User Agreement

This Agreement ("Agreement") is a legally binding contract made by and between ThinkTrade Inc. ("Tax Excise", "Tax 2290", "Extension Tax", "Tax IFTA", "We", "we", "Us", or "us") and you ("You", "you", "Your", or "your"), which governs your use of ThinkTrade Inc’s web site products (the "Web Site"), tax preparation software (the "Software"), and the services that we offer on our Web Site (the "Services").

BY CLICKING THE "I AGREE" BUTTON (See Below) OR ACCESSING OR USING ANY PART OF THE WEB SITE, THE SOFTWARE, OR THE SERVICES YOU AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT AND FURTHER THAT YOU HAVE TAKEN ALL ACTIONS REQUIRED OF YOU PRIOR TO USING THE WEB SITE, THE SOFTWARE. IF YOU DO NOT AGREE TO BE SO BOUND, OR YOU HAVE NOT TAKEN SUCH ACTION, YOU DO NOT ACCESS OR USE ANY PART OF THIS WEB SITE, OR THE SOFTWARE, OR THE SERVICES.

ALL USE OF THINKTRADE INC’S WORLD WIDE WEB PAGES IS SUBJECT TO THE TERMS AND CONDITIONS SET FORTH BELOW, PROVIDED HOWEVER THAT OTHER TERMS OF USE APPLY WITH RESPECT TO THINKTRADE INC AFFILIATES’ WEBSITES, AS SPECIFIED ON EACH SUCH WEBSITE. ANY USE OF SUCH WEB PAGES CONSTITUTES THE USER'S AGREEMENT TO ABIDE BY THE FOLLOWING TERMS AND CONDITIONS.

INTERNET TECHNOLOGY, TAX LAWS, AND THE RULES AND REGULATIONS OF TAXING AUTHORITIES CHANGE FREQUENTLY. ACCORDINGLY, THINKTRADE INC RESERVES THE RIGHT TO MAKE CHANGES TO THIS AGREEMENT. YOU MAY OBTAIN A COPY OF THIS AGREEMENT THROUGH OUR PRODUCT WEBSITES, OR THINKTRADE INC WEBSITE.


1. REGISTRATION, ACCOUNTS, AND PAYMENT

  1. To use the Software and the Services, you must create an account through the online registration process on the Web Site. In creating an account, you must provide us with accurate and complete registration information. You must promptly notify us if any of this information changes. If you fail to provide or update this information in the websites, you may fail to get updates about the Web Site, the Software or the Services without notice.
  2. When you register to use the Software and the Services, you must choose a user name or email ID and password. Your user name and password are unique to you. You are responsible for maintaining the confidentiality of your user name and password, and for any use of your user name and password (including the use by an unauthorized third party). You must notify us, within twenty-four (24) hours, if you believe your password or account has been or may have been obtained or used by any unauthorized person or entity. Under no circumstances should you respond to a request for your password, particularly a request from an individual claiming to be an employee of ThinkTrade Inc. ThinkTrade Inc employees will never ask for your password.
  3. You must pay for your use of the Software and the Services in accordance with the instructions provided on the Web Site. All payments you make in ThinkTrade Inc’s websites are non-refundable; a detailed refund policy has been added to the websites accordingly. Applicable refunds are processed only when it is in line with the refund policy and ThinkTrade Inc reserves the right to make changes to the refund policies without notice.

