Terms of Use

Privacy Notice

User privacy is important to use. We strive to protect your information as described in our Privacy Policy.

Due to the nature of the services we provide, we do not market our service to children under the age of 13, nor do we knowingly collect information from children under the age of 13.

Terms of Use Agreement

By using our website www.onlinetaxman.com and our services, you agree to the terms of this agreement. You should read this agreement carefully. If you do not agree with all the terms of this agreement, do not access our website or our services.

Limited License

We may provide users with online tax preparation products and services and tax preparation information (“services and information”) for personal, non-commercial use. We grant you access to the Website during the term of this agreement solely to receive the services and information.

Your eligibility for any of our particular products and services is subject to our final approval and acceptance.

Except as expressly provided otherwise in an applicable Supplemental Agreement, we grant you a personal, limited, revocable, non-transferable and non-exclusive license to display on your computer, print, download and use screen displayed text, audio clips, video clips and other such content that is made available to you on the Website, solely for your own non-commercial, personal purposes necessary to receive the services and information provided on the Website, provided that: (i) you do not (and do not allow any third party to) modify or create a derivative work of any such content; and (ii) you include with and display on each copy of such content the associated copyright notice. No other use is permitted. Without limiting the generality of the foregoing, you may not: (i) include such content in or with any product or service that you create or distribute; (ii) include such content on another Internet website; (iii) reproduce, duplicate, copy, sell, rent, resell or exploit for any commercial purposes any portion of the Website, use of the Website, or access to the Website; or (iv) establish hyperlinks to any page other than the home page of the Website or create any frame containing any portion of the Website, on any other website or text document with hyperlink capabilities. Further, you may not direct any other person to do any of the foregoing. You agree not to access the Website by any means other than through a commercially available web browser. You will not access or attempt to access password protected, secure or non-public areas of the website without our prior written permission. You will comply with all privacy laws.

User Responsibilities

In order to use the Website, you must obtain access to the Internet and pay any service fees associated with such access. System availability and access to the services and information available on the Website may be limited or unavailable for reasons which may include, without limitation, system performance, telecommunications failure, hardware failure or software failure. You are responsible for your use of your Internet browser, the Website, and the services and information provided on the Website. We are not responsible for deletion of data, timeliness of services, or the failure to store any of your data or personalization settings.

Your Account

There may be areas on our website and related third-party services that require you to create a user account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account. You also agree to immediately notify us of any unauthorized use of your password or account, or any other breach of security of which you are aware, and to ensure that you properly close out of your account at the end of each session. We may, in our sole discretion, terminate your password, account (or any part thereof) or use of the website at any time and for any or no reason. We will not be liable to you or any third party for any termination of your access to our website.

You agree that any information you provide to us through our website will be accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete as of the date the information was provided, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right, without limitation, to suspend or terminate any of your accounts and to refuse any and all current or future use of the website (or any portion thereof) and the services and information provided on the website.

System Availability

System availability and access to the services and information available on our website may be limited or unavailable for reasons which may include, without limitation, system performance, telecommunications failure, hardware failure or software failure.

Modifications

We maintain the right to revise or discontinue any facet of our website or service, including but not limited to content, functionality and pricing for our service.

Our Intellectual Property

Our website may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our website or service does not constitute any right or license for you to use our service marks or trademarks, without our prior written permission.

The display and availability of the content on our website does not convey or create any license or other rights in the content. Any unauthorized copying, reverse engineering, redistribution, reproduction, publication or modification of website content by any person without our prior written authorization is strictly prohibited. The use of content from our website on any other website or networked computer environment is similarly prohibited. Requests for permission to reproduce or distribute materials found on the website can be made by contacting us in writing. You are also strictly prohibited from creating works or materials that derive from or are based on the content of our website or other materials contained in the website including, regardless of whether the derivative materials are sold, bartered or given away.

Notice and Procedure for Making Claims of Copyright Infringement

If you believe that any material contained on the Website infringes your copyright or other intellectual property rights, you should notify us of your copyright infringement claim in accordance with the following procedure. We will process notices of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws.

Pursuant to the DMCA, all notifications of claimed copyright infringement on the Website should be sent ONLY to our Designated Agent at legal@otm.com.

Under the DMCA, the notification of claimed infringement must include the following:

  1. An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest
  2. Identification of the copyrighted work (or works) that you claim has been infringed
  3. A description of the material that you claim is infringing, and the location where the original or an authorized copy of the copyrighted work exists (for example, the URL of the page of the web site where it is lawfully posted; the name, edition and pages of a book from which an excerpt was copied, etc.)
  4. A clear description of where the infringing material is located on our Website, including as applicable its URL, so that we can locate the material
  5. Your name, address, telephone number, and e-mail address
  6. A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
  7. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf

NOTE: THE DESIGNATED AGENT IS PROVIDED SOLELY FOR NOTIFYING US THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (e.g., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OF E-MAIL ABUSE, etc.) TO THE DESIGNATED AGENT AS YOU WILL NOT RECEIVE A RESPONSE. WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEY’S FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER’S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.

We will, in appropriate circumstances, terminate repeat infringers. If you believe that an account holder or subscriber is a repeat infringer, please follow the instructions above to contact us and provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer.

