This Service Agreement ("Agreement") covers the Jackson Hewitt online tax preparation service (the "Service") offered by Jackson Hewitt Inc. ("Jackson Hewitt" or "we," "our" or "us"). This Agreement is a legal agreement between you and Jackson Hewitt. By accepting electronically (for example, clicking "I Agree"), installing, accessing or using the Service, you agree to these terms. If you do not agree to this Agreement, then you may not use the Service.
The Service cannot be accessed until you have accepted this Agreement. If you do not wish to accept or agree to the terms of this Agreement, you may discontinue use of the 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.
IMPORTANT: We may change the user fees for the Service from time to time. Your fees will be determined based on the then-current prices for the Service at the time you submit payment for the Service.
1. Your Right to Use the Service.
You may use the Service on one or more computers through the Internet to prepare, print, and/or electronically file one personal, joint or individual, federal return of the current tax year in which you agree to these terms and conditions. Except as expressly provided, you are not permitted to (a) allow any other person to use the Service; (b) use the Service to electronically file more than one personal, joint or individual, federal return; or (c) use the Service, or allow the Service to be used, to prepare tax returns on a professional basis. Any person using the Service through any prohibited method, or through any method other than the purchase of the Service from us, is not permitted to use the Service.
You agree not to use, nor permit any third party to use the Service in a manner that violates any applicable law, regulation or this Agreement. You agree you will not to: (a) provide access to or give any part of the Service to any third party; (b) reproduce, modify, copy, deconstruct, sell, trade or resell the Service; or (c) make the Service available on any file-sharing or application hosting service.
If you file your tax return electronically, we will convert your tax return into a standardized format and transmit it to the Internal Revenue Service ("IRS") or appropriate state authority. You must confirm that the return has been received and accepted by the appropriate authority and, if necessary, file the return using another method, such as mailing the return, in the event of rejection. We cannot guarantee that the taxing authority will accept your returns due to circumstances beyond our control.
In certain circumstances where the Service cannot be used to file a return electronically, or where a taxing authority does not accept the electronic filing, you must submit a standard paper tax return.
It is your responsibility to complete the input of tax information completely and accurately. Your returns are subject to evaluation by the taxing authorities receiving your tax return. 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 errors before you file electronically or mail your printed return.
2. No Tax or Professional Advice.
We do not give tax advice or any other professional services or advice in connection with your use of the Service. Consult the services of a competent professional if you believe you need tax, financial, accounting, legal or any other professional service of advice. You acknowledge that we are only an intermediary between you and the IRS.
We may be required by law to send you communications about the Service. You agree that we may send these communications to you via email or by posting them on our websites.
4. Account Security.
You are responsible for securely managing your password(s) for the Service and you must contact us if you become aware of any unauthorized access to your account. The Service may periodically be updated with tools, utilities, improvements, third party applications, or general updates to improve the Service. You agree to receive these updates.
You agree that payment for use of this Service will be made through a valid credit card or if you have chosen to receive an Assisted Refund from the financial institution making such product available, by having the end-user fee and any other authorized bank fees and charges deducted from your federal and/or state refund, in accordance with the terms of your agreement with such institution. The charge for use of the Service is non-refundable unless otherwise specified in this Agreement.
6. Limited Warranty.
Jackson Hewitt Guarantees
100% Accuracy Guarantee
Jackson Hewitt® warrants only to its registered users the accuracy of every form prepared using the Service. Jackson Hewitt guarantees its tax calculations as described in this Agreement. The term "Calculations" is defined to mean the numerical addition, subtraction or multiplication of numbers, and related automatic features that select numbers from tax tables. Calculations do not include any instance where a taxpayer can make a decision to substitute a number for the one automatically computed by the program, and Jackson Hewitt is not responsible for changes in tax law made by the Congress during tax season. We will pay any IRS penalties and/or interest resulting from an error in Jackson Hewitt's Online software program's calculations. You are responsible for notifying Jackson Hewitt promptly of any change in your email so that notices of necessary updates or corrections to remedy any errors can be provided by Jackson Hewitt. You are responsible to notify Jackson Hewitt within 10 days of receipt of any notice of errors and/or interests and penalties from any tax authority resulting from your use of the Service. If the tax return can be amended to avoid or reduce your penalties and/or interests, you must file it on your own to limit further penalties and interest. We are not responsible for any interests and penalties resulting from 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, your failure to notify Jackson Hewitt of your change of email address, or your failure to file an amended return to avoid or reduce your penalties and/or interests after receipt of such notice.