2. USE OF THE SOFTWARE AND THE SERVICES

  1. Subject to your agreement to and compliance with all of the terms and conditions of the Agreement, ThinkTrade Inc herby grants you a nonexclusive right and license to use the website and Software solely to gain access to and use the Services. You may only so use the Software and the Services to prepare Federal and State tax returns and to electronically file and/or print such tax returns.
  2. You are permitted to prepare tax returns for others so long as you register with us as a Tax Preparer with a valid PTIN (Preparer tax identification number) assigned by the IRS and/or book keeper with a valid credentials after registering with our website. Under IRS regulations, however, you are permitted to file returns from your account during a tax year. You must obtain the consent of any third parties for whom you prepare tax returns using the Software and the Services for the use and disclosure of their personal information, as provided for in the Privacy Policy, as a precondition to using this Service to prepare third-party returns.
  3. ThinkTrade Inc reserves all rights not granted in this Agreement. Without limitation, you may not: (i) transfer, rent, lend, lease or otherwise make the Software available to a third party; (ii) create derivative works from the Software or other ThinkTrade Inc materials; (iii) reverse engineer, decompile or disassemble the Software or otherwise attempt to obtain its source code; (iv) remove or alter any copyright, trademark or other proprietary notice contained in the Software; (v) copy the Software; or (vi) use the Software or the Services to prepare tax returns, schedules, or worksheets on a professional basis (i.e., for a fee) without registering and paying the payment to use the service.
  4. If you wish to use the Software or the Services to provide professional services, you must register and pay the fee associated to use the Software or the Services.
  5. We are committed to making your total experience a positive one. Upon entering your information, we will transmit your tax return information to the Internal Revenue Service (IRS); a process known as "e-file". We do not, however, guarantee that the IRS will accept your return. Although we take certain steps to insure the accuracy of your return, it may be rejected for a variety of reasons, some of which are beyond our control. With this service you are filing "self-prepared" taxes. We do not offer tax advice and make no guarantees or representations regarding the quality or accuracy of the data you enter.

3. CUSTOMER SUPPORT / NO TAX ADVICE

ThinkTrade Inc makes available customer support personnel who can provide technical support to assist you in your use of the Software and the Services. You acknowledge and agree that these support personnel are not tax preparers or accountants, and do not provide professional services or advice. You are solely and exclusively responsible for your use of the Software and the Services and any errors that you make in preparing your return (i.e., typographical errors, incorrect statements of fact, and the like). If you need professional advice, you must consult with an accountant, attorney, or other tax professional. However you may talk to the authorized IRS consultants of your intent.


4. PRIVACY, DATA SECURITY, AND STORAGE

  1. Our top priority is the privacy of our customers like you because we recognize that our business succeeds based on the trust you and millions of others put in us. To prove your trust is well placed, we comply with all applicable privacy laws which are designed to protect you. We also expend substantial resources every year protecting the privacy of our customers in order to meet our goal of exceeding all applicable privacy laws.
    ThinkTrade Inc makes no guarantees or warranties as to the accuracy or completeness of or results to be obtained from accessing and using the Content. Neither ThinkTrade nor its affiliates shall be liable to any user or anyone else for any inaccuracy, error or omission, regardless of cause, in the ThinkTrade Content or for any damages resulting from its use.
    Users may through hypertext or other computer "links" gain access to other sites on the Internet which are not part of ThinkTrade Inc’s Web pages or those of ThinkTrade Inc affiliates. ThinkTrade Inc assumes no responsibility for any material which may be accessed through any such "link."
    By entering into this Agreement, you agree to ThinkTrade Inc collection, use, and disclosure of your personal information in accordance with the Privacy Policy, which is located at http://www.thinktradeinc.com/privacypolicy.html and incorporated into this Agreement by this reference.
    In addition to our actions, you are responsible for maintaining the confidentiality of your user name and password, and for any use of your user name and password (including the use by an unauthorized third party).
    You must notify us, within twenty-four (24) hours, if you believe your password or account has been or may have been obtained or used by any unauthorized person or entity.
    Additionally, you should never respond to a request for your password, particularly a request from an individual claiming to be an employee of ThinkTrade Inc. Our employees will never ask you for your password. You must notify ThinkTrade Inc if you receive such a request within twenty-four (24) hours from the request.
    By acting promptly, you help ensure that we are able to continue our efforts in placing the privacy of our customers as our number one priority.
    We are committed to making your total experience a positive one. Upon entering your information, we will transmit your tax return information to the Internal Revenue Service (IRS); a process known as "e-file". We do not, however, guarantee that the IRS will accept your return. Although we take certain steps to insure the accuracy of your return, it may be rejected for a variety of reasons, some of which are beyond our control. With this service you are filing "self-prepared" taxes. We do not offer tax advice and make no guarantees or representations regarding the quality or accuracy of the data you enter.
    While we strongly desire to work with you as a team in protecting your privacy, and while we have taken reasonable measures to protect the security of your unique tax identification data, the internet does carry certain risks and, therefore, it is important that you know that ThinkTrade Inc (i) does not guarantee the security of information collected during your use of the Software and the Services, (ii) shall not be liable in any way for a compromise of your data, (iii) has no obligation to store or maintain any information you provide to ThinkTrade Inc, and (iv) nothing in this Section 4 shall be interpreted as creating a contractual or other duty for ThinkTrade Inc which is not otherwise in existence absent this Section 4.
    In furthering the protection of your privacy, you agree to print or save a copy for your records of any tax return you prepare using the Software or the Services.
  2. Ahould you need to change your name or contact information, such as your address, e-mail, and phone number, please directly access your user account and modify accordingly or contact our Customer Service

