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Terms & Conditions - Tax Pro From Home

Last updated: January 15, 2021

Thank you for choosing Jackson Hewitt. Jackson Hewitt Tax Pro from Home is an easy, fast way to get your taxes done by an experienced Jackson Hewitt Tax Pro without having to leave the comfort of your home.

These Terms and Conditions ("Terms") govern your use of the Jackson Hewitt Tax Pro from Home Service (the "Service") offered by Jackson Hewitt Inc. ("Jackson Hewitt" or "we"). These Terms are a legal agreement between you and Jackson Hewitt. By accessing or using the Service, you agree to these Terms. You do not have the right to access and use the Service if you do not agree to these Terms.

IMPORTANTService package prices provided through the tax situation questionnaire are estimates only. All prices will ultimately be determined at the time the payment link is sent to you. All tax preparation and product fees are subject to change without notice prior a payment link being issued.

  1. No Legal, Tax or Professional Advice. You acknowledge that Jackson Hewitt and its licensors, affiliates, and franchisees are not licensed to and do not practice law nor are they providing or rendering any such legal or other professional services to you with regards to the Service. You acknowledge and agree that your use of the Service is not a substitute for the advice of an attorney, certified public accountant or other professional. You further acknowledge that laws vary from state to state and change over time and that the final documents, forms, and letters created through the Service should be reviewed by an attorney or other competent professional before use and before you file your tax return. You acknowledge that we are only an intermediary between you and the IRS. You understand that in providing the Service we will rely on the accuracy, correctness and timeliness of the information you provide to us ( "Your Information "), and we do not and will not independently verify such information. However, we may ask you for further clarification about Your Information and expect you to provide that clarification promptly and candidly in order to provide the Services to you . We assume no responsibility for adverse consequences due to your failure to provide us with accurate information to us in a timely fashion , including but not limited to a failure to meet the federal or state filing deadlines and/or a failure to qualify for protection under the terms of the Jackson Hewitt Limited Guarantees .
  2. Your Right to Use the Services
    1. Your Licensed and Permitted Use. Jackson Hewitt grants you a non-exclusive, non-transferrable, non-sublicensable, and limited license to access and use the Service for your own personal purposes subject to these Terms and payment of all applicable fees.
    2. Modification or Termination of Service. Jackson Hewitt reserves the right to modify or change the Service at any time, without notice, and for any reason; or cancel or terminate your use of the Service if we believe you have or may violate these Terms. We will not be liable to you or any third party for any modification or discontinuation of the Service.
  3. Accurate Information. By using our Service, you represent and warrant that Your Information is true and accurate to the best of your knowledge. You agree not to submit false information when using the Service.
  4. Your Account.
    1. Creating Your Account. You will be required to register and create an account with us to access certain features of the Service. You must select a username and password through the registration process. By creating an account, you consent to receiving e-mail correspondence from Jackson Hewitt regarding your account or your use of the Service.
    2. Account Security. You are responsible for securely managing your username and password for the Service and you must contact us if you become aware of any actual or possible 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.
  5. Payment. Your use of the Service is conditioned upon paying the applicable fee(s) for the Service to Jackson Hewitt. You agree that payment for use of this Service will be made through a valid credit or debit card. As Jackson Hewitt uses a third-party payment processor, such payments will be governed by the third-party payment processor’s terms of use and privacy policy.
  6. Privacy . Jackson Hewitt’s Privacy Policy explains how we treat your personal data and prot ect your privacy when you use our Service. By using our Service, you agree that Jackson Hewitt may use any information collected in connection with your use of the Service in accordance with our Privacy Policy .
  7. Intellectual Property . The Service, and any modifications, copyrights and patents associated therewith , and the trade secrets, trademarks, tradenames, logos, designs and slogans and other intellectual property rights pertaining to any aspect of the Service of Jackson Hewitt generally (collectively, " Jackson Hewitt IP ") are the exclusive property of Jackson Hewitt . By using the Service y ou neither acquire nor are granted any right, title or interest in or to the Jackson Hewitt IP or any derivative work or component there of . The Service may contain content owned or licensed by third parties and a ll restrictions set forth in these Terms equally apply to all such content. You may not use any Jackson Hewitt IP without the prior written permission of Jackson Hewitt in each instance . All other names, logos, product and service names, designs and slogans contained within the Service are the trademarks of their respective owners.
