User License Agreement
J1 Summer Tax Back, Terms and Conditions
Please read this agreement carefully as it governs your use of the J1 Summer Tax back software. J1 Summer Tax back, Inc., a corporation organized under the laws Delaware, USA.
By clicking acceptance, logging into, accessing or otherwise using any part of the J1 Summer Tax back, website or materials (as defined below), or by manifesting your assent to these terms in any other manner, the User (as defined below) accepts and unequivocally agrees to be bound by all the terms and conditions of this agreement. If the User does not unequivocally agree to all of the terms of this agreement, he/she must refrain from logging into, accessing or otherwise using any part of the J1 Summer Tax back, materials.
You agree that your electronic signature in these methods is the legal equivalent of your manual signature on this agreement. You further agree that your use of a key pad, mouse or other device to select an item, button, icon or similar act or action, or any other act or action in submitting materials to J1 Summer Tax back, or accessing J1 Summer Tax back products or materials constitutes your electronic signature, acceptance and agreement. You also agree that no other certification or verification is necessary to validate your electronic signature, and the lack of such certification or verification will not in any way affect the enforceability of your electronic signature or any resulting agreement between you and J1 Summer Tax back. This End User License Agreement is also subject to the J1 Summer Tax back Terms and Conditions located at http://www.j1summertaxback.com/terms-and-conditions/. The J1 Summer Tax back Terms and Conditions will govern any conflict in terms with this End User License Agreement.
This End User License Agreement (“Agreement”) between J1 Summer Tax back and any person or entity (“User” or “you”) who purchases, accesses or otherwise uses software, content, websites, information, materials or other deliverables, whether in print or electronic form, on our through one or more J1 Summer Tax back-owned or operated websites or otherwise made available by J1 Summer Tax back (collectively, the “J1 Summer Tax back Products”). In the event that the User purports to be the agent of, represent or otherwise act on behalf of an entity or any other person, references to the “User” or “you” shall include such entity or person in addition to such representative.
In addition to this Agreement, the User shall be bound by and subject to any separate agreements entered into with J1 Summer Tax back by the User or any entity or other person on behalf of whom User purports to be the agent of, represent or otherwise act (including, without limitation, the J1 Summer Tax back Terms and Conditions and any other terms governing the purchase or use of content as provided by J1 Summer Tax back from time to time). References to the J1 Summer Tax back products and services (“Products” and “Services”), as used herein, include any and all accompanying and supporting software or services, whether or not provided online, content and documentation, and any upgrades, modified versions, updates or additions thereto. J1 Summer Tax back and the User are collectively referred to as the “parties.”
J1 Summer Tax back Product Terms
The J1 Summer Tax back product is protected by international intellectual property laws and treaties. User’s access to J1 Summer Tax back is licensed and not sold. J1 Summer Tax back (for itself and its affiliates and Distributors) hereby reserves all rights not expressly granted to User, including, without limitation, the right to alter, modify, update, enhance, improve or create derivative or collective works incorporating J1 Summer Tax back products and services.
J1 Summer Tax back Product
Except as otherwise agreed in any separate agreements entered into with J1 Summer Tax back by the User or any entity or other person on behalf of whom User purports to be the agent of, represent or otherwise act, J1 Summer Tax back grants the User a limited, non-exclusive, personal, non-transferable, non-sublicensable, revocable license to access and use the J1 Summer Tax back product in the original, unmodified form as delivered by J1 Summer Tax back only and solely for the purposes expressly authorized by J1 Summer Tax back (and not for service bureau, time-sharing or similar services). The User is not permitted to use or transfer the J1 Summer Tax back product in any manner not expressly authorized by this Agreement, such separate agreement, or applicable law or use the J1 Summer Tax back product for the benefit of or on behalf of third parties without J1 Summer Tax back’s written consent, which it may grant or withhold in its sole discretion, including the preparation of tax returns, schedules, worksheets or related information on a professional or commercial basis. As between the User and J1 Summer Tax back, the User acknowledges that the right to grant authority to use the J1 Summer Tax back product belongs to J1 Summer Tax back and its Distributors. User shall not exceed the scope of User’s license to use J1 Summer Tax back, and the User shall not provide the User’s Account Information (as defined below) to another User for any reason, including, without limitation, in order for such other User to access additional features of the J1 Summer Tax back product. Modification, reverse engineering, reverse compiling or disassembly of the J1 Summer Tax back product is expressly prohibited.
Accessibility of J1 Summer Tax back.
The User understands and agrees that from time to time J1 Summer Tax back Products and/or certain features or functionality may be inaccessible or inoperable for any reason, including, without limitation:
(i) equipment or software malfunctions,
(ii) periodic maintenance procedures or repairs that J1 Summer Tax back may undertake from time to time, or
(iii) causes beyond the control of J1 Summer Tax back or which are not foreseeable by J1 Summer Tax back.