5. FILING OF TAX RETURNS

If you file your tax return electronically, it will be automatically converted to and stored in a standardized format and then transmitted to the applicable taxing authority. ThinkTrade Inc cannot guarantee that the taxing authority will accept your tax return. You are solely and exclusively responsible for filing your tax return in sufficient time to meet any filing deadlines (and obtaining any necessary proof or extensions) and for verifying the status of your return to confirm that it has been received and accepted by the applicable taxing authority. You may need to file your return by mail if the applicable taxing authority does not accept it electronically. You must review your tax return for errors prior to filing your return.


6. IMPORT OF TAX INFORMATION

The Software and the Services may include a feature that allows you to import tax information from your previous year tax return. If you choose to import tax data, you are responsible for verifying the accuracy of the information that is imported. ThinkTrade Inc is not responsible for the accuracy of the imported information.


7. AVAILABLITY

ThinkTrade Inc expects to make the Software and the Services available for the preparation of tax returns during the time period electronic returns will be accepted by the IRS. However, ThinkTrade Inc has the right at any time, for any reason, and without notice to you to modify or discontinue any aspect or feature of the Web Site, the Software, or the Services, including without limitation, its content, functionality, the hours of availability for customer support, hardware and software needed to access and use the Software and the Services, and pricing. ThinkTrade Inc shall not be responsible for the inability to file or the late filing of any tax return due to the modification or discontinuance of the Web Site, the Software, or the Services.


8. THIRD-PARTY SERVICES

ThinkTrade Inc may provide access to certain services provided by third parties ("Third-Party Services") through the Web Site. The Third-Party Services are governed by the terms and conditions, and policies instituted by the Third-Party Service provider. You are responsible for reviewing, understanding, and abiding by the terms and conditions and policies governing any Third-Party Services. On ThinkTrade Inc is not responsible for and shall have no liability arising from, relating to, involving, or in connection with the Third-Party Services.


9. EXCLUSION OF DAMAGES

THINKTRADE INC WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, INVOLVING, RELATING TO, OR CONNECTED WITH THE USE OF THE WEB SITE, THE SOFTWARE, OR THE SERVICES, BASED ON ANY CAUSE OF ACTION, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.


10. FORCE MAJEURE

ThinkTrade Inc will not be liable for failing to perform under this Agreement by the occurrence of any event beyond it reasonable control, including, without limitation, a labor disturbance, an internet outage or interruption of service, a communications outage, failure by a service provider to ThinkTrade Inc to perform, acts of a federal or state taxing authority, fire, terrorism, natural disaster, or war.