  8. Certain Jackson Hewitt Guarantees.
    1. Lifetime Accuracy Guarantee . With our Lifetime Accuracy Guarantee ( " Accuracy Guarantee "), if an error is made in the preparation of your Covered Tax Return ( as defined below) through the Service , subject to the terms of this Section 8.a., you are entitled to reimbursement of penalties and interest imposed by the applicable tax authority during your lifetime in connection with the Covered Tax Return, up to an aggregate limit of $20,000. " Covered Tax Return " means a Federal (excluding non-resident), state or local tax return for the 2020 tax year that was prepared through the Service and filed on or prior to April 15, 2021 (or June 15 if you were eligible for and received an automatic extension) or, if the filing date is properly extended, October 15, 2021, for which no Exclusion ( as defined below) applies. T o submit a valid claim, you must: (a) notify a Jackson Hewitt client service representative in the manner provided through the Service’s virtual platform within 30 days of the date on the first notice you receive from a tax authority concerning your Covered Tax Return (and promptly at any time you otherwise discover any error in connection with your Covered Tax Return); (b) provide copies of all documents related to the claim or otherwise requested (including any letters from a tax authority and all documentation supporting your tax return); and (c) allow Jackson Hewitt or its authorized representative to investigat e and represent you before the applicable tax authority with respect to the penalty, interest, additional tax or refund shortfall, in any manner appropriate, at the expense of Jackson Hewitt, and cooperate and assist in these efforts (including signing appropriate authorizations). You are solely responsible for paying the appropriate tax authority in a timely fashion, regardless of your eligibility for subsequent reimbursement under this Accuracy Guarantee. Coverage under this Accuracy Guarantee is subject to prior payment in full of tax preparation fees (which are not subject to refund under this Guarantee). Failure to comply with these and other conditions instructed by Jackson Hewitt may result in the denial of your claim. This Accuracy Guarantee does not apply to the following situations (each an " Exclusion "): ( i ) in the case of a late filed return, interest that accrues from April 15, 2021 until the date you file your return; (ii) Your Information is incorrect, incomplete , or false; (ii) your tax refund was reduced or not received as a result of a tax lien, judgment, support order, unpaid student or government related loans, back taxes, or any other government offset or collection activity; (iii) you are unable to substantiate a deduction, credit, or other position taken on the Covered Tax Return (whether it be a failure to produce sufficient documentation or otherwise); (iv) you failed to timely file the tax return or pay the taxes shown as owing on such return by the due date; (v) fraud or misrepresentation of any kind, or if you had knowledge of an error at the time you reviewed and accepted the return; (vi) errors caused by software or other technology malfunction; (vii) any reason outside the control of Jackson Hewitt ; and/or (viii) any changes in income from the prior year(s) and reconciled in the current tax year that may affect the Premium Tax Credit advance for which you were eligible to receive, or for income estimates made in any tax year that may affect any tax year reconciliation process in Form 8962 Premium Tax Credit. This Accuracy Guarantee is v oid if you refile your Covered Tax Return with paid tax preparer or by yourself . All payments made hereunder will be made directly to the primary taxpayer on the Covered Tax Return. In no event does this Guarantee cover additional taxes owed. THIS PARAGRAPH DESCRIBES THE LIMIT OF JACKSON HEWITT’S LIABILITY FOR THE ACCURACY GUARANTEE AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY ERRORS OR OMISSIONS IN YOUR COVERED TAX RETURN CAUSED BY JACKSON HEWITT. Coverage shall be determined in the sole judgment of Jackson Hewitt. Most locations are independently owned and operated.
    2. Maximum Refund Guarantee . If you are entitled to a federal refund on a Covered Tax Return that is larger than what was determined through the Service , Jackson Hewitt will refund the tax preparation fees paid for that filed return ( excluding other product and service fees) and provide an additional $100 (the " Maximum Refund Guarantee ") . All payments made under this guarantee will be made directly to the primary taxpayer on the Covered Tax Return via cash, check, or prepaid card. To submit a valid claim, you must file an amended return with another paid tax preparation company or online provider by April 15, 2021 with no changes to the Covered Tax Return and submit written proof no later than October 15, 2021 that the IRS accepted the positions taken on the amended return and of the larger refund , by notifying a Jackson Hewitt client service representative in the manner provided through the virtual platform. The s ame tax facts must apply to the Covered Tax Return as with the amended return as determined by Jackson Hewitt. Call 800-234-1040 with any questions. In no event does this Guarantee cover additional taxes owed. THIS PARAGRAPH DESCRIBES THE LIMIT OF JACKSON HEWITT’S OBLIGATIONS AND LIABILITY WITH RESPECT TO THE MAXIMUM REFUND GUARANTEE AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY ERRORS OR OMISSIONS IN YOUR COVERED TAX RETURN CAUSED BY JACKSON HEWITT THAT RESULTED IN A LOWER TAX REFUND THAN THAT WHICH YOU OTHERWISE MAY HAVE BEEN ENTITLED. Coverage shall be determined in the sole judgment of Jackson Hewitt. Most locations are independently owned and operated.
