License Agreement for FileLater Software and Services
Thank you for selecting FileLater services. This license agreement (this "Agreement") gives you certain rights and imposes on you certain responsibilities as more fully described below. By clicking "ACCEPT", you indicate that you have read, fully understood and agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, you are not granted any rights whatsoever in the FileLater software (the “Software”), and you will not be able to access or use the Software or any services provided by FileLater (the “Services”).
1. License Grant and Restrictions. Banks.com, Inc. d/b/a FileLater ("FileLater", "us", "we", "our") grants you, as the person using the Software ("you", "your" or "user"), the following rights provided that you comply with all of the terms and conditions of this Agreement. You may use the Software solely to prepare an application for an extension of time to file your United States federal tax return on either IRS Form 4868 or IRS Form 7004 and, as part of your proper registration and payment, file that application electronically with the Internal Revenue Service (“IRS”), including payment to the IRS, via e-file and e-Pay.
You are not licensed or permitted under this Agreement to do any of the following: (i) attempt to access any other FileLater systems, programs or data that are not made available for public use; (ii) copy, reproduce, republish, upload, post, transmit, resell or distribute in any way the material from the Software website; (iii) work around any technical limitations in the Software, use any tool to enable features or functionalities that are otherwise disabled in the Software, or decompile, disassemble, or otherwise reverse engineer the Software except as otherwise permitted by applicable law, (iv) use the Software for any commercial purpose (v) perform or attempt to perform any actions that would interfere with the proper working of the Software or Services, prevent access to or the use of the Software or Services by FileLater’s other licensees or customers, or impose an unreasonable or disproportionately large load on FileLater’s infrastructure; or (vi) otherwise use the Software except as expressly allowed under this Section 1.
You agree to indemnify and defend FileLater against any claims or lawsuits, including attorneys' fees that arise from or result from the use of the Software on a professional or commercial basis.
In addition to the FileLater software, the term "Software" includes any other programs, tools, internet-based services, components and any "updates" (for example, Software maintenance, service information, help content, bug fixes, or maintenance releases etc.) of the Software that FileLater provides or makes available to you.
2. Reservation of Rights and Ownership. The Software is licensed not sold, and FileLater reserves all rights not expressly granted to you in this Agreement. The Software is protected by copyright, trade secret and other intellectual property laws. FileLater owns the title, copyright, and other intellectual property rights in the Software. This Agreement does not grant you any rights to trademarks or service marks of FileLater or any third party. No right, title or interest in or to any trademark, service mark, logo or trade name of FileLater is granted to you under this Agreement. Except for the license to use the Software granted in Section 1, no right, title or interest in or to any copyright or other intellectual property rights of FileLater is granted to you under this Agreement.
3. Electronic Filing Services. If you choose to file your federal tax return extension application electronically, your information will be converted to and stored in a standardized format, and then transmitted to the IRS.
You are responsible for verifying the status of your tax return extension application to confirm that it has been received and accepted by the IRS and, if necessary, for filing it manually in the event that the IRS rejects your electronically filed tax return extension application for any reason. You agree to review your tax return for indications of obvious errors before electronically filing or mailing it. FileLater may, but is not obligated to, store and maintain information that you provide to FileLater. FileLater is not required or obligated to provide you with copies of this information. If you require a copy of your tax return extension application, you must contact the IRS.
The IRS requires FileLater to notify it, in connection with the electronic filing of your tax return extension application, certain personal information, including the Internet Protocol ("IP") address of the computer from which the application originated and whether the email address of the person electronically filing the return has been collected. By using the FileLater Service to prepare and submit your tax return extension application, you consent to the disclosure to the IRS of all information relating to your use of the FileLater Software and Services.
The completion of your tax return extension application may vary due to technical problems with FileLater’s systems, or where you have not provided all the necessary information requested by FileLater or required to submit your tax return extension application. For any of these or other reasons, FileLater may not be able to submit your tax return extension application in a timely manner, or at all.
FileLater reserves the right to refuse to make the Software available to you or to provide the Services to you for any reason in its discretion and, in such instances, will refund any fees for the Services paid by you to FileLater.
Help and Support. FileLater may use a variety of methods (e.g., in-product, Internet, e-mail, chat, fax and phone) to provide technical support and customer service in connection with Software and Services. The terms and conditions governing the offering of this support, which may require the payment of an additional fee, are subject to change as announced by FileLater from time to time. The Software is not accessible after April 23 of each applicable tax year and shall not be supported beyond that date.
