performed entirely within Georgia without regard to its choice of law or conflicts of law principles and applicable federal law (except with respect to the provisions for Arbitration herein which shall be governed by Federal Law.).

Miscellaneous

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Approved and Effective 5/30/2018


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