User acknowledges that access to and/or features and functionality of J1 Summer Tax back are provided over various facilities and communications lines, and that information will be transmitted over local exchange and internet backbone carrier lines and through routers, switches and other devices (collectively, “Carrier Lines”) owned, maintained and serviced by third-party carriers, utilities and internet service providers, all of whom are beyond J1 Summer Tax back’s control. Use of Carrier Lines to access and use J1 Summer Tax back and transmit information is solely at the User’s risk and is subject to all local, State, Federal and other applicable laws.
User shall be solely responsible for providing, maintaining and ensuring the compatibility of all hardware, software, electrical, and other physical requirements necessary for the User’s access and use of J1 Summer Tax back, including, without limitation, telecommunications and internet access connections and links, web browsers or other equipment, and programs and services required to access and use J1 Summer Tax back and any other J1 Summer Tax back Products. The User is responsible for protecting the information on any computer such as by installing anti-virus software, updating software, password protecting files, and not permitting third party physical or electronic access to the User’s computer or account.
Account Information and Security
In order to access and use J1 Summer Tax back, the User may be required to register with J1 Summer Tax back and select a username and password or otherwise activate J1 Summer Tax back for use (collectively, “Account Information”). This Account Information shall be used only by User, and User may not share or otherwise disclose User’s Account Information to any other party. The User shall be responsible for the security, confidentiality and integrity of all information that User receives, transmits through or stores using J1 Summer Tax back or any other J1 Summer Tax back Products, to the extent that any misuse of this information or infringement of such matters could be prevented by User. J1 Summer Tax back will store information of User for such time as is required pursuant to its agreement with User, for such time as required by law in particular federal, state and local jurisdictions, and for such time as required to preserve evidence of the use of J1 Summer Tax back Products and Services for the benefit of User and J1 Summer Tax back. J1 Summer Tax back does not commit, however, to store User’s information once the use of J1 Summer Tax back Products and Services has resulted in the completion of the task for which it was engaged by User.
The User shall be responsible for the security, confidentiality, and integrity of User’s Account Information and for any authorized or unauthorized access and use of User’s account by any person. The User has the affirmative responsibility to monitor and control access to the User’s Account Information. If at any time the User learns or suspects that his/her Account Information has been disclosed or otherwise made known to any person other than User, User agrees to immediately notify J1 Summer Tax back. As part of this registration process, the User may be required to disclose the User’s email address to J1 Summer Tax back and, if so, the User is required to keep such an email address current.
J1 Summer Tax back reserves the right but has no affirmative obligation, to monitor User accounts to:
(i) operate J1 Summer Tax back software properly,
(ii) administer and manage J1 Summer Tax back software,
(iii) provide all Users with the highest quality products and services,
(iv) verify compliance with law or this Agreement,
(v) protect J1 Summer Tax back and its users, and/or
(vi) satisfy any law, regulation, subpoena, or other government requests.
The User acknowledges that other users have access to J1 Summer Tax back and information made available thereby. The actions of such other users are beyond the control of the J1 Summer Tax back. Accordingly, J1 Summer Tax back does not assume any liability for or relating to any impairment of the privacy, security, confidentiality, integrity, availability, or restricted use of J1 Summer Tax back or any content provided thereby from any other user’s actions or omissions.
Consent to Use of Data
The User agrees that J1 Summer Tax back may collect and use technical and related information regarding the User’s system and use of J1 Summer Tax back software or products, including, without limitation, technical information about the User’s computer, system and application software, and peripherals, that is gathered periodically to facilitate the provision of updates, support and other services (if any) related to J1 Summer Tax back software to verify compliance with this Agreement, and to improve J1 Summer Tax back software or products and related services.
The User agrees not to access J1 Summer Tax back or any other aspect of or information contained on the J1 Summer Tax back website through any technology or means other than through User’s account using User’s Account Information. The User agrees not to use or launch any automated system, including, without limitation, “robots,” “spiders” or “offline readers,” that accesses J1 Summer Tax back in a manner that sends more request messages to J1 Summer Tax back in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser. The User agrees not to collect or harvest any personally identifiable information, including any other User’s Account Information, from J1 Summer Tax back, nor to use the communications systems provided by J1 Summer Tax back for any commercial solicitation.
J1 Summer Tax back Content, User Content, and User Conduct
J1 Summer Tax back Content
Each User may use the J1 Summer Tax back Products or Services solely to prepare valid United States Federal and/or State tax return(s), complete Form W 4’s, complete Form 1042-S’s, and to determine residency and tax treaty entitlement, for which a User has paid all applicable fee(s), and after proper registration and any applicable payment, to file electronically and/or print such Federal and/or State tax return, FICA tax or ITIN tax identification number (collectively, the “Services”) in the jurisdiction(s) the User determines is appropriate. J1 Summer Tax back Products and Services contain confidential and proprietary information that is protected by copyrights, patents, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media, and technologies existing now or hereafter developed. User’s use of J1 Summer Tax back will be governed by this Agreement.
