Tax Forms Helper Web Application License Agreement

Please Read the Following License Terms of Use Before Using This Web Site.

I have read and understood the following:

The use of the Tax Forms Helper® Web Application is governed by the following legal agreement. The purpose of the agreement is to ensure that all users are treated equitably, and we are not disadvantaged in any way by providing the software. All use of this Web Application is conditional upon your compliance with the license terms which follow. If you do not agree to the terms of this license agreement, or do not comply with the terms and conditions of this agreement, you are not permitted to use this Web Application. The use of the Tax Forms Helper® Web Application constitutes your agreement to abide by the terms and conditions set out in this document.

TERMS AND CONDITIONS AND LICENSE AGREEMENT BETWEEN SMARTLEGALFORMS, INC., a Wyoming corporation (Hereinafter LICENSOR) and you, the Licensee.

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Maryland USA, as they apply to agreements made and solely performed therein. Disputes arising hereunder shall be exclusively subject to the jurisdiction of the state courts of Maryland.

This Web site exists only in the State of Maryland, and the Web site only performs services within the State of Maryland. You agree that your viewing and use of this Site occurs solely within the State of Maryland, regardless of where your browser is physically located, and that all content and services are located in, served from, and performed wholly within the State of Maryland.

DEFINED TERMS

In this License Agreement the Terms are defined as follows:

"Disclaimer" means the disclaimer of liability contained in these terms.

"Documents" means any tax document assembled, filed, or downloaded from a Web site (as detailed in these terms).

"LICENSOR" means SmartLegalForms, Inc.

"Personal Data" means data that identifies you.

"Service" means the document assembly service based on the Rapidocs system and other document assembly technologies that is made available at the Web Site for the use of registered users.

"Terms" or "License" means this License Agreement.

"Web Application" means the web-enabled SmartBusinessEfile program available at https://smartbusinessfile.com.

"You" or "Licensee" means an individual person or business entity who has subscribed to this Service.

"Web site" means the Web site at https://smartbusinessfile.com operated by SmartLegalForms, Inc.

AGREEMENT

This is a binding legal agreement between yourself and the LICENSOR. Your use of this Web site and/or your acceptance without modification of the terms, conditions, and disclaimers contained in these Terms constitutes your agreement to all such terms, conditions, and disclaimers. If you do not agree with these terms, then you are not authorized to use this Web site.

TAX DOCUMENT WEB APPLICATION SERVICE

Limitations on the Service

The LICENSOR will use reasonable efforts to update the Documents. The Documents are not suitable to provide expert tax advice.

Documents are stored on our servers until the end of the filing season for the subsequent tax year.

Title and Ownership; Terms of License

THE TAX FORMS HELPER® WEB APPLICATION, HEREIN CALLED THE WEB APPLICATION, IS OWNED BY LICENSOR COLLECTIVELY AND IS PROTECTED BY UNITED STATES COPYRIGHT LAWS. UPON YOUR AGREEMENT TO AND COMPLIANCE WITH THE TERMS OF THIS LICENSE AGREEMENT, LICENSOR GRANTS YOU, HEREIN CALLED THE LICENSEE, THE FOLLOWING NON-TRANSFERRABLE, NON-EXCLUSIVE RIGHTS OF USE. LICENSOR HAS THE RIGHT TO TERMINATE THIS AGREEMENT IF THE LICENSEE FAILS TO COMPLY WITH ANY TERM OR CONDITION OF THIS AGREEMENT. NO TITLE TO THE INTELLECTUAL PROPERTY IN THE WEB APPLICATION IS TRANSFERRED TO YOU. THE LICENSEE DOES NOT ACQUIRE ANY RIGHTS TO THE WEB APPLICATION EXCEPT AS EXPRESSLY SET FORTH IN THIS LICENSE.

THE LICENSEE MAY NOT DISTRIBUTE SUBLICENSE, LEASE, SELL, RENT OR OTHERWISE TRANSFER THE WEB APPLICATION, OR ANY MODIFICATION OR DERIVATIVE THEREOF, TO ANY OTHER INDIVIDUAL OR GROUP FOR ANY REASON.

