Last Updated: February, 24, 2021
Thank you for selecting the Services offered by Freedom Tax, LLC and/or its subsidiaries and affiliates (referred to as “Freedom Tax”, “we”, “our”, or “us”). Review these Terms of Service (“Agreement”) thoroughly. This Agreement is a legal agreement between you and Freedom Tax. By clicking “I Agree,” you agree to this Agreement. If you do not agree to this Agreement, then you may not use the Services.
This Agreement describes the terms governing your use of the Services provided to you either in the form of general information delivered by Freedom Tax in print or digital media or in the form of tax-related services fulfilled by a third party firm authorized to provide tax advice, tax preparation, and tax filing services (collectively, the “Services”). This Agreement includes by reference:
2. YOUR RIGHTS TO USE THE SERVICES
2.1 The Services are protected by copyright, trade secret, and other intellectual property laws. You are only granted the right to use the Services and only for the purposes described by Freedom Tax. Freedom Tax reserves all other rights in the Services. Until termination of this Agreement and as long as you meet any applicable payment obligations and comply with this Agreement, Freedom Tax grants to you a personal, limited, nonexclusive, nontransferable right and license to use the Services.
2.2 You agree not to use, nor permit any third party to use, the Services in a manner that violates any applicable law, regulation or this Agreement. You agree you will not:
3. PAYMENT. For Services offered on a payment or subscription basis, the following terms apply, unless Freedom Tax or its third party affiliate notifies you otherwise in writing. This Agreement also incorporates by reference and includes program ordering and payment terms provided to you on the website for the Services:
4. YOUR PERSONAL INFORMATION. You can view Freedom Tax’s Privacy Statement provided with the Services and on the website for the Services. You agree to the applicable Freedom Tax Privacy Statement and any changes published by Freedom Tax. You agree that Freedom Tax may use and maintain your data according to the Freedom Tax Privacy Statement, as part of the Services. This means that Freedom Tax may use your data to improve the Services or to design promotions and to develop new products or services. Freedom Tax is a global company and may access or store personal information in multiple countries, including countries outside of your own country to the extent permitted by applicable law.
4.1 California Consumer Privacy Act. For the purposes of the California Consumer Privacy Act (“CCPA”), Freedom Tax shall be considered a Business and/or Third Party, as applicable. Where Freedom Tax acts as a Third Party, you represent, warrant and covenant that all Personal Information provided or otherwise made available to Freedom Tax is done so in compliance with applicable law, and that you have provided all necessary and appropriate notices and opt-outs, and otherwise have all necessary and appropriate rights, to enable Freedom Tax to:
5. CONTENT AND USE OF THE SERVICES
5.1 Responsibility for Content and Use of the Services.
5.2 Restricted Use of the Services.
5.3 Freedom Tax may freely use feedback you provide. You agree that Freedom Tax may use your feedback, suggestions, or ideas in any way, including in future modifications of the Services, other products or services, advertising or marketing materials. You grant Freedom Tax a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to Freedom Tax in any way.
5.4 Freedom Tax may monitor Content. Freedom Tax may, but has no obligation to, monitor access to or use of the Services or Content or to review or edit any Content for the purpose of operating the Services, to ensure compliance with this Agreement, and to comply with applicable law or other legal requirements. We may disclose any information necessary to satisfy our legal obligations, protect Freedom Tax or its customers, or operate the Services properly. Freedom Tax, in its sole discretion, may refuse to post, remove, or refuse to remove, or disable any Content, in whole or in part, that is alleged to be, or that we consider to be unacceptable, undesirable, inappropriate, or in violation of this Agreement.
6. ADDITIONAL TERMS
6.1 Freedom Tax does not give professional advice. Freedom Tax is not in the business of providing legal advice. Freedom Tax, LLC is owned by Lael Tax, LLC, a registered Certified Public Accounting (CPA) tax advisory firm, and all preparatory, planning, and filing services are conducted by a registered Certified Public Accountant (CPA), Enrolled Agent (EA), or tax advisor. Freedom Tax is not a law firm; however, it sources a network of licensed third party law firms and attorneys to fulfill certain services.
6.2 We may tell you about other Freedom Tax Services. You may be offered other services, products, or promotions by Freedom Tax (“Freedom Tax Services”). Additional terms and conditions and fees may apply. With some Freedom Tax Services you may upload or enter data from your account(s) such as names, addresses and phone numbers, purchases, etc., to the Internet. You grant Freedom Tax permission to use information about your business and experience to help us to provide the Freedom Tax Services (including other products and services you might be interested in), to develop new products and services, and to enhance the Services.
6.3 Communications. Freedom Tax may be required by law to send you communications about the Services or third party products. You agree that Freedom Tax may send these communications to you via email or by posting them on our websites.