All User Content (as defined below) originates from users, and as such, is beyond the control of J1 Summer Tax back. J1 Summer Tax back neither initiates the posting of such User Content nor monitors the specific content or accuracy of the User Content being posted. Without limiting the generality of any other provision of this Agreement, J1 Summer Tax back does not have and shall not in the future have any responsibility for or liability related to the accuracy, content, currentness, completeness, suitability, fitness for a particular purpose, or delivery of the User Content. The User is responsible for the accuracy, content, currentness, completeness, suitability, fitness for a particular purpose, and delivery of the User Content, and the User warrants that the User Content is accurate, current, and complete. The User shall indemnify J1 Summer Tax back for any and all losses or damages J1 Summer Tax back may incur regarding or related to the accuracy, content, currency, completeness, or delivery of the User Content pursuant to the indemnification provisions of this Agreement.
J1 Summer Tax back Standards and Conduct
The User’s privilege to use J1 Summer Tax back depends on the User’s compliance with the J1 Summer Tax back standards and conduct guidelines set forth by J1 Summer Tax back, as amended from time to time. J1 Summer Tax back may revoke the User’s privileges or take any other appropriate measures to enforce these guidelines if violations are brought to its attention. As J1 Summer Tax back does not control or monitor the User Content posted on J1 Summer Tax back, under no circumstances will J1 Summer Tax back be liable in any way to User or any third person for any User Content, including, without limitation, for any loss or damage of any kind incurred as a result of use of or exposure to the User Content. User agrees not to use or allow others to use J1 Summer Tax back, the J1 Summer Tax back Network Products to or otherwise:
Upload, post, email or otherwise transmit any User Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, libelous, slanderous, vulgar, obscene, pornographic, profane, indecent, sexually explicit, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable or intended to offend any person based on a person’s race, ethnic heritage, national origin, sex, sexual orientation or preference, age, physical or mental illness or disability, marital status, employment status, housing status, religion or other characteristics as may be defined by applicable civil rights laws or that is otherwise objectionable to J1 Summer Tax back in its sole discretion; harm minors in any way;
iii. impersonate any person or entity, including, but not limited to, a J1 Summer Tax back employee or representative, a moderator, guide or host or falsely state or otherwise misrepresent its affiliation with a person or entity;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through J1 Summer Tax back, the J1 Summer Tax back Products;
upload, post or otherwise transmit any User Content that User does not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
upload, post, or otherwise transmit any User Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
vii. upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” multi-level marketing opportunities, franchises or any other form of solicitation;
viii. upload, post or otherwise transmit any material or User Content that contains software viruses or any other malicious code, files or programs designed to interrupt, disrupt, destroy, damage or limit the functionality of any computer software or hardware or telecommunications equipment or violate the security of any computer network, crack passwords or security encryption codes or otherwise attempt to gain unauthorized access to any other computer system;
attempt to cause the traffic levels of the software or other networks to rise without reason or for malicious purpose, including, without limitation, through the transmission of large files to people for malicious purposes, “mailbombing,” transmissions intended to raise the costs of another’s access through excessive traffic levels, denial of service or similar attacks, repeatedly sending the same content to another person for the purpose of harassment or otherwise causing an unreasonable increase in traffic levels or usage of J1 Summer Tax back software or products as solely determined by J1 Summer Tax back;
disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the J1 Summer Tax back software are able to type or otherwise act in a manner that negatively affects other users’ ability to engage in meaningful exchanges;
interfere with or disrupt the servers or networks connected to J1 Summer Tax back or J1 Summer Tax back Products, or disobey any requirements, procedures, policies or regulations of networks connected to J1 Summer Tax back or the J1 Summer Tax back Products;
xii. intentionally or unintentionally violate any applicable local, state, national or international law;
xiii. “stalk,” harass, threaten invade the privacy of or engage in predatory behavior towards another User of J1 Summer Tax back Products or any other person; or
xiv. collect, store or use personal data about other users. The User’s privilege to use J1 Summer Tax back or any other J1 Summer Tax back Products depends on the User’s compliance with the guidelines set forth above. J1 Summer Tax back may revoke the User’s privileges or take any other appropriate measures to enforce these guidelines if violations are brought to its attention. The User acknowledges that by providing the User with the ability to post User Content, J1 Summer Tax back, J1 Summer Tax back or any other J1 Summer Tax back Products are acting as a passive conduit for such distribution, and J1 Summer Tax back is not undertaking any obligation or liability relating to any User Content posted or activities undertaken utilizing J1 Summer Tax back or any other J1 Summer Tax back Products.
J1 Summer Tax back, Tax Advice Services
J1 Summer Tax back Services
J1 Summer Tax back includes a feature that connects Users to an online ‘Live Chat’ service to obtain customer support for technical services. Users must be able to access the internet to take advantage of the Live Chat service. Users acknowledge and agree that J1 Summer Tax back Live Chat service advisor will sign a Federal or State tax return, FICA tax, ITIN tax identification application, or any other US tax forms, or pay any tax on a User’s behalf or act as the paid preparer of the return. J1 Summer Tax back reserves the right to amend or alter the J1 Summer Tax back service levels or availability at any time or for any reason. Additionally, J1 Summer Tax back may provide technical support to Users, including through the internet or e-mail messages. 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 J1 Summer Tax back from time to time.