GRANT OF LICENSE REGARDING THE WEB APPLICATION PROGRAM

LICENSOR GRANT THE LICENSEE THE FOLLOWING RIGHTS REGARDING THE USE OF THE WEB APPLICATION:

USE OF THE WEB APPLICATION FOR THE LICENSEE'S PERSONAL OR BUSINESS PURPOSES.

RESTRICTIONS REGARDING THE WEB APPLICATION PROGRAM

THE LICENSEE MAY NOT DISTRIBUTE SUBLICENSE, LEASE, SELL, RENT OR OTHERWISE TRANSFER THE WEB APPLICATION, OR ANY MODIFICATION OR DERIVATIVE THEREOF, TO ANY OTHER INDIVIDUAL OR GROUP FOR ANY REASON.

LIMITATIONS OF LIABILITY AND DISCLAIMER OF WARRANTY

THERE ARE NO WARRANTY RIGHTS GRANTED TO YOU, THE LICENSEE, REGARDING THE WEB APPLICATION. THE WEB APPLICATION AND ACCOMPANYING SUPPORT MATERIALS ARE SUPPLIED TO THE LICENSEE "AS IS" WITHOUT WARRANTY OF ANY KIND. LICENSOR DO NOT GUARANTEE, WARRANT, OR MAKE ANY REPRESENTATIONS, EITHER EXPRESSED OR IMPLIED, REGARDING THE USE, OR THE RESULTS OF THE USE OF THE WEB APPLICATION OR THE GENERIC WRITTEN MATERIALS WITH REGARDS TO RELIABILITY, CURRENTNESS, ACCURACY, CORRECTNESS, OR OTHERWISE. THE LICENSEE ASSUMES THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE WEB APPLICATION.

LICENSOR SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES, FOR ANY DAMAGES WHATSOEVER, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE WEB APPLICATION, EVEN IF ONE OR MORE OF THE LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

In no event will the LICENSOR, be liable for any lost profits, loss of business, interest, penalties or any indirect, incidental, special or consequential damages arising out of or in any way connected with the use of the Web Application, this Web site or the telephone support service whether based in contract, tort, strict liability or otherwise. The liability of any of the LICENSOR, for direct loss arising out of the use of the Documents, this Web site, and the telephone support service whether based in contract, tort, strict liability or otherwise is limited to the total amount paid, if any, by you to the LICENSOR.

THE LICENSOR WILL NOT HAVE ANY RESPONSIBILITY AT ALL FOR ANY ALTERATIONS THAT MAY BE MADE TO ANY DOCUMENT AFTER YOU HAVE ASSEMBLED, DOWNLOADED OR ACCESSED IT. PLEASE NOTE ALSO THAT ANY RESPONSIBILITY THAT THE LICENSOR MAY HAVE TO YOU WILL NOT EXTEND TO ANY OF THE FOLLOWING: LOSS OR DAMAGE WHICH WE CANNOT REASONABLY FORESEE MAY HAPPEN; OR, LOSS OR DAMAGE WHICH CONSISTS OF OR INCLUDES ANY WASTED EXPENDITURE, INTEREST, PENALTIES, INDIRECT LOSS, LOSS OF PROFITS OR ANTICIPATED PROFITS OR GAINS OF ANY DESCRIPTION OR LOSS OF BUSINESS.

IF A COURT OR ANY OTHER BODY HAVING THE POWER TO RULE ON DISPUTES DECIDES THAT ANY PART OF THIS DISCLAIMER IS NOT REASONABLE OR CANNOT BE ENFORCED FOR ANY REASON, THIS WILL NOT AFFECT THE VALIDITY OF THE OTHER PARTS OF THIS AGREEMENT WHICH WILL CONTINUE TO BE IN FULL FORCE AND EFFECT.

Re-use of the documents

We recommend that you check the Web site regularly to ensure that the Documents are the latest versions before reuse. If they are not and the LICENSOR has replaced them with revised versions, you are recommended to upgrade to the latest version.

Copyright and trademark notices

The 'SmartLegalForms' logo, and the 'RAPIDOCS' logo are used under license from ESP and SmartLegalForms, Inc. Other company names mentioned on the Web site may be the trademarks of their respective owners.