7. DISCLAIMER OF WARRANTIES
7.1 YOUR USE OF THE SERVICES AND CONTENT IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS DESCRIBED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED “AS IS.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FREEDOM TAX, ITS AFFILIATES, AND ITS THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY, “SUPPLIERS”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SERVICES ARE FIT FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, DATA LOSS, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OF CONTENT IN OR LINKED TO THE SERVICES. Freedom Tax AND ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT THE SERVICES ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION. IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO 60 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE SERVICES, WHICHEVER IS SOONER.
7.2 FREEDOM TAX, ITS AFFILIATES AND SUPPLIERS DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS.
8. CHANGES. We reserve the right to modify this Agreement, in our sole discretion, at any time, and the modifications will be effective when posted through the Services or on our website for the Services or when we notify you by other means. We may also change or discontinue the Services, in whole or in part. It is important that you review this Agreement whenever we modify it because your continued use of the Services indicates your agreement to the modifications.
9. TERMINATION. Freedom Tax may, in its sole discretion and without notice, restrict, deny, terminate this Agreement or suspend the Services, related or other Services, effective immediately, in whole or in part, if we determine that your use of the Services violates the Agreement, is improper or substantially exceeds or differs from normal use by other users, raises suspicion of fraud, misuse, security concern, illegal activity or unauthorized access issues, to protect the integrity or availability of the Services or systems and comply with applicable Freedom Tax policy, if you no longer agree to receive electronic communications, or if your use of the Services conflicts with Freedom Tax’s interests or those of another user of the Services. Upon Freedom Tax notice that your use of the Services has been terminated you must immediately stop using the Services and any outstanding payments will become due. Any termination of this Agreement shall not affect Freedom Tax’s rights to any payments due to it. Freedom Tax may terminate a free account at any time. Sections 2.2, 3 through 12 will survive and remain in effect even if the Agreement is terminated.
10. GOVERNING LAW. Florida state law governs this Agreement without regard to its conflict of laws provisions.
11. DISPUTES. ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THE SERVICES OR THIS AGREEMENT WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, except that you may assert claims in small claims court if your claims qualify. Additionally, under Consumer Arbitration Rule 9(b) either party may elect to take a claim to small claims court, even after filing an arbitration. The Federal Arbitration Act governs the interpretation and enforcement of this provision; the arbitrator shall apply Utah law to all other matters. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration provision. Notwithstanding anything to the contrary, any party to the arbitration may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction. WE EACH AGREE THAT ANY AND ALL DISPUTES MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. BY ENTERING INTO THIS AGREEMENT AND AGREEING TO ARBITRATION, YOU AGREE THAT YOU AND FREEDOM TAX ARE EACH WAIVING THE RIGHT TO FILE A LAWSUIT AND THE RIGHT TO A TRIAL BY JURY. IN ADDITION, YOU AGREE TO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR LITIGATE ON A CLASS-WIDE BASIS. YOU AGREE THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THESE RIGHTS.
To begin an arbitration proceeding, send a letter requesting arbitration and describing your claim to Freedom Tax, 12901 MCGREGOR BLVD Suite 20-221 FORT MYERS, FL 33919. Arbitration will be conducted by the American Arbitration Association (AAA) before a single AAA arbitrator under the AAA’s rules, which are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees and costs will be governed by the AAA’s rules. Freedom Tax will not seek its attorneys’ fees or costs in arbitration unless the arbitrator determines your claims or defenses are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. The decision of the arbitrator shall be final and not appealable, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. This Section 11 shall survive expiration, termination or rescission of this Agreement.
12. GENERAL. This Agreement, including the Additional Terms below, is the entire agreement between you and Freedom Tax regarding its subject matter and replaces all prior understandings, communications and agreements, oral or written, regarding its subject matter. If any court of law, having the jurisdiction, rules that any part of this Agreement is invalid, that section will be removed without affecting the remainder of the Agreement. The remaining terms will be valid and enforceable. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. You may not assign or transfer this Agreement to anyone without written approval of Freedom Tax. However, Freedom Tax may assign or transfer this Agreement without your consent to (a) an affiliate, (b) a company through a sale of assets by Freedom Tax or (c) a successor by merger. Any assignment in violation of this Section shall be void. If you want to request a transfer of this Agreement, contact Freedom Tax via an email to: email@example.com.
B. ADDITIONAL TERMS AND CONDITIONS FOR TAX SERVICES
Your use of the Services provided by Freedom Tax are subject to the General Terms of Service above including these Additional Terms and Conditions which govern your use of the Services indicated below. These Additional Terms and Conditions shall prevail over any conflict or inconsistency with the General Terms of Service above.