J1 Summer Tax back, and its employees, agents, and representatives, are not affiliated with the Internal Revenue Service (“IRS”) or any other governmental or regulatory body or agency. J1 Summer Tax back provides paid services to prepare an application for a Tax application from the IRS. As a private document preparation service, pursuant to IRS Form 1040NR and 1040X, J1 Summer Tax back also prepares applications for an Individual Taxpayer Identification Number (“ITIN”) on behalf of their clients for submission to the IRS. J1 Summer Tax back does not verify ITIN application submissions and is not responsible for the accuracy of the information provided. J1 Summer Tax back does not submit the ITIN application to the IRS on behalf of their clients. Submission of the ITIN application to the IRS is the sole responsibility of the client. Any individual may obtain, prepare, and submit his or her own ITIN (W7 Form) application at no cost directly to the IRS. Use of this website does not make you a client, or a prospective client, of J1 Summer Tax back. J1 Summer Tax back makes no warranties or representations, express or implied, regarding the information on this Website. J1 Summer Tax back is not liable for any and all damages resulting from the use of, the reference to, or reliance on information provided on this Website. It is provided for general informational purposes only and does not constitute advice of any kind. For convenience, this Website may contain links to third-party websites. J1 Summer Tax back does not control, endorse, or assume responsibility for the nature, content, accuracy, and availability of such websites. J1 Summer Tax back does not guarantee the availability of the Website and is not responsible for temporary unavailability due to technical issues. J1 Summer Tax back is not a law firm and does not offer legal advice or recommendations.
Compliance with Law; Section 7216 Consent
J1 Summer Tax back will at all times be in compliance with and shall not violate any applicable statutes, laws, rules, or regulations of the United States. In addition to the general requirement stated above, J1 Summer Tax back will inform any developer or service provider it engages to assist with specific tasks by contract (“Developer” or “Service Provider”) that the Customer Data includes sensitive tax return information subject to Internal Revenue Service (“IRS”) regulations (including those concerning Internal Revenue Code (“IRC”) sections 6713 and 7216, defined to include these sections as amended from time to time or their corresponding successor section numbers) governing its use and disclosure and that the penalties for unauthorized disclosure or use of tax return information under IRC 6713 and 7216 can result in criminal prosecution, imprisonment and the assessment of monetary fines. J1 Summer Tax Back will contract with Developers or Service Providers who have access to such Customer Data that this is solely to provide the Services, and J1 Summer Tax back requires that Developers and Service Providers not disclose such sensitive tax return information to any third persons, unless required by law. Additionally, Developers and Service Providers will be directed to notify, represent, and warrant that they notify in writing any of their employees or contractors who may have access to such Customer Data of the applicability of IRC Sections 6713 and 7216, including a description of the requirements and penalties of those sections. Developer and Service Providers, as well as affiliates of J1 Summer Tax Back (including servicers, servers, entities, and persons located outside the United States, will be required to ensure that all tax return information (including, tax preparation, assistance, and/or support related thereto) must remain within the United States unless an explicit IRC Section 7216 consent for disclosure for storing or sending such information for Services to be provided outside the United States has been obtained from the User. For this reason, when accepting this End User License Agreement, User expressly and explicitly provides User’s 7216 consent as described above and as provided in detail as a document entitled “Consent to Disclosure of Tax Return Information under IRC Section 7216 Disclosure Consent Requirements” that appears immediately following section 13 below.
J1 Summer Tax Back Products
The J1 Summer Tax Back Intellectual Property Rights (as defined below) are the valuable, confidential property of J1 Summer Tax Back and its licensors. International intellectual property laws protect such J1 Summer Tax Back Intellectual Property Rights. The User may use the J1 Summer Tax Back software as permitted herein and may not otherwise modify, adapt, translate, or create derivative or collective works based on J1 Summer Tax Back or any other J1 Summer Tax Back Products without the prior written consent of J1 Summer Tax Back. As between the parties, J1 Summer Tax Back holds all rights, title, and interest in all other J1 Summer Tax Back Products, with the exception of the User Content, and including, without limitation, all ancillary and interface software, all current and future enhancements, revisions, new releases and updates thereof and any derivative or collective works based thereon and all documentation thereto, all copyrights, trademarks, trade secrets, patents and goodwill therein, and all images, photographs, illustrations, graphics, audio and video created by or for J1 Summer Tax Back therein (collectively, the “J1 Summer Tax Back Intellectual Property Rights”).