All contents of the Web Site are Copyright © 2016 Smart Legal Forms, Inc. The Rapidocs assembly code and content is © SmartLegalForms, Inc., as copyright holder (2015). No part of the site may be reproduced in any form whether electronically or otherwise without the prior consent of LICENSOR, other than temporarily in the course of using the Service or to keep a record of a transaction entered into using the Service.

Any rights not expressly granted herein are reserved.

Legal identity

This web service is operated by SmartLegalForms, Inc. If you obtain services from a third party then your contractual relationship is with that third party and not with SmartLegalForms, Inc.

Prohibited use

As a condition of your use of this Web site, you warrant to us that you will not use this Web site for any purpose that is unlawful or prohibited by these terms, conditions, and notices.

Hyperlinks

This Web site contains hyperlinks to Web sites operated by third parties. Such hyperlinks are provided for your reference only. We do not control such Web sites and we cannot be responsible for their contents. Our inclusion of hyperlinks to such Web sites does not imply any endorsement of the material on such Web sites.

Modifications

We reserve the right to change any terms, conditions, and disclaimers under which this Web site or any service offered through it are offered. This right will not affect the existing terms and conditions accepted by you upon making a legitimate purchase using this Web site.

Statutory rights

These Terms will not affect your statutory rights as a consumer.

Non transferability

Your right to use the Web site and the Documents is not transferable without the specific written consent of the LICENSOR.

Access codes and passwords; no hacking

When you sign up as a member of the Service to use the Web Application, you may be provided a password or other access code to assemble Documents or otherwise make use of portions of the site that are not generally available to the public. You agree that these passwords and access rights are owned by the LICENSOR and that you will not disclose these passwords or access codes to anyone or by any means, and that you will maintain such access codes and passwords securely so that no other person may gain access to such codes.

Representation of true intent

You represent that you are using the Web site, the web Application, and the Documents under your own name, and not under a pseudonym, fictitious name or under an alias or similar false name, and that all information you have provided about yourself to the LICENSOR is true and accurate and not falsified.

Disclosure of information; Security

Unless provided otherwise in the Licensor's privacy policy, LICENSOR will not provide any personally identifying information to any third party without your consent (which consent may be obtained electronically via e-mail or form fill in on the Web site); provided however that you are advised that in the event one or more of the LICENSOR determines in its reasonable discretion that disclosure of personal identifying information is necessary to comply with any law, rule order, subpoena, civil investigative request or demand, discovery request or any other legal requirement, LICENSOR may disclose your personally identifying information to comply with such request, and it may be disclosed without prior notice to you. LICENSOR agree to take reasonable efforts to protect your personally identifying information in the event of such disclosure, provided however, that you agree that LICENSOR shall not be liable to you for any claim by you that LICENSOR failed to exercise reasonable care in protecting your personally identifying information. You also acknowledge that, despite efforts of LICENSOR to maintain your information secure, the internet is inhabited by many criminal and otherwise malicious persons who may attempt to crack into LICENSOR' computer systems, and that despite LICENSOR' efforts, such persons may be able to obtain copies of your personally identifying information. You agree that the LICENSOR are not responsible to you for any inadvertent disclosure or unauthorized access by any third party of your personally identifying information.

General

These Terms are governed by the laws of the State of Maryland. You hereby consent to the non-exclusive jurisdiction of the courts of the State of Maryland in all disputes arising out of or relating to the use of this Web site. Use of this Web site and Web Application is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation this clause.

If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms will continue in effect. These Terms constitute the entire agreement between us with respect to this Web site and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written. A printed version of these terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Disclaimer
USE OF SITE

You may use the Service, the Site, and the information, software, writings, images and/or other works that you see, hear or otherwise experience on the Site (singly or collectively, the "Materials") to learn about or use LSC Communications products and services. No right, title or interest in any Materials is transferred to you, whether as a result of downloading such Materials or otherwise. LSC Communications reserves complete title and full intellectual property rights in all Materials. Except as expressly authorized by this Agreement, or separate agreements for services that you may enter into with LSC Communications, you may not use, alter, copy, distribute, transmit, or derive another work from any Materials obtained from the Site or the Service, except as expressly permitted by the Terms of Use.