Links to Our Website

We grant you a personal, limited, revocable, nontransferable and nonexclusive right to create a hyperlink to the home page of the Website so long as (i) the link or your linking website does not portray us or any of our services or information in a false, misleading, derogatory, or otherwise offensive matter; (ii) your linking website complies with all applicable law and does not otherwise violate this Agreement or the rights of others; and (iii) your website has, maintains and follows a privacy policy no less protective of user data than our Privacy Policy. You may not use any of our logos or other proprietary graphic or trademarks as part of the link without our express written permission. We may revoke this license at any time, with or without cause, in which case you agree to immediately remove such hyperlink. You may not link to any page other than the home page of this Website. Any link to our Website should be a full forward link that passes the client browser to our home page without barriers. The “back” button should return the visitor to original site if the visitor wishes to back out.

No Unlawful or Prohibited Use

If you are under the age of 13, you may not use this Website.

As a condition of your use of this Website, you warrant that you will not use this Website for any purpose that is against the law or prohibited by these terms. If you violate any of these terms, your permission to use this Website automatically ends.

You may not without, our prior written permission, use any computer code, data mining software, “robot,” “bot,” “spider,” “scraper” or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the web pages, data or content found on this Website or accessed through this Website. You may not republish content or other content from this Website on another website or use in-line or other linking to display such content without our permission. You may not introduce viruses, spyware or other malicious code to this Website. You represent and warrant that you use frequently updated, commercially standard virus protection software to ensure that the system you use to access our Website is virus free.

No Rendering of Advice

The information contained within this website is provided for informational purposes only and is not intended to substitute for obtaining accounting, tax, or financial advice from a professional accountant.

Presentation of the information via the Internet is not intended to create, and receipt does not constitute, an accountant-client relationship. Email subscribers, users and online readers are advised not to act upon this information without seeking the service of a professional accountant.

Any U.S. federal tax advice contained in this website is not intended to be used for the purpose of avoiding penalties under U.S. federal tax law.

Links to Other Websites

We may provide on our website hyperlinks to websites operated by third parties. We provide those links solely for your information and reference. We do not endorse the material on third-party websites. We also do not control such websites and are not responsible for their content. Those websites may have their own Privacy Policies and Terms of Use that you should read carefully. You access and use those websites and associated services solely at your own risk.

Accuracy of Information

We use reasonable efforts to provide accurate and up-to-date information, we do not warrant that any information contained in or made available through this website is accurate, complete, reliable, current or error-free.

We assume no liability or responsibility for any errors or omissions in the content of this website or such other materials or communications.

Computational Errors

If there is a computational inaccuracy in the processing of your data by Online Taxman, we will repay to you the amount of the penalty and/or interest assessed solely as a result of such computational inaccuracy paid by you to the relevant taxing authority. However, in no case shall the amount of such repayment exceed the fee paid by you to Online Taxman. For purposes of this agreement, a “computational inaccuracy” shall be defined to mean only a mistake in the numerical addition, subtraction, multiplication or division of numbers. If you believe such a computational inaccuracy has occurred, you must notify us as soon as you learn of the mistake (and in no event later than 30 days after the penalty is assessed). You must upload to your secure user account a copy of the notice of error from the taxing authority and any related communication. You are responsible for providing any other information requested by us. You are also responsible for paying any additional tax liability not repayable to you under this agreement.  To the full extent permitted by law, this sets forth your sole and exclusive remedy and the entire obligation of Online Taxman and its affiliates, agents, subcontractors and suppliers with respect to any claims with respect to alleged computational errors or inaccuracies in the performance of Online Taxman.

Disclaimer of Warranties and Limitations of Liability

This website is provided on an “as is” and “as available” basis. Use of this website is at your own risk. We and our suppliers disclaim all warranties. Neither we nor our suppliers shall be liable for any damages of any kind with the use of this website.

Miscellaneous

  1. Governing Law. This Agreement shall be governed by the laws of the State of New York without regard to conflicts of law provisions. You hereby consent to venue and jurisdiction in the federal and state Courts located in New York, New York, USA for any dispute related to this agreement.
  2. Entire Agreement. This Agreement, along with any Supplemental Agreements, is the entire and exclusive agreement between the parties, and it supersedes all previous communications, representations or agreements, either oral or written, between them with respect to this subject matter. No representations or statements of any kind made by us, which are not included in this Agreement, shall be binding on us.
  3. You may not modify or amend this Agreement in whole or in part without the prior written consent of one of our authorized representatives. We may replace or amend this Agreement from time to time by posting new terms of service to this website. Please check the Terms of Use periodically for changes. Your subsequent use of our website, or any content, products, services or materials provided through our website, will be subject in all respects to the terms of service in force at the time of such subsequent use.
  4. No waiver of any provision herein shall be valid unless in writing and signed by both our authorized representative and you. Our failure to insist upon or enforce strict performance of any provision of this Agreement or any right shall not be construed as a waiver of any such provision or right.
  5. If any provision of this Agreement is deemed to be illegal or unenforceable, the remainder of this Agreement shall be unaffected and shall continue to be fully valid, binding, and enforceable.