The User shall be solely responsible for the posting or provision of User Content. In connection with the User Content, the User affirms, represents and warrants that User owns or has the necessary licenses, rights, consents and permissions to use and authorize J1 Summer Tax Back to use all proprietary rights in and to any and all User Content to enable inclusion and use of the User Content in the manner contemplated by the J1 Summer Tax Back Products. The User retains all ownership rights in User Content. By posting or providing User Content to J1 Summer Tax Back, the User hereby grants J1 Summer Tax Back a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, modify, edit, adapt, publish, translate, incorporate, prepare derivative and collective works utilizing, display and perform the User Content in any form, medium or technology now known or later developed throughout the universe. In addition, the User hereby waives (or warrants that the owner of such User Content has expressly waived) any and all “moral rights” in the User Content as to any of the foregoing rights and licenses granted to J1 Summer Tax Back. J1 Summer Tax Back does not permit infringing activities or infringement of intellectual property rights using J1 Summer Tax Back Products, and J1 Summer Tax Back will remove or disable all User Content or other content if properly notified that such User Content or other content infringes on another person’s intellectual property rights. J1 Summer Tax Back reserves the right to remove or disable User Content without prior notice.
J1 Summer Tax Back™, the J1 Summer Tax Back™ logo and any other trademarks operated by J1 Summer Tax Back, whether or not included in the J1 Summer Tax Back Products and any logos relating to the foregoing are trademarks or service marks of J1 Summer Tax Back and its licensors (collectively, the “J1 Summer Tax Back Trademarks”). All other trademarks, service marks, and logos used in J1 Summer Tax Back are the trademarks, service marks or logos of their respective owners.
Use of Intellectual Property
Except as otherwise expressly permitted by J1 Summer Tax Back, the User may not copy, reproduce, republish, store, upload, post, transmit, analyze, adapt, reformat, print, distribute, commercially exploit or publicly display the J1 Summer Tax Back Intellectual Property Rights, J1 Summer Tax Back Products, the J1 Summer Tax Back Trademarks or the Confidential Information (as defined below) or any portion thereof in any manner whatsoever without the prior written consent of J1 Summer Tax Back. User may not remove, reproduce, alter, use, display, modify, copy or obscure any copyrighted material, trademark, service mark, legal or other proprietary notices in or on any portions of the J1 Summer Tax Back Intellectual Property Rights J1 Summer Tax Back Products, the J1 Summer Tax Back Trademarks, the Confidential Information or any User Content or any portion thereof.
This Agreement, the Terms, and Conditions and any other terms set forth by J1 Summer Tax Back at the time of purchase or agreements between User and J1 Summer Tax Back shall govern use of J1 Summer Tax Back. The User agrees that J1 Summer Tax Back shall have no liability to User for J1 Summer Tax Back Content that may be found to be offensive, indecent, or objectionable. J1 Summer Tax Back Content types (including categories, sub-categories, and genres) and descriptions are provided for convenience, and J1 Summer Tax Back does not guarantee their accuracy. Prices and availability of products are subject to change without notice. Errors will be corrected where discovered, and J1 Summer Tax Back reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and the User’s payment method accepted and charged.
Prices for J1 Summer Tax Back Products and Services are ultimately determined at the time each User elects to print or e-file a Federal and/or State tax return, FICA tax or ITIN tax identification number form, and are subject to change without notice. Each User is obligated to confirm that the pricing for the use of J1 Summer Tax Back or Services has not changed, particularly if some time has passed between the date a User started a Federal and/or State tax return, FICA tax or ITIN tax identification number form and the date such Federal and/or State tax return, FICA tax or ITIN tax identification number form is finished and ready for filing or printing. The price for use of J1 Summer Tax back is established at the time of payment, and no price changes shall be made by J1 Summer Tax Back once payment is received. All payments will be billed and are payable in US dollars. A User will not be able to print or file tax Federal and/or State tax returns, FICA tax, or ITIN tax identification number forms without registering or paying for the J1 Summer Tax Back service.
J1 Summer Tax Back’s refund and cancellation policy is limited to the circumstances described in this section. To qualify for a refund, User must not have been delivered the J1 Summer Tax Back Product or Service. Once delivered with appropriate payment made and a Service provided, no refund will be issued.
Cases eligible for a refund are limited to the following:
Duplicate payment or accidental over-payment for a Product or Service (e.g., you were charged more than once for the identical Product or Service);
If post review, a return was prepared inaccurately solely because of a software/calculation error and not due to inaccuracy in the information provided by the User; or
Any other unique circumstance explained by you and approved by J1 Summer Tax Back in its sole discretion (including any mandatory provision of applicable law).
If a refund is approved, J1 Summer Tax Back will process it within 3-5 business days of its approval. The refund will be returned to the card company or other financial entity you used for payment. There may be additional delay in receipt of a credit added by the institution you used for payment. We’ll notify you via e-mail of your refund if approved.