11. CONSENT TO CONDUCT

  1. You agree that: (i) you permit us to send communications to you by e-mail, mail, and phone, (ii) you permit us to make communications available to you through the Web Site, the Software, or the Services, (iii) you shall be responsible for your due diligence in monitoring the communication forms outlined in (i) and (ii) and that ThinkTrade Inc has no such duty to ensure that you are monitoring the communication forms outlined in (i) and (ii), (iv) you freely choose to engage in the use of the Web Site, the Software, and the Services, and freely consent to doing business with us through the same, (v) you shall ensure you have the proper software and hardware to meet the necessary requirements of the Web Site, the Software, and the Services, and (vi) you may withdraw your consent outlined in this section at any time by immediately contacting ThinkTrade Inc Customer Service along with immediately ceasing all use of the Web Site, the Software, and the Services.

12. INTELLECTUAL PROPERTY RIGHTS

Other than the limited license granted to you under this Agreement, ThinkTrade Inc. reserves all copyright, trade secret, trade name, trademarks, and all other rights in the Web Site, the Software, and the Services. You may not infringe or violate such rights. Additionally, no material from the Web Site, the Software, or the Services may be copied, reproduced, republished, uploaded, posted, transmitted, resold, or distributed in any way without ThinkTrade Inc’s prior written permission. Modification or use of the Web Site, the Software, or the Services for any purpose other than those permitted in this Agreement is a violation of ThinkTrade Inc’s copyright, trade secret, trade name, trademark, and other proprietary rights.

13. REPRESENTATIONS AND WARRANTIES

  1. Each party represents and warrants to the other party that: (i) it has the full power and authority to enter into and perform its obligations under this Agreement, (ii) the assent to and performance by it of its obligations under this Agreement do not constitute a breach of or conflict with any other agreement or arrangement by which it is bound, or any applicable laws, regulations or rules, and (iii) this Agreement memorializes legal, valid, and binding obligations of the parties executing or assenting to this Agreement, enforceable in accordance with their terms and conditions.
  2. You represent and warrant to ThinkTrade Inc that you will comply with all applicable laws, rules, and regulations in your use of the Software, the Services, and the Web Site.
  3. You represent and warrant to ThinkTrade Inc that the Web Site, the Software, and the Services may be subject to the U.S. Export Administration Regulations and that you will fully comply with those regulations.

14. INDEMNIFICATION

You agree to defend and hold ThinkTrade Inc and its employees, representative, agents, attorneys, affiliates, officers, managers, and shareholders (the "Indemnified Parties") harmless from any damage, loss, cost, judgment, settlement, or expense (including without limitation, attorneys' fees and costs) incurred in connection with any third-party claim, demand or action ("Claim") brought or asserted against any of the Indemnified Parties alleging facts or circumstances that would constitute a breach of any provision of this Agreement by you or otherwise related to, arose from, involving, or would not have existed but for, this Agreement between ThinkTrade Inc and you.. If you are obligated to provide indemnification pursuant to this provision, ThinkTrade Inc may, in its sole and absolute discretion, control the disposition of any Claim at your sole cost and expense. Without limitation of the foregoing, you may not settle compromise or in any other manner dispose of any Claim without the consent of ThinkTrade Inc.


15. WAIVER OF CLASS ACTION RIGHTS

By entering into this Agreement, you hereby irrevocably waive any right you may have to join claims with those of others in the form of a class action or similar procedural device. Any claims arising out of, involving, or relating to this Agreement must be asserted individually.


16. TERMINATION

  1. ThinkTrade Inc reserves the right to immediately terminate your account or your access to the Web Site, the Software, or the Services, without notice, if it reasonably believes that:
    (i) you have breached this Agreement or
    (ii) in our sole discretion, we determine that you have interfered with the operation or use of the Web Site, the Software or the Services.
  2. You may terminate your account for any reason at any time by contacting ThinkTrade Inc Customer Service and informing us of such termination.
  3. If your account is terminated, ThinkTrade Inc may delete any content or materials related to your use of the Software or the Services on our servers or otherwise in its possession and ThinkTrade Inc will have no liability to you or any third party for doing so. Following termination, your license to use the Web Site, the Software, and the Services automatically terminates. If your account or your access to the Web Site is terminated, ThinkTrade Inc reserves the right to exercise whatever means it deems necessary to prevent unauthorized access to the Web Site, the Software, or the Services, including, but not limited to, technological barriers, IP mapping, and direct contact with your Internet Service Provider (ISP).
  4. This Agreement will survive indefinitely unless and until ThinkTrade Inc chooses to terminate it, regardless of whether any account you open is terminated by you or ThinkTrade Inc or if you have the right to access the Web Site, the Software, or the Services.