  9. Jackson Hewitt Tax Pro from Home Service . By choosing the Service, we will prepare your federal and state tax returns using Your Information , and we will electronically file your tax returns with the applicable tax authority once you pay for , review , and electronically sign your tax return.
    1. Introduction. This Service is available to U.S. taxpayers fil ing a 2020 U.S. federal tax return. You may, but are not required to, file state tax returns at the same time. State-only returns, prior year returns, or wish to file amended returns are not supported through the Service. Service may vary by state.
    2. Matching. To use the Service , y ou must create an account or log into your account . Once logged in, you will be required to answer a n initial tax situation questionnaire , the responses to which will determine a price quote for the preparation and filing of your tax return . Once you receive the quote, if you wish to continue, you may click “Submit” to be matched with a Tax Pro .
    3. Interaction with Tax Pro.  A Tax Pro will contact you via email, secure message, or by phone once matched. During your interaction with your Tax Pro, you will be asked for specific personal information needed to prepare your tax return . After the creation of your account, you can upload tax documents to your account through the Service portal . If any additional documents are needed, you and your Tax Pro can exchange secure messages or by telephone , or you can upload the additional documents to your account. 
    4. Tax Pro Completes Tax Return. Once your Tax Pro has all the necessary documents and information, they will inform you of this fact, and will work to complete your tax return within seven (7) days. The seven (7) day period will not commence until your Tax Pro has interviewed you and has obtained all necessary documents and information from you. It is important for you to be responsive to your Tax Pro to ensure your tax return is completed in a timely matter.  
    5. Payment, Review, and Filing. Once your Tax Pro has completed your tax return , the Service will send you a payment link and a Tax Benefit Summary . The price in the payment link may be different from the quoted price if the answers you provided to the tax situation questionnaire differ from your actual tax situation. Additional taxes and fees may also apply depending on locality. Once payment is made, you must then satisfy Jackson Hewitt’s federally mandated identity verification process to review, verify , and sign your tax return. If you do not satisfy this verification process, we will be unable to process your return through th e Service and you will be refunded any fees paid as part of this Service to your original payment method.  In the event you cannot satisfy the identity verification process , please contact customer care, or consult the Jackson Hewitt office locator to find your nearest office location to file your tax return in person . Prices for in-store services may vary.
    6. Bill of Rights . If you reside in Chicago, you can find the Chicago Bill of Rights Regarding Tax Preparation Services here and Chicago Disclosure Form here . If you reside in New York state, you can find the New York Consumer Bill of Rights Regarding Tax Preparers here . If you reside in New York City, you can find the New York City Consumer Bill of Rights Regarding Tax Preparers here . By accepting these Terms, you acknowledge receipt of the linked documents.
    7. Limitation. We are not responsible for providing the Service if you fail to fully comply with any of your Duties listed in Section 9 ( h ). If your Tax Pro receives Your Information within seven (7) days of the tax filing deadline, we may be unable to provide the Service and/or we may be unable to file your return in advance of the federal or state tax filing deadlines .
    8. Your Duties .
      1. Basic Requirements . To use the Service, (1) you must be eighteen (18) years or older; (2) have access to the I nternet; ( 3 ) have completed and submitted the tax situation questionnaire on either the Tax Pro from Home online site or mobile app; ( 4 ) satisfy federally mandated identity verification requirements provided online; and ( 5 ) have a valid email address. Service may vary by state. If you need to file state returns in any or all of A rkansas , C alifornia , G eorgia , or N ew Y ork , you must also have access to a printer. 
      2. Provide information . To use this Service, we require that you provide us with complete and accurate personal information. Such information may include, without limitation your name, address, telephone number, email address, Social Security number, income documents (W2, 1099, etc.), deduction and credit documentation, receipts, and other personal information. You can provide this information through your user account or through the mobile app. If we are unable to obtain the required personal information from you, this Service may be unavailable, limited, or reduced.
      3. Payment . Use of t his Service requires a payment by you or someone authorized by you . If payment is not made, we will not file your tax returns. Payment can only be made with a valid credit card or debit card.