Cases ineligible for a refund are all other cases including but not limited to the following:
User refuses or fails to follow the instructions regarding the Product or instructions of the J1 Summer Tax Back Customer Service Team;
The Product or Service was purchased by your mistake or on your assumption that it does something that it is not intended to do and is not stated it would do;
You claim that the Product or Service will do something that is not stated in the user guide for software, on the Product’s homepage description or in other documentation supplied by J1 Summer Tax Back as a capability of the Service or Product;
User or you did not read the Terms and Conditions and/or Frequently Asked Questions concerning the Product or Service purchased and because of that what you purchased or received is different from what you expected;
You changed your mind after purchase and no longer want the Product or Service because of that;
You purchased or used other software or service that you decided might better meet your needs;
You do not provide requested assistance or information required to prepare and deliver the results from use of the Product or Service;
A bug or technical defect is reported to J1 Summer Tax Back and fixed in time for you to file your tax return on a timely basis;
A problem in using our Product or Service is caused by your system or network settings or by a third-party application or device; or
A problem arises because of unused, lost or misplaced access codes. (For example, J1 Summer Tax Back does not control the distribution or access rules concerning discounted codes for users by individual schools, universities or colleges.
Cancellation of your purchase of a Product or Service with refund may be approved by J1 Summer Tax Back only for non-automated Products (those which are not delivered instantly at the time of payment). All Products and Services to be delivered instantly at the time of payment cannot be cancelled, and only the refund policy described above might apply.
This Agreement is effective upon User’s acceptance as set forth herein and shall continue in full force until terminated as set forth herein. This Agreement will terminate automatically without notice from J1 Summer Tax Back if User fails to comply with any provision of this Agreement. User may terminate this Agreement by terminating access to J1 Summer Tax Back, removing J1 Summer Tax Back Products from User’s access and J1 Summer Tax Back Content from User’s database, and notifying J1 Summer Tax Back that User has done so. Upon termination, User shall terminate use of J1 Summer Tax Back and destroy any copies of J1 Summer Tax Back J1 Summer Tax Back Products in User’s possession. Except as expressly granted herein, User shall not be entitled to any refund on any portion of any fees or other charges paid in connection with this Agreement. J1 Summer Tax Back reserves the right to discontinue or suspend any aspect of or access to J1 Summer Tax Back at any time. J1 Summer Tax Back may terminate User’s access to J1 Summer Tax Back if, under appropriate circumstances, User is determined to be a repeat infringer of another’s intellectual property or other rights.
Disclaimer of Warranties
J1 Summer Tax Back Products and Services are provided “as is,” “where is,” and “as available” without warranty of any kind, express or implied. Use of J1 Summer Tax Back and J1 Summer Tax Back Products are at the User’s sole risk. J1 Summer Tax Back does not warrant that User’s use of J1 Summer Tax Back will be uninterrupted or error free, nor does J1 Summer Tax Back make any warranty as to the accuracy of any User Content or as to any results that may be obtained by use of J1 Summer Tax Back or any other J1 Summer Tax Back Products or Services. J1 Summer Tax Back makes no other warranties, express or implied in relation to J1 Summer Tax Back, The J1 Summer Tax Back Products or User Content, including, without limitation, any IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR APPLICATION, arising by virtue of custom of trade or course of dealing, title, non-infringement or timeliness, suitability, accuracy, or fitness for a particular purpose. The User is solely responsible for any and all acts or omissions taken in reliance on J1 Summer Tax Back, any other J1 Summer Tax Back Products or any information or User Content therein, including, without limitation, inaccurate or incomplete information. Any implied warranties that cannot be disclaimed are limited to the shortest period permitted by applicable law. To the extent that the law applicable in any particular jurisdiction precludes the full range of limitations stated in sections 10 and 11, the limitations of liability and remedies contained herein will be applied as broadly as possible to limit the liability of J1 Summer Tax Back and the range of remedies that may be applied against it.
Limitation of Liability
User expressly agrees that neither J1 Summer Tax Back nor any of its Distributors or affiliates shall be liable to User or any other person for any indirect, incidental, consequential, special, punitive or exemplary damages for any matter arising from or relating to this agreement, the Products or Services or J1 Summer Tax Back, User content, or the internet generally, including, without limitation, User’s use or inability to use J1 Summer Tax Back, the J1 Summer Tax Back, Products or Services or User content, any changes to or inaccessibility of J1 Summer Tax Back Products, any inaccuracy or incompleteness of User content or information contained in J1 Summer Tax back or any other J1 Summer Tax Back Products, any delay, failure, unauthorized access to or alteration of any transmission or data, any material or data sent or received or not sent or received, any transaction or agreement entered into through J1 Summer Tax back or other J1 Summer Tax Back Products or Services or any data or material from a third person accessed on or through J1 Summer Tax Back or other J1 Summer Tax Back Products, whether such liability is asserted on the basis of contract, tort, negligence or otherwise.
To the maximum extent permitted by applicable law, neither J1 Summer Tax Back’s nor any of its affiliates or subsidiaries’ total liability for direct damages exceed the total purchase and/or fees paid, if any, by User to J1 Summer Tax Back hereunder. If the User is dissatisfied with J1 Summer Tax Back or any other J1 Summer Tax Back Products, the User’s sole and exclusive remedy shall be for the User to discontinue use of J1 Summer Tax Back and all other J1 Summer Tax Back Products and terminate this Agreement in accordance with Section 10.
