TAXACT TAX XPERT HELP TERMS AND CONDITIONS

TaxAct's Tax Xpert Help Service is subject to and governed by the following Terms and Conditions. By making use of the Service, you agree to be bound by the following Terms and Conditions between you and TaxAct, Inc. ("TaxAct"). As used in these Terms and Conditions, references to "we," "us," and "our" mean TaxAct.

How the Service works.

TaxAct's Tax Xpert Help Service (the "Service") is available to purchase when the option is presented to you through TaxAct's consumer website or products, specifically including TaxAct’s 2020 online, consumer 1040 do-it-yourself tax preparation product (the “Tax Prep Product”). Once you choose to utilize the Service, you will have the ability in the Tax Prep Product either to initiate an on-demand interaction or schedule an appointment with a TaxAct tax personnel, who may be a certified public accountant, an IRS credentialed enrolled agent, a tax attorney, or another tax specialist (a “Tax Expert”). Should you initiate such an interaction or schedule such appointment in the requisite amount of time, then, in that appointment, you will have the opportunity to ask tax related questions of the Tax Expert, subject to these Terms and Conditions.

Terms and Conditions of the Service.

  1. The Service is available in association with the utilization of the Tax Prep Product. Internet access is required to use this Service. TaxAct reserves the right to restrict offers for the Service at its sole discretion, in order to manage Service demand and availability.
  2. You understand that as part of the Service, a Tax Expert will answer your questions related to certain U.S. federal & state tax laws and procedures (for individual Form 1040). Non-U.S. tax questions are outside the scope of the Service.
  3. The following tax related topics are not included as part of the Service:
    1. Bankruptcy questions
    2. Business incorporation questions
    3. Business returns, including consolidated returns
    4. Federal non-resident questions (Form 1040NR)
    5. Issues unrelated to the preparation of the tax return or unrelated to income taxes (i.e. sales, use, inheritance, etc.)
  4. Whether to answer questions on other tax related topics is the sole discretion of the Tax Expert. The Service does not include any legal or investment advice, or tax, estate or investment planning. To ensure a good experience and appropriate levels of coverage for everyone using the Service, the Tax Expert may terminate the communication at his/her sole discretion after 25 minutes, after answering questions on up to two (2) tax topics, or if it is otherwise determined that you are misusing or unnecessarily extending the duration of the communication.
  5. Pursuant to Internal Revenue Service guidance, be advised that any federal tax advice given to you, including anything that may be provided to you in writing, is not intended to be used, and it cannot be used, by any person or entity for the purpose of avoiding penalties imposed under the Internal Revenue Code.
  6. The tax advice provided to you by the Tax Experts will be based on information you provide to the Tax Expert. You understand and agree that the Tax Expert is not able to verify the information you provide, and that if you provide incorrect or incomplete information, the responses provided to your questions may not be accurate.
  7. You understand that you are responsible for the preparation of your return. You understand and agree that the Tax Expert will not review your full tax return and will not sign your tax return.
  8. The Service is available for a limited period of time and may be cancelled at any time. Service levels and availability will vary based on demand and capacity and are subject to change without notice.
  9. Any offer to receive the Service is nontransferable, and may only be utilized by you, the customer in association with utilizing the Tax Prep Product to prepare your return.
  10. The Service is provided at an additional charge, and you agree the Service may not be returned, refunded, or resold.
  11. Any guarantees or warranties associated with our Tax Prep Product utilized by you are incorporated into the provisions of the Service, and the terms, conditions and restrictions associated with such shall continue to apply.
  12. All guarantees or warranties given or made by us with respect to the Service (1) are for the benefit of the original user of the Service only and are not transferable, and (2) shall be null and void if the user breaches any of these Terms and Conditions.
  13. Disclaimer of Warranties - EXCEPT AS EXPRESSLY PROVIDED HEREIN TO THE CONTRARY, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TAXACT AND ITS PARENT, SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, TAX EXPERTS, CONTRACTORS, CONSULTANTS, AGENTS, ASSIGNS, LICENSORS, DISTRIBUTORS, ADVERTISERS, WEB-LINK PROVIDERS, DEALERS OR SUPPLIERS (COLLECTIVELY, THE "PARTICIPATING PARTIES") DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE SERVICES.
  14. Limitation of Liability and Damages - EXCEPT AS PROVIDED FOR IN THESE TERMS AND CONDITIONS AND THE TAXACT TERMS OF SERVICE AND LICENSE AGREEMENT, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF TAXACT AND THE PARTICIPATING PARTIES FOR ANY REASON SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR OUR SERVICES AND CONTENT (AS DEFINED IN THE TAXACT TERMS OF SERVICE AND LICENSE AGREEMENT). TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER TAXACT NOR THE PARTICIPATING PARTIES WILL BE 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), OR OTHERWISE, EVEN IF TAXACT 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. IN NO EVENT DO WE ASSUME ANY LIABILITY TO ANY PARTY OTHER THAN YOU ARISING OUT OF YOUR USE OF THE SERVICE.
  15. Privacy - The Service is subject to TaxAct’s privacy policy, which is available at https://www.taxact.com/privacy-policy.
  16. General Incorporation of Terms and Arbitration - In addition to the forgoing, our provisioning of the Service is subject to TaxAct's Terms of Service and License Agreement, which is located at https://www.taxact.com/legal-notice and hereby incorporated by reference as if fully stated herein. As a result, this Service is subject to the arbitration provision found in said terms. These Terms and Conditions, along with TaxAct's Terms of Service and License Agreement, is a complete statement of the agreement between TaxAct and you, and sets forth the entire liability of TaxAct, its parent, subsidiaries, and affiliates, including without limitation the Tax Experts, and your exclusive remedy with respect to the Service. In the event of any conflict between these Terms and Conditions and the Terms of Service and License Agreement, these Terms and Conditions shall prevail.
  17. Miscellaneous - TaxAct personnel, including without limitation any Tax Experts, answering questions in conjunction with the Service are not authorized to make modifications to these Terms and Conditions, or to make any additional representations, commitments, or warranties binding on us. We reserve the right to change these Terms and Conditions from time to time without prior notice, and the changes will be effective when posted on our website for the Service or when we notify you by other means. Texas state law governs these Terms and conditions without regard to its conflicts of laws provisions. If any provision of the Terms and Conditions is invalid or unenforceable under applicable law, then it shall be, to that extent, deemed omitted and the remaining provisions will continue in full force and effect.