Feedback. FileLater may provide you with a mechanism to provide feedback, suggestions and ideas, if you choose, about its online products and services ("Feedback"). You agree that you are free to provide your opinion or suggestion to us. You agree that FileLater may, in its sole discretion, use the Feedback you provide to FileLater in any way, including in future modifications of the Software, multimedia works and/or advertising and promotional materials relating thereto. You hereby grant FileLater a perpetual, worldwide, fully transferable, irrevocable, royalty free license to use, reproduce, modify, create derivative works from, distribute and display the Feedback in any manner for any purpose.
4. Acknowledgement. You acknowledge that the Services provided by FileLater merely involve the filing of an application for an extension of time to file your United States federal tax return on either IRS Form 4868 or IRS Form 7004 based solely on information you provide. FileLater and its personnel and affiliates are not accountants or tax advisors and are not providing any tax advice or guidance.
5. Third Party Services. In connection with the promotion or your use of the Software, you may be made aware of services, products, offers and promotions provided by third parties, and not by FileLater ("Third Party Services"). These Third Party Services may include tax return preparation, refund processing, professional tax review and audit defense, among others. If you decide to use Third Party Services, you are responsible for reviewing and understanding the terms and conditions governing any Third Party Services. To facilitate Third Party Services, FileLater may be required to obtain your explicit consent for disclosure and/or use of the information you have provided to FileLater. By accepting these agreements and consents you authorize FileLater to use and disclose your contact information, including name and address, for the purpose of making the Third Party Services you choose available to you. Your participation in such Third Party Services indicates your acceptance of such terms and conditions for such Third Party Services. You agree that the third party, and not FileLater, is solely responsible for the performance of the Third Party Services.
6. Third Party Websites. The Software and Services may contain or reference links to websites operated by third parties ("Third Party Websites"). These links are provided as a convenience only. Such Third Party Websites are not under the control of FileLater. FileLater is not responsible for the content of any Third Party Website or any link contained in a Third Party Website. FileLater does not review, approve, monitor endorse, warrant, or make any representations with respect to Third Party Websites, and the inclusion of any link in the Software or Services is not and does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by FileLater or its Suppliers (defined below) of any information contained in any Third Party Website. In no event will FileLater or its Suppliers be responsible for the information contained in such Third Party Website or for your use of or inability to use such website. Access to any Third Party Website is at your own risk, and you acknowledge and understand that linked Third Party Websites may contain terms and privacy policies that are different from those of FileLater and its Suppliers. Neither FileLater nor its Suppliers are responsible for such provisions, and expressly disclaim any liability for them.
You are responsible for providing, at your expense, any access to the Internet and any required equipment. Further, FileLater may at any time change or discontinue any aspect, availability or feature of the Software or the Services.
7. Payment & Collection. In the event you owe FileLater any amounts related to your licensing of the Software and/or Services, FileLater reserves the right to seek collection of any amount unpaid.
8. User ID and Password Security. You are the only person authorized to use your user ID and password and for maintaining the confidentiality of your user ID and password. You shall not permit or allow other persons to have access to or use your user ID and password, except if you choose to provide that information to FileLater's authorized technical support personnel to assist you. You are responsible for the use of the Software under your user ID. FileLater will not disclose your password if you lose or forget it. If you have not electronically filed or printed your tax return extension application, you must create a user ID and password in order for you to access your tax return extension application data at a later date.
You should confirm that the pricing for your use of the Software and/or Services has not changed, particularly if some time has passed between the date you start your tax return extension application and the date you finish and are ready to file or print and pay for it.
9. Privacy of Personal Information. Our full Privacy Statement can be found by visiting our Privacy page. To contact us with a question, email us at privacy AT filelater dot com. Or write to us at: Privacy Team - FileLater, c/o Banks.com, Inc., Six Concourse Pkwy; Suite 1500, Atlanta, GA 30328.
From time to time in certain versions the Software, you may be presented with information about Services or other opportunities that may interest you. You agree that each affirmative indication of further interest by you (including, but not limited to, entering your name, clicking on a "continue," "yes," "show me more," or other such button in the Software), supplemented by the provisions of this Agreement and as otherwise required by law, shall constitute your separate written consent for FileLater to use and display your tax return information in the Software to help you better understand that Service or opportunity. Each consent shall be limited to its stated purpose, and shall not apply to FileLater's use or disclosure of tax return information for another purpose.
You are responsible for protecting the information on your computer such as by installing anti-virus software, updating your software, password protecting your files, and not permitting third party physical or electronic access to your computer.