17. CHOICE OF LAW, CHOICE OF JURISDICTION AND VENUE, AND DISPUTE RESOLUTION

  1. This Agreement will be governed by and construed in accordance with the laws of the State of Tennessee and proper Jurisdiction and Venue for all disputes arising out of this Agreement shall be only the Williamson County, Tennessee and shall not be proper for Jurisdiction and Venue in any other Jurisdiction and Venue except in the following specific situations:
    1. All disputes arising out of, involving, or relating to this Agreement (including its formation, performance or alleged breach) or you use of the Web Site, the Software, or the Services shall be exclusively resolved under binding arbitration held in Williamson County, Tennessee before and in accordance with the Rules of the American Arbitration Association. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration under this Section without the prior written consent of both parties. The arbitrator's award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement will be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
    2. Notwithstanding the foregoing, ThinkTrade Inc shall have the right to seek injunctive or other equitable relief in any applicable state or federal or international court in order to enforce this Agreement or prevent a violation of applicable law, rules, or regulations or an infringement of a third party's rights. In the event equitable relief is sought, each party hereby irrevocably submits to the personal jurisdiction of such court.
  2. In all disputes brought involving, relating to, or arising from this Agreement or the entering of this Agreement or representations that were made regarding the subject matter of this Agreement prior to the entering of this Agreement, including, but not limited to, all disputes in law or equity, brought in any forum, governmental or private (including, but not limited to, arbitration and mediation), you agree to pay ThinkTrade Inc for ThinkTrade Inc’s reasonable attorney fees, court costs, and third party costs (such as costs to pay an arbitrator or a mediator) regardless of outcome unless such a result would be deemed wholly unconscionable as applied to the specific and particular dispute. This subsection B is meant to include all disputes involving, relating to, or arising from this Agreement, including, but not limited to, disputes involving, relating to, or arising from Section 16, as well as any other section, as well as disputes involving, relating to, or arising from the entering of this Agreement.
  3. You hereby forever waive your right to collect your attorney fees, court costs, and third party fees, if any, from ThinkTrade Inc regardless of the forum, nature, or outcome of the dispute provided that the dispute involves or arises from this Agreement or the entering of this Agreement or representations that were allegedly made regarding the subject matter of this Agreement prior to the entering of this Agreement.

18. GENERAL

  1. This Agreement will be binding upon and inure to the benefit of the Parties and their respective heirs, representatives, successors and assigns, whether a signatory hereto or not.
  2. This Agreement will not be assignable or transferable by you without the prior written consent of ThinkTrade Inc.
  3. This Agreement is a complete statement of the Agreement between ThinkTrade Inc and you, and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. No amendments to this Agreement will be effective unless such amendment is in writing and signed by all parties.
  4. No failure or delay by a party in exercising any right, power, or privilege under this Agreement will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under this Agreement.
  5. You and ThinkTrade Inc are completely independent, and no agency, partnership, fiduciary, joint venture, employee-employer relationship, nor any similar relationship is intended or created by this Agreement.
  6. Whenever possible, each provision of this Agreement will be interpreted to be effective and valid under applicable law. If any provision of this Agreement is held to be prohibited by or invalid under applicable law, the provision will be ineffective only to the extent of the prohibition or invalidity, without invalidating the remainder of the provision or the remaining provisions of this Agreement.

19. COMMENTS AND QUESTIONS

You may contact ThinkTrade Inc by mail at 725 Cool Springs Blvd, Suite 600, Franklin, Tennessee 37067. You may also contact ThinkTrade Inc through the Web Site, www.thinktradeinc.com. On the Web Site you may find our Customer Service section which is staffed to provide customer service for valued customers like you.