Unless expressly stated or agreed in writing by J1 Summer Tax Back, J1 Summer Tax Back is not providing legal or tax advice, is not providing advice or guidance on the purchase or sale of securities, is not a broker-dealer or an insurer with regard to performance of J1 Summer Tax Back, The J1 Summer Tax Back Products or Services or User content. J1 Summer Tax Back’s disclaimer of warranties and the limitation of liability and remedy are a reflection of the risks assumed by the parties in order for User to obtain the rights to use J1 Summer Tax Back and any other J1 Summer Tax Back Products and Services at the specified price. User assumes all risk for: (i) all liabilities disclaimed by J1 Summer Tax Back contained herein; and (ii) all alleged damages in excess of the amount, if any, of the limited remedy provided hereunder.
User specifically acknowledges and agrees that J1 Summer Tax Back shall not be liable for User content or defamatory, offensive or illegal conduct of any third party and that the risk of harm or damage from the foregoing is borne solely by User. To the extent that any limitation of liability or of remedy is not permitted in a particular jurisdiction, the limitations of liability and remedy will be construed as broadly as possible to carry out the intention of limiting rather than permitting liability and remedies.
J1 Summer Tax Back will not audit or otherwise verify any information User provides, and is not responsible for disallowed deductions, or the inclusion of additional unreported income or resulting taxes, penalties or interest. Except for the reimbursement for J1 Summer Tax Back’s calculation errors described herein, the entire cumulative liability of J1 Summer Tax Back and its suppliers for any reason arising from or relating to this agreement shall be limited as set forth in Section 10 and 11.
J1 Summer Tax Back shall not be liable for loss of profits or investment, tax positions taken by User, inability to file User’s Federal and/or State tax return, FICA tax or ITIN tax identification number form, delay in preparing the User’s Federal and/or State tax return, FICA tax or ITIN tax identification number form, incorrect or incomplete information provided to J1 Summer Tax Back, any access to, or use of, User’s password and User ID by an unauthorized person.
The financial or educational institutions through which User may access J1 Summer Tax Back or any other J1 Summer Tax Back Products or Services shall not have liability resulting from User’s use of the Products or Services.
The User agrees to indemnify, hold harmless and defend J1 Summer Tax Back, any of its licensors, affiliates or subsidiaries and any members, officers, employees and agents of the foregoing, from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorney’s fees, asserted by any person or entity, arising out of or relating to: (a) this Agreement or the User’s violation of the terms and conditions thereof; (b) User’s use of J1 Summer Tax Back Products, including any data, User Content, communication or work transmitted or received by User; (c) any unacceptable use of J1 Summer Tax Back or any other J1 Summer Tax Back Products by User or through User’s account, including, without limitation, any statement, data or User Content posted, made, transmitted or republished by User which is prohibited as unacceptable under this Agreement; (d) gross negligence, fraud or any intentional or negligent act or omission of User; (e) the User’s violation of any third party rights, including, without limitation, any intellectual property or privacy right; and (f) any claim that any User Content posted by the User caused damage to a third party.
The parties and their respective personnel are and shall be independent contractors and neither party by virtue of this Agreement shall have any right, power or authority to act or create any obligation, express or implied, on behalf of the other party.
No amendment or modification of this Agreement will be binding unless in writing and signed by J1 Summer Tax Back. The terms of this Agreement will govern any upgrades to J1 Summer Tax Back or any other J1 Summer Tax Back Products provided by J1 Summer Tax Back that replace or supplement the original J1 Summer Tax Back Products, unless such upgrade is accompanied by a separate or substitute agreement in which case the terms of that agreement will govern.
The User shall not assign any of its rights, duties or obligations under this Agreement without the prior written consent of J1 Summer Tax Back, and any attempted assignment or delegation without such consent shall be void and of no effect.
No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver.
If any provision of this Agreement is determined to be illegal or unenforceable, then such provision will be enforced to the maximum extent possible and the other provisions will remain fully effective and enforceable.
Unless otherwise provided in this Agreement, all notices shall be in writing and shall be deemed to be delivered when sent by first-class mail, postage prepaid, facsimile or e-mail to either party’s last known post office, facsimile or e-mail address, respectively. The User hereby consents to notice by email.
This Agreement shall be treated as though it were executed and were to be performed in Delaware and will be governed by and construed in accordance with the laws of the State of Delaware, without regard to conflict of laws principles. J1 Summer Tax Back does not represent that J1 Summer Tax Back or any other J1 Summer Tax Back Products or Services are appropriate or available for use in all countries.