10. Consent to Disclosure. You consent to allow FileLater’s intermediate service provider, transmitter or electronic return originator to send the applicable tax return extension application forms to the IRS and to receive the following information from the IRS: (a) acknowledgment of receipt of the tax return extension application, (b) if rejected, the basis or reason for rejection of the tax return extension application, and (c) if delayed, the cause or reason for delay in processing the application.
11. DISCLAIMER OF WARRANTIES. THE SOFTWARE AND SERVICES ARE PROVIDED "AS-IS" AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FILELATER, ITS AFFILIATES, LICENSORS, PARTICIPATING FINANCIAL INSTITUTIONS, THIRD-PARTY CONTENT OR SERVICE PROVIDERS, RETAILERS, DISTRIBUTORS, DEALERS AND SUPPLIERS (COLLECTIVELY, "SUPPLIERS") DISCLAIM ALL GUARANTEES AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SOFTWARE OR SERVICES, INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, QUALITY, TIMELINESS, AND NON-INFRINGEMENT. FILELATER DOES NOT WARRANT THAT SOFTWARE OR SERVICES ARE SECURE OR FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, OR OTHER PROGRAM LIMITATIONS. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN THAT EVENT, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO 60 DAYS FROM THE DATE OF PURCHASE OF SOFTWARE OR SERVICES, AS APPLICABLE. HOWEVER, SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
All warranties or guarantees given or made by FileLater with respect to Software or the Services (1) are solely for the benefit of you as the registered user of the Software and are not transferable, and (2) shall be null and void if you breach any term or condition of this Agreement.
12. LIMITATION OF LIABILITY AND DAMAGES. YOU UNDERSTAND THAT FILELATER WILL NOT AUDIT OR OTHERWISE VERIFY ANY INFORMATION YOU PROVIDE, AND IS NOT RESPONSIBLE FOR ANY REJECTION OF YOUR TAX RETURN EXTENSION APPLICATION OR ANY RESULTING TAXES, PENALTIES OR INTEREST USING THE SOFTWARE OR THE SERVICES. FURTHER, FILELATER SHALL NOT BE RESPONSIBLE FOR ANY TAXES, PENALTIES AND INTEREST THAT ARE ASSESSED AS THE RESULT OF INCORRECT, INCOMPLETE OR MISLEADING INFORMATION THAT YOU HAVE GIVEN TO FILELATER IN CONNECTION WITH YOUR PREPARATION OF YOUR TAX RETURN EXTENSION APPLICATION.
NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT TO THE CONTRARY, THE ENTIRE CUMULATIVE LIABILITY OF FILELATER AND ITS SUPPLIERS FOR ANY REASON ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR LICENSE OR USE OF THE SOFTWARE OR SERVICES SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE SOFTWARE OR SERVICES, AS APPLICABLE, TO FILELATER.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FILELATER AND ITS SUPPLIERS ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR FOR DAMAGES RELATING TO LOSS OF BUSINESS, TELECOMMUNICATION FAILURES, LOSS, CORRUPTION, SECURITY OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF PROFITS OR INVESTMENT, TAX POSITIONS TAKEN BY YOU, INABILITY TO FILE YOUR TAX RETURN EXTENSION APPLICATION, DELAY IN PREPARING YOUR TAX RETURN EXTENSION APPLICATION, INCORRECT OR INCOMPLETE INFORMATION PROVIDED TO FILELATER, ANY ACCESS TO, OR USE OF, YOUR PASSWORD AND USER ID BY AN UNAUTHORIZED PERSON, OR THE LIKE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY OR OTHERWISE, EVEN IF FILELATER OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL FILELATER BE LIABLE FOR ANY LOSS, COST, LIABLITY OR DAMAGE INCURRED AS A RESULT OF YOUR RECEIPT OF OR PARTICIPATION IN THIRD PARTY SERVICES OR THIRD PARTY WEBSITES. IN NO EVENT DOES FILELATER ASSUME ANY LIABILITY TO ANY PARTY OTHER THAN YOU ARISING OUT OF YOUR USE OR INABILITY TO USE THE SOFTWARE OR SERVICES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN FILELATER AND YOU. FILELATER WOULD NOT BE ABLE TO HAVE PROVIDED THE SOFTWARE OR SERVICES WITHOUT SUCH LIMITATIONS.
13. Consent to Conduct Business Electronically ("Consent")
(a) Consent to Electronic Communications. FileLater may be required by law to send "Communications" to you that may pertain to the Software, the use of information you may submit to FileLater and the Services you choose. Additionally, certain of the Third Party Services you choose, may require Communications with the third parties who administer these programs. You agree that FileLater, on behalf of itself and/or others who administer such Services (as applicable) may send Communications to you by email and/or may make Communications available to you by posting them at one or more of our sponsored websites, such as www.FileLater.com. You consent to receive these Communications electronically.