1.1 Pricing. Prices for the various Services are ultimately determined at time of either selecting the service package at the point you authorize the payment, and all prices are subject to change without notice. You should confirm that the pricing for your use of the Services has not changed. The price for your Service is the price at the time you pay for it. Your price will not change once you pay for your Service.
1.2 Professional Tax Strategies. These documents and this program are intended to communicate our best practices used in legal tax planning. Certain jurisdictions may differ with respect to their local law. Therefore, these documents and this program are intended for educational use only and must be tailored to meet your specific requirements. None of these documents are or should be construed as legal advice. You should consult your own professional accounting and legal guidance.
1.3 Professional Tax Services. Lael Tax, LLC (i.e., Certified Public Accountant, Enrolled Agent or practicing attorney) may prepare and review your U.S. Federal and/or State tax returns and answer questions you may have about your tax return. The Professional Services of the Tax Expert are appropriately licensed tax or legal professionals.
1.3 Third Party Services. Third party service providers are available to provide legal advice, investment advice, entity formation, and estate planning services. You authorize Freedom Tax to share your information with third party service providers to fulfill services on your behalf and at your direction.
2. HELP AND SUPPORT
Freedom Tax may use a variety of methods (e.g., in-product, widgets, Internet, remote access, online community, chat, e-mail, video, SMS, and phone) to provide technical support and customer service in connection with the Services. The terms and conditions governing the offering of this support, which may require the payment of an additional fee, are subject to change as announced by Freedom Tax from time to time.
3. THIRD PARTY SERVICES
To facilitate Third Party Services, Freedom Tax may be required to obtain your explicit consent for disclosure and/or use of your information. By accepting these Third Party Services agreements and consents you authorize Freedom Tax to use and disclose your information, including name and address, to the third party, for the purpose of making the Third Party Services you choose available to you. For some Third Party Services, we may submit an application on your behalf using your information to assist you in obtaining a benefit provided by a third party. You acknowledge that Freedom Tax does not determine if you receive the benefit, and that you are solely responsible for meeting the third party’s requirements and complying with applicable laws and regulations. You may need to provide us with your account number, password, security questions and answers, and other necessary login information (“Login Details”). You hereby represent that you have the authority to provide the Login Details to Freedom Tax and you expressly appoint Freedom Tax as your, or the third party who owns the Login Details’, agent with limited power of attorney to access any Third Party Services on your behalf. You must provide true and accurate information. Third party’s terms and conditions are generally found on the third party’s website. Your participation in Third Party Services indicates your acceptance of such terms and conditions for such Third Party Services. If you sign up for a Third Party Service that requires access to your information on an ongoing basis and you subsequently want us to stop making your information available to such third party, you should discontinue use of the Third Party Services. You should evaluate all Third Party Services based on your own assessment and review of their terms and conditions.
4. LIMITATION OF LIABILITY AND DAMAGES.
YOU UNDERSTAND THAT FREEDOM TAX AND ITS SUPPLIERS WILL NOT AUDIT OR OTHERWISE VERIFY ANY INFORMATION YOU PROVIDE, AND NEITHER IS RESPONSIBLE FOR DISALLOWED DEDUCTIONS, OR THE INCLUSION OF ADDITIONAL UNREPORTED INCOME OR RESULTING TAXES, PENALTIES OR INTEREST.
THE ENTIRE CUMULATIVE LIABILITY OF FREEDOM TAX AND ITS SUPPLIERS FOR ANY REASON ARISING FROM OR RELATING TO THIS AGREEMENT SHALL BE LIMITED AS SET FORTH IN SECTION 5 OF THE GENERAL TERMS.
FREEDOM TAX AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR LOSS OF PROFITS OR INVESTMENT, TAX POSITIONS TAKEN BY YOU, INABILITY TO FILE YOUR RETURN, DELAY IN PREPARING YOUR TAX RETURN, INCORRECT OR INCOMPLETE INFORMATION PROVIDED TO FREEDOM TAX OR ITS SUPPLIERS.
Freedom Tax shall not be liable for any default or delay in the performance of its obligations under this Agreement to the extent its performance is delayed or prevented due to causes beyond its reasonable control, such as acts of God, natural disasters, terrorist acts, war or other hostilities, labor disputes, civil disturbances, the actions or omissions of third parties, electrical or communication system failures, or governmental action.
5. MISCELLANEOUS MATTERS.
You agree that Freedom Tax is not acting as your agent or fiduciary in connection with your use of any Services.
You can contact Freedom Tax by mail at Freedom Tax, 12901 MCGREGOR BLVD Suite 20-221
FORT MYERS, FL 33919, or by calling (239) 451-5533 if you have a question or concern about any product or service we sell.