      4. Review and Approve Returns . After your Tax Pro completes your tax return ( s ) , you must review and approve such return ( s ) before your Tax Pro can file your tax returns for you. We will not file any tax returns without this approval. If you identify any errors in your tax return during your review (and before you approve), your Tax Pro will work with you to correct such errors.
      5. Tax Payment . YOU HAVE THE OBLIGATION TO PAY ALL YOUR TAX LIABILITY FOR CURRENT AND FUTURE TAX YEARS, INCLUDING PAYMENT OF THE WITHHOLDINGS AND QUARTERLY ESTIMATED TAX PAYMENTS, AND TO COMPLY WITH ALL FILING REQUIREMENTS DURING AND SUBSEQUENT TO THE COMMENCMENT OF THIS SERVICE.
  10. DISCLAIMER OF WARRANTIES
    1. GENERAL DISCLAIMER . EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERVICE IS PROVIDED " AS IS" AND “AS AVAILABLE,” AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JACKSON HEWITT, JACKSON HEWITT AFFILIATES, AND FRANCHISEES ( COLLECTIVELY, THE " RELEASED PARTIES ") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICE .
    2. DISCLAIMER OF IMPLIED WARRANTY. WITHOUT LIMITING THE PRECEDING AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY IMPLIED WARRANTIES SUCH AS THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY , AND FITNESS FOR A PARTICULAR PURPOSE ARE EXCLUDED FROM YOUR LICENSE AND USE OF THE SERVICE . SOME STATES, INCLUDING NEW JERSEY, DO NOT ALLOW EXCLUSIONS OR LIMITATIONS OF IMPLIED WARRANTIES. IF YOU LIVE IN ONE OF THESE STATES, THE ABOVE LIMITATIONS DO NOT APPLY TO YOU AND IN SUCH CASE, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE MINIMUM PERMISSIBLE UNDER APPLICABLE LAW FROM THE DATE YOU FIRST ACCESSED, USED OR ACQUIRED THE PRODUCTS AND SERVICES.
    3. DISCLAIMER OF EXPRESS WARRANTY. OTHER THAN EXPRESSLY PROVIDED IN THESE TERMS, THE RELEASED PARTIES DO NOT WARRANT OR PROMISE THAT THE SERVICE WILL IDENTIFY THE APPROPRIATE TAX DOCUMENTS FOR YOUR NEEDS, THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED, OR THAT THE SERVICE IS FREE FROM BUGS OR ERRORS. OTHER THAN EXPRESSLY PROVIDED IN THIS AGREEMENT, THE RELEASED PARTIES MAKE NO OTHER PROMISES ABOUT THE PERFORMANCE, ACCURACY, OR RELIABILITY OF THE SERVICE OR ITS ABILITY TO MEET YOUR REQUIREMENTS. WHILE THE RELEASED PARTIES ARE PROVIDING THE SERVICE AS A GENERAL TOOL TO ASSIST YOU IN PREPARING AND FILING YOUR TAX RETURNS, SERVICE DOES NOT REPLACE YOUR OBLIGATION TO EXERCISE YOUR INDEPENDENT JUDGMENT IN USING THE SERVICE. YOU ARE SOLELY RESPONSIBLE FOR CORRECTLY PROVIDING YOUR INFORMATION AND FOR VERIFYING ALL OUTPUTS RESULTING FROM YOUR USE OF THE SERVICE. OTHER THAN EXPRESSLY PROVIDED IN THESE TERMS, THE RELEASED PARTIES DO NOT WARRANT ANY PARTICULAR RESULTS THAT YOU MAY OBTAIN IN USING THE SERVICE .