The term "Communications" means any notice, record, agreement, or other type of information that is made available to you or received from you in connection with the Software, the Services, or your tax return extension application or the payment of any amounts in connection therewith.
(b) Consenting to Do Business Electronically. The decision whether to do business electronically is yours, and you should consider whether you have the required hardware and software capabilities necessary for doing business electronically. Your consent to do business electronically, and our agreement to do so, applies to this Agreement, the Software and any applicable Services. By selecting the "I accept and agree to the terms of the License Agreement" button, you are confirming to us that you have the means to access, and to print or download, Communications. We do not provide ISP services. You must have your own Internet service provider.
(c) Withdrawal of Consent. If you later decide that you do not want to receive future Communications electronically, write to us at Six Concourse Parkway, Atlanta, GA 30328. If you withdraw your consent to receive Communications electronically, we may terminate your use of one or more of the Services.
(d) Changes to Your Email Address. You agree to notify us promptly of any change in your email address. You can do so by logging on to your account and click the "Update Account Info" link.
14. Miscellaneous. This Agreement (and any additional terms and conditions with which FileLater amends or supplements this Agreement), is a complete statement of the agreement between you and FileLater, and sets forth the entire liability of FileLater and its Suppliers and your exclusive remedy with respect to the Software and Services and their use. You agree that FileLater is not acting as your agent or fiduciary in connection with your use of the Software or any Services. The Suppliers, agents, employees, distributors, and dealers of FileLater are not authorized to make to make any additional representations, commitments, or warranties binding on FileLater. Any waiver of the terms herein by FileLater must be in a writing signed by an authorized officer of FileLater and expressly referencing the applicable provisions of this Agreement. FileLater shall be not be liable for any default or delay in the performance of its obligations under this Agreement to the extent its performance is delayed or prevented due to causes beyond its reasonable control, such as acts of God, natural disasters, terrorist acts, war or other hostilities, labor disputes, civil disturbances, the actions or omissions of third parties, electrical or communication system failures, or governmental action. If any provision of this Agreement is invalid or unenforceable under applicable law, then it shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. This Agreement will be governed by California law as applied to agreements entered into and to be performed entirely within California, without regard to its choice of law or conflicts of law principles that would require the application of law of a different jurisdiction, and applicable federal law. The parties hereby consent to the exclusive jurisdiction and venue in the state courts in San Francisco County, California or federal court for the Northern District of California. Headings are included for convenience only, and shall not be considered in interpreting this Agreement. As used in this Agreement "including" means "including but not limited to". This Agreement does not limit any rights that FileLater may have under trade secret, copyright, patent or other laws.
15. Termination and Amendment.
(a) Termination. Your rights under this Agreement may be terminated by FileLater immediately and without notice if you fail to comply with any term or condition of this Agreement or no longer consent to electronic Communications. Upon such termination, you must immediately cease using the Software and Services. Any termination of this Agreement shall not affect FileLater’s rights hereunder.
(b) Amendment. FileLater shall have the right to change or add to the terms of its Agreement at any time, and to change, delete, discontinue, or impose conditions on any feature or aspect of Software and Services (including internet based services, pricing, technical support options, and other product-related policies) upon notice by any means FileLater determines in its discretion to be reasonable, including posting information concerning any such change, addition, deletion, discontinuance or conditions in Software or on any FileLater sponsored web site, including www.FileLater.com. Any use of the Software by you after FileLater’s publication of any such changes shall constitute your acceptance of this Agreement as modified.
16. U.S. Government Restricted Rights. The Software is a "commercial item," as that term is defined at 48 C.F.R. 2.101 (OCT 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (SEPT 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227-7202-1 through 227-7202-4 (JUNE 1995), all U.S. Government End Users acquire the Software with only those rights set forth herein.
17. Questions. You can contact FileLater by U.S. mail at: Six Concourse Parkway, Atlanta, GA 30328 or by calling 877-500-5858 if you have a question or concern or complaint about any product or service we sell over the Internet.
18. Refund Policy. No refunds will be given once we have transmitted your tax extension to the IRS. However, if your extension is rejected by the IRS, you can correct and retransmit your extension an unlimited number of times at no additional cost provided its the same IRS extension form we originally transmitted for you. If the IRS rejects your extension as being too late, we will give you a full refund upon request.