If you believe such a calculation error occurred and you have complied with the above conditions, please notify Jackson Hewitt in writing at Jackson Hewitt Inc., Attention - Client Care, 501 N. Cattlemen Road, Suite 300, Sarasota, FL 34232 as soon as you are aware of the error. You must include a copy of the IRS notice, a hardcopy of the tax return, and your online username. The filing of such a claim shall constitute your authorization for Jackson Hewitt to obtain and review any copy and/or transcript of your tax return and any data files that may be in Jackson Hewitt's possession or control in order to evaluate your claim. You are responsible for paying any additional tax liability you may owe, and providing assistance and additional information as reasonably requested by Jackson Hewitt.
Maximum Refund Guarantee
If you are entitled to a larger refund, we'll refund the tax preparation fees paid to us for that filed return (other product and service fees excluded). Federal returns only. Same tax facts must apply. You must file an amended return with another paid tax preparation company and/or online provider by April 15, 2019 and submit your claim no later than October 15, 2019 with proof that the IRS accepted the positions taken on the amended return.
If you are not 100% satisfied with Jackson Hewitt Online, we will refund your tax preparation fees. Printing or electronically filing your return reflects your satisfaction with Jackson Hewitt Online.
TO THE FULL EXTENT PERMITTED BY LAW, THE FOREGOING SETS FORTH USER'S SOLE AND EXCLUSIVE REMEDY AND THE ENTIRE OBLIGATION OF JACKSON HEWITT AND ITS LICENSORS, AFFILIATES, AGENTS, SUBCONTRACTORS AND SUPPLIERS WITH RESPECT TO ANY CLAIMS WITH RESPECT TO ALLEGED COMPUTATIONAL ERRORS OR INACCURACIES IN THE PERFORMANCE OF THE SERVICE.
7. No Other Warranties.
EXCEPT AS EXPRESSLY PROVIDED ABOVE, THE SERVICE IS PROVIDED "AS-IS" AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE, AND OUR AFFILIATES, THIRD PARTY PROVIDERS AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICE, INCLUDING WARRANTIES 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 THIS 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.
8. Limitation of Liability.
OUR AND OUR LICENSORS' ENTIRE LIABILITY TO YOU FOR ANY REASON SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR LICENSORS ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR INVESTMENT, LOSS OF DATA OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF WE HAVE 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 TO YOU.
You agree to indemnify and hold Jackson Hewitt and its Affiliates, Suppliers, and Licensors harmless from any and all claims, liability and expenses, including reasonable attorneys' fees and costs, arising out of your use of the Service or breach of this Agreement (collectively referred to as "Claims"). We reserve the right, in our sole discretion and at our own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by us in the defense of any Claims.
We reserve the right to change this Agreement at any time, and the changes will be effective when posted through the Service, on our website for the Service or when we notify you by other means. We may also change or discontinue the Service, in whole or in part. Your continued use of the Service indicates your agreement to the changes.
We may immediately, in our sole discretion and without notice to you, terminate this Agreement or suspend the Service if you fail to comply with this Agreement or if you no longer agree to receive electronic communications. Upon termination you must immediately stop using the Service.
The protection of your financial and personal information is one of our most important responsibilities. The computer systems that we use employ a layered defense strategy of established technologies to protect your information, which include: computer anti-virus protection to detect and prevent viruses; firewalls to block unauthorized access by individuals or networks; intrusion detection to monitor systems to block and alert it to unauthorized access; secure transmissions technologies to protect your information; authentication technologies to validate your identity; and data integrity technologies to inspect the information you send to us to detect if the message was tampered with during transfer. In addition to these internet security features, the computer systems we employ use many other security safeguards designed to protect your information including physical, procedural and logical protections.
You are the only person authorized to use your account for the Service. You are responsible for use of the Service. For security purposes, we will not provide return information if forgotten, erased or damaged due to system failure. We have taken great lengths to secure your information. You should print copies of your tax returns for your future use.