DISCLAIMER OF WARRANTIES

ALL MATERIALS POSTED ON THIS SITE ARE "AS IS" AND "AS AVAILABLE" AND WITHOUT WARRANTIES EXPRESS OR IMPLIED. LSC COMMUNICATIONS DISCLAIMS ALL WARRANTIES INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LSC COMMUNICATIONS DOES NOT WARRANT THAT FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. LSC COMMUNICATIONS DOES NOT WARRANT OR REPRESENT THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU AGREE THAT LSC COMMUNICATIONS AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR INDIRECT DAMAGE (INCLUDING LOST PROFITS) RELATED TO THE SITE OR ITS MATERIALS INCLUDING BUT NOT LIMITED TO DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY OR LOSS OF THE USE OF THE SITE EVEN IF LSC COMMUNICATIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU FURTHER AGREE THAT LSC COMMUNICATIONS AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY LOSSES RESULTING FROM A CAUSE OVER WHICH LSC COMMUNICATIONS OR ITS AFFILIATES DOES NOT HAVE DIRECT CONTROL, INCLUDING BUT NOT LIMITED TO THE FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (E.G. IF YOU ARE UNABLE TO ACCESS THE LSC COMMUNICATIONS SITE THROUGH YOUR ON-LINE SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, SEVERE WEATHER, EARTHQUAKES, FLOODS AND STRIKES OR OTHER LABOR PROBLEMS. LSC Communications offers you various ways of ordering products, including telephone and on-line services, and, should a user experience any problems in reaching LSC Communications through any particular method, the user may use alternate methods to communicate with LSC Communications. Although LSC Communications will endeavor to keep its users informed about changes, you understand that LSC Communications may modify or replace this Site or information on it at any time. Any legal action with respect to any transaction must be commenced within one year after the cause of action has arisen.

ACCESS and USE of INFORMATION

Access and Use of Information Access to this Site is limited to viewing the linked web pages solely for legitimate business purposes to access the information provided by LSC Communications at this Site. Any access or attempt to access other areas of the LSC Communications computer system or other information contained on the system for any purposes is strictly prohibited. You may not use any information contained on this Site other than in connection with the procurement of products and services provided by LSC Communications. Any intentional damage or intentional interruption of LSC Communications computer system as well as computer resources and/or system service, carrying on of personal business or illegal activities will be cause for termination of this Agreement. You agree to hold LSC Communications harmless for damages and losses incurred as a result of misuse of this Site by you.

GENERAL PROVISIONS

Entire Agreement/No Waiver. These Terms of Use constitute the entire Agreement of the parties with respect to the subject matter hereof. No waiver by LSC Communications of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

Updates, Correction of Errors, and Inaccuracies. The Site or Materials may contain typographical errors or other errors or inaccuracies and may not be complete or current. LSC Communications therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update this Site or Materials at any time without prior notice. LSC Communications does not, however, guarantee that any errors, inaccuracies or omissions will be updated or corrected.

Governing Law Use of this Site is unauthorized in any jurisdiction that does not give full effect to all provisions of this Agreement, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. LSC Communications has endeavored to comply with all legal requirements known to it in creating and maintaining this Site. Use of this Site is unauthorized in any jurisdiction where all or any portion of this Site may violate any legal requirements and you agree not to access this Site in any such jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of this Agreement is at your own risk and, if any part of this Agreement is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall govern such use. If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of this Agreement, all of which will remain in full force and effect. Any and all disputes relating to this Agreement, LSC Communications' Privacy Policy, your use of the Site or the Materials are governed by, and will be interpreted in accordance with, the laws of the State of Illinois, without regard to any conflict of laws provisions and you hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations sitting in DuPage or Cook Counties, Illinois, USA in all such disputes. The provisions of the Uniform Commercial Code as adopted by the State of Illinois, and not the United Nations Convention on Contracts for the International Sale of Goods, shall apply.