In the event of any dispute between the parties, they shall first endeavor to resolve it by amicable discussion. If this fails to resolve the dispute, either party may commence formal dispute resolution solely as follows, within seven (7) days after providing a written statement to the other party that informal efforts at dispute resolution have failed. Any controversy or claim arising out of or relating to any agreement between J1 Summer Tax Back and User, or the breach thereof, shall be determined by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, except that if User is a citizen of a country other than the United States, User may have the arbitration administered at User’s option by the International Centre for Dispute Resolution in accordance with its International Arbitration Rules. The number of arbitrators shall be one. The place of arbitration shall be Delaware, USA. The language of the arbitration shall be English. User will not file a lawsuit against J1 Summer Tax Back or otherwise participate in a lawsuit against J1 Summer Tax Back as a named representative in litigation requesting class action designation.
Timely Assertion of Claims
No claim arising under this Agreement may be brought by User more than one (1) year after the cause of action has accrued without regard to any applicable statute of limitations.
The parties agree that breach of the provisions of this Agreement, including, without limitation, the unauthorized use or duplication of J1 Summer Tax Back or any other J1 Summer Tax Back Products, would cause irreparable harm and significant injury to J1 Summer Tax Back which would be both difficult to ascertain and which would not be compensable by damages alone. The parties therefore agree that J1 Summer Tax Back has the right to enforce the provisions of this Agreement by injunction (without necessity of posting bond), specific performance or other equitable relief without prejudice to any other rights and remedies J1 Summer Tax Back may have for User’s breach of this Agreement, pending resolution of a dispute pursuant to arbitration as specified above in section 13(H).
The prevailing party in any dispute will be entitled to reasonable fees of attorneys, accountants, and other professionals, and costs and expenses in addition to any other relief to which such prevailing party may be entitled by award or injunctive relief.
The captions and headings of this Agreement are included for ease of reference only and will be disregarded in interpreting or construing this Agreement.
Neither party shall be responsible or liable for failure to fulfil its obligations under this Agreement (except for payment of any fees) due to any major unforeseeable event beyond the control of, and not caused by the fault or negligence of, such party or its agents, including, without limitation, an act of God, fire, earthquake, flood, explosion, action of the elements, war invasion, terrorism, insurrection, riot, mob violence, sabotage, inability to procure equipment, facilities, materials or supplies in the open market, failure of power, failure of transportation, failure of telecommunications systems or infrastructure, strike, lockout, action of labor unions, condemnation, requisition, law or order of government, civil or military authorities; provided that the party failing to perform in such event shall promptly resume or remedy, as the case may be, the performance of its obligations hereunder as soon as practicable.
The terms and provisions of Sections 3-12, inclusive, shall survive any termination or expiration of this Agreement.
Users can contact J1 Summer Tax Back by email at J1SummerTaxBack@gmail.com if you have a question or concern about J1 Summer Tax Back. If you have a query about any other J1 Summer Tax Back Product or Service, contact J1SummerTaxBack@gmail.com
Consent to Disclosure of Tax Return Information under IRC Section 7216 Disclosure Consent Requirements
J1 Summer Tax Back is a tax preparation software customized to enable international students in the US and outside of the US to file their Federal, State and FICA tax returns and apply for an ITIN, where needed. Due to the international profile of the J1 Summer Tax Back clients and their tax needs.
To ensure your tax return is prepared in a compliant and correct manner, J1 Summer Tax Back draws on the expertise and experience of the international J1 Summer Tax Back tax team. In line with the IRS code and Federal law in the US, you consent to our sharing and storing your data, including your Social Security Number (“SSN”), employment, and tax data, with our international tax team to ensure your tax return is compliant.
Federal law requires this consent form be provided to you. Unless authorized by law, we cannot disclose, without your consent, your tax return information to third parties (our international colleagues will qualify as third parties as they are employed by J1 Summer Tax Back international offices, not by J1 Summer Tax Back, Inc. directly) for purposes other than the preparation and filing of your tax return and, in certain limited circumstances, for purposes involving tax return preparation. If you consent to the disclosure of your tax return information, Federal law may not protect your tax return information from further use or distribution.
You are not required to grant this consent. However, because our ability to disclose your tax return information to another tax return preparer affects the service that we provide to you and its cost, we must decline to provide you with service or change the terms of service that we provide to you if you refuse to grant this consent. If you agree to the disclosure of your tax return information, your consent is valid for one year.
This consent to disclose may result in your tax return information being disclosed to a tax return preparer located outside the United States, including your personally identifiable information such as your SSN. Both the tax return preparer in the United States that will disclose your SSN and the tax return preparer located outside the United States which will receive your SSN maintain an adequate data protection safeguard (as required by the regulations under 26 U.S.C. Section 7216) to protect privacy and prevent unauthorized access of tax return information.
If you consent to the disclosure of your tax return information, Federal agencies may not be able to enforce US laws that protect the privacy of your tax return information against a tax return preparer located outside of the US to which the information is disclosed.
Please note that some of the J1 Summer Tax Back staff and J1 Summer Tax Back affiliates may be located outside the United States.
If you wish to discuss any of the points raised in this disclosure agreement, please email us at: firstname.lastname@example.org.