  11. LIMITATION OF LIABILITY .
    1. EXCLUSIVE REMEDY. EXCEPT AS EXPRESSLY PERMITTED BY SECTION 8 , YOUR EXCLUSIVE REMEDY AND THE ENTIRE LIABILITY OF THE RELEASED PARTIES WITH RESPECT TO YOUR USE OF THE SERVICE WILL BE LIMITED TO THE AMOUNT PAID BY YOU TO JACKSON HEWITT FOR THE SERVICE . IN NO EVENT WILL THE RELEASED PARTIES BE LIABLE TO YOU, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, FOR ANY TAX LIABILITIES OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOST DATA, LOST PROFITS OR BUSINESS, LOSS OF USE, OR FOR ANY CLAIM OR DEMAND AGAINST YOU BY ANY OTHER PARTY, EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    2. NO ADDITIONAL LIABILITY. YOU AGREE THAT THE RELEASED PARTIES WILL NOT AT ANY TIME HAVE ANY ADDITIONAL LIABILITY FOR ANY CLAIM, CAUSE OF ACTION OR INJURY THAT YOU OR ANY OTHER PERSON MAY HAVE AS A RESULT OF: (1) YOUR USE OF, OR INABILITY TO USE, THE SERVICE; (2) YOUR USE OF ANY DOCUMENTS GENERATED BY THE SERVICE; (3) YOUR RETENTION OF, OR YOUR FAILURE TO CONSULT OR RETAIN, AN ATTORNEY OR OTHER COMPETENT PROFESSIONAL WITH RESPECT TO ANY CONTRACT, DOCUMENT, OR LEGAL MATTER; (4) DATA OR OVERAGE CHARGES FOR USING THE SERVICE; OR (5) ANY FEES, COSTS, OR EXPENSES ARISING OUT OF TROUBLESHOOTING OR TECHNICAL SUPPORT FOR THE SERVICE.
    3. SOME STATES EXCLUDED. SOME STATES, INCLUDING NEW JERSEY, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF YOU LIVE IN ONE OF THESE STATES, THE ABOVE LIMITATION OR EXCLUSION DOES NOT APPLY TO YOU.
  12. Indemnification. You agree to indemnify , defend and hold harmless the Released Parties from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with these Terms or your use of the Service. You will cooperate as required by us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without our prior written consent.
  13. Termination . Without prejudice to any other rights, we may immediately terminate your use of the Service if you fail to comply with these Terms . Upon such termination, you must immediately stop use and access to the Service. All provisions of these Terms that are intended to survive or that must survive in order to give effect to its meaning will survive the termination or expiration of these Terms.
  14. Miscellaneous Clauses
    1. Security . 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 tax return information if forgotten, erased or damaged due to system failure. You should print copies of your tax returns for your future use.
    2. Data Storage . 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 process allows you to conveniently 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.
    3. Information Disclosure . We collect nonpublic personal information you have provide, such as your name, address, social security number and various income/deductions as calculated within the Service. Once you have accepted these Terms, 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.
    4. Governing Law . ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS WILL BE GOVERNED BY NEW JERSEY LAW, EXCLUDING NEW JERSEY CONFLICT OF LAWS RULES, AND WILL BE LITIGATED EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF NEW JERSEY (USA). YOU CONSENT TO PERSONAL JURISDICTION IN THOSE COURTS .
    5. Changes to These Term . We may revise and update t hese Terms from time to time at our sole discretion. If this occurs, we will provide notice to you via any means we consider reasonable including, without limitation, e-mail or posting on our website. After we provide notice, continued use of the Service constitutes your acceptance of the Terms as amended.    
    6. Third Party Beneficiaries and Assignment . Jackson Hewitt’s licensors, suppliers, franchisees, and affiliates are considered to and shall be third party beneficiaries of these Terms solely to the extent necessary for them to enforce any protections afforded them by these Terms. All rights and benefits of these Terms are intended solely for the original user/ purchaser of Service. You may not assign, delegate, or otherwise transfer these Terms or any of your rights under these Terms. Jackson Hewitt may assign these Terms in its sole discretion and will use reasonable efforts to notify you of such assignment. The remedies and all other rights and benefits provided under these Terms are personal to the original purchaser of the Service from Jackson Hewitt and such rights and benefits must not be assigned or otherwise transferred to any other party. This Agreement inures to the benefit of Jackson Hewitt and its respective permitted successors and assigns.
    7. No Waiver . Failure to enforce any provision of these Terms will not constitute a waiver.
    8. Severability.   If any provision of these Terms is found to be unlawful, void, or unenforceable, the rest of the Terms will remain in effect.
    9. Notices. Except as otherwise indicated, any notices under these Terms to us must be personally delivered or sent by certified or registered mail, return receipt requested, or by U.S. Postal Service express mail, to Attention – Legal Department, 10 Exchange Pl, Floor 27, Jersey City, N ew J ersey 07302 . Notices will be effective upon receipt that may be shown by confirmation of delivery.
    10. Force Majeure.  Jackson Hewitt will not be liable for any inability to deliver or perform the Service to the extent caused by a ny event or condition beyond its reasonable control, including, but not limited to, natural disaster, act of war or terrorism, riot, pandemic, power outage, labor condition, governmental action, and or Internet disturbance.