12. Data Storage and Additional Information.
Information provided by you is stored on secure servers. The Service operates under very strict security protocols designed to protect your information. Extensive backup systems are designed to protect against data loss. Storing information on the secure servers enables tax information to be properly transferred to next year's tax return. This saves you even more time and eliminates the need to maintain and locate tax information next tax year.
By using this system to prepare and submit your tax return, you authorize the disclosure to the IRS of all information pertaining to your use of this system, including your IP address and e-mail address.
13. Privacy of Personal and Tax Return Information.
14. Information Disclosure.
We collect nonpublic personal information you have provided, such as your name, address, social security number and various income/deductions as calculated within the Service. Once you have accepted this Agreement, we will use the information as necessary to transact the filing of your tax return, for the payment of any necessary fees and to provide you information via e-mail about your e-file status and other issues that directly affect your tax return. We may also use your e-mail address to inform you of filing deadlines, tax law changes, tax planning opportunities and other items or services that may affect your tax planning or financial position. This information may include, for example, name, address, and other nonpublic personal information such as checking, debit and credit account information, balances, payment history, income, assets, social security number, and data regarding information, as well as system information and configuration, account number and demographic information about your tax return. All such use is subject to applicable laws and regulations.
We do not sell any nonpublic personal information to third parties.
15. Third Party Products.
We have made arrangements with certain third party financial institutions that allow you to pay the balance due of your tax return via credit or debit card or apply for a tax refund related bank product. These are products and services of such third parties and we are not responsible therefor. Should you take advantage of any of these options, the applicable fees as well as the other terms and conditions of your use of any such option are solely between you and the third party institution.
16. Governing Law.
This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey.
17. Third Party Beneficiary.
Jackson Hewitt's licensors (including, without limitation, Drake Software) and third party suppliers and each of their respective affiliates are intended third party beneficiaries to this Agreement and shall have the right to enforce Jackson Hewitt's rights under this Agreement and the terms of this Agreement directly against you.
18. WAIVER OF JURY TRIAL AND PARTICIPATION IN CLASS ACTION. WITH RESPECT TO ANY CLAIMS FOR MONEY DAMAGES AND/OR EQUITABLE OR INJUNCTIVE RELIEF, INCLUDING, BUT NOT LIMITED TO, ALL COUNTERCLAIMS, CROSS-CLAIMS AND THIRD-PARTY CLAIMS THAT YOU MAY BRING AGAINST JACKSON HEWITT TAX SERVICE INC., ITS SUBSIDIARIES, AFFILIATES, LICENSORS, AND INDEPENDENTLY OWNED AND OPERATED THIRD-PARTY FRANCHISEES AND TAX PREPARERS OF ANY OF THEM, AND ANY FORMER, PRESENT AND FUTURE PARENT, SUBSIDIARY AND AFFILIATED CORPORATIONS, AND THE SUCCESSORS AND ASSIGNS OF ANY OF THEM, AND THEIR FORMER, PRESENT AND FUTURE OFFICERS, DIRECTORS, AGENTS, SHAREHOLDERS, EMPLOYEES, AND REPRESENTATIVES (THE "JACKSON HEWITT SYSTEM"), YOU ARE GIVING UP YOUR RIGHT: (A) TO HAVE A TRIAL BY JURY TO RESOLVE ANY DISPUTE ALLEGED AGAINST THE JACKSON HEWITT SYSTEM; AND (B) YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, AND/OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT FILED AGAINST THE JACKSON HEWITT SYSTEM.
BY ACCEPTING THIS AGREEMENT, YOU AGREE TO THE TERMS OF THIS AGREEMENT, WHICH INCLUDES A WAIVER OF JURY TRIAL AND A WAIVER OF PARTICIPATION IN A CLASS ACTION, WHICH MAY SUBSTANTIALLY LIMIT YOUR RIGHTS IN THE EVENT OF A DISPUTE.
19. Entire Agreement.
This Agreement contains the entire agreement between you and Jackson Hewitt with respect to the Service, and supersedes any prior statements or written or oral agreements with respect thereto.