Terms of Service

Last updated on December 2, 2024

Welcome to the Ramsey SmartTax Powered by TaxSlayer, a service provided by TaxSlayer LLC (“TaxSlayer”) and The Lampo Group, LLC d/b/a Ramsey Solutions (“Ramsey Solutions”), (collectively, “we”, “our”, or “us”).

These Terms of Service apply to our website (ramseysmarttax.taxslayer.com) ("Site"); all related applets; players, widgets, tools, data, software, application programmatic interfaces (APIs), and other services (collectively the “Services”); our mobile applications (“Applications”); and all content (“Content”) contained in our Site, Applications, and Service(s) (together, the “Platform”). We provide the Platform to you, subject to the terms contained in these Terms of Service.

Please read these Terms of Service carefully before using our Platform. By accessing or otherwise using any portion of the Platform, you represent that you have all the applicable rights and authority to grant us the rights granted herein, and you have read, understood, and agree to be bound by these Terms of Service. You expressly represent and warrant that you are entering into these Terms of Service individually, and for and on behalf of the benefit of your spouse and dependents, and that your spouse and dependents intend to be bound to these Terms of Service. If you are not willing to be bound by these Terms of Service, you may not access or otherwise use any portion of the Platform.

Certain terms of these Terms of Service may not apply to users of the Platform that have been referred to Ramsey SmartTax from specific links within their SmartDollar account (“SmartDollar Affiliated Users”).

1. SCOPE OF THESE TERMS OF SERVICE

As U.S. based companies offering products and services related to the preparation of U.S. federal and state tax returns, the Platform is intended for U.S. taxpayers only. TaxSlayer and Ramsey Solutions do not market to children under the age of thirteen (13) (“Minimum Age”) or subjects of other countries, including those in the European Economic Area.

2. COMPLIANCE WITH POLICIES

While using the Platform, you agree that you will comply with all posted policies and agreements, including but not limited to our License Agreement and Privacy Policy, as updated from time to time. We may suspend or stop providing you with access to the Platform if you fail to comply with our posted policies.

3. PRIVACY

Our Privacy Policy explains the data we collect, use, store, and process while you use and access our Platform. By using our Platform, you acknowledge that you have read, understood, and agree to the terms of our Privacy Policy, which is incorporated herein by reference, and you agree that we may use such data in accordance with the terms of our Privacy Policy.

4. YOUR LICENSE TO USE THE PLATFORM

If you use our online tax preparation software, please see the terms and conditions of our License Agreement which are incorporated by reference herein.

5. INTELLECTUAL PROPERTY

You acknowledge that we retain all rights, title, and interest in and to all copyrights, trademarks, registered trademarks and/or service marks, trade secrets, patents, and any other proprietary rights in the Platform. If you make other use of the Platform, except as provided in these Terms of Service, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to penalties. We do not grant any license or other authorization to any user of our trademarks, registered trademarks, service marks, or other copyrightable material or other intellectual property, by placing them on this Platform.

Trademarks TaxSlayer®, Ramsey Solutions, Ramsey SmartTax, their visual identity elements, and certain other graphics, and logos are the registered trademarks or trademarks of TaxSlayer LLC, Ramsey Solutions, or their parent, subsidiaries, or affiliates.

PatentsFeatures and services made available to you on the Platform may be the subject matter of pending and issued patents assigned to TaxSlayer or its parent, subsidiaries, or affiliates.

Copyrights The Platform is owned or licensed by us and is protected by the laws of the United States. You agree to prevent any unauthorized copying, use, or distribution of the content available to you in the Platform. You may not download and/or save a copy of any of the screens appearing on this Site except as otherwise provided in these Terms of Service, for any purpose. However, you may print a copy of the information on this Site for your personal use or records.

6. CONTENT AND FUNCTIONALITY OF PLATFORM

We reserve the right to alter, change, modify, or terminate the Platform or any aspect, feature, service, content, or functionality of the Platform, at any time. We, in our sole discretion and at any time, may determine that certain tax topics, forms, and/or situations are not included as part of the Platform and may decline to provide related Services. For example, we do not currently support municipal tax forms that are not part of a state return.

We may alter the availability of any feature of the Platform or impose new limitations on your use of the Platform at any time, with or without notice, liability, or obligation. We may from time to time, in our sole discretion, develop and provide Platform updates, which may include upgrades, patches, corrections, or changes, additions, or removal of features or functionality. You agree that we have no obligation to provide any updates or to continue to provide or enable certain features or functions, and that nothing in these Terms of Service shall be construed to require correction of any specific errors or discrepancies in the Platform.

To provide a high-quality experience for all users, we monitor the Platform to detect and prevent fraud and abuse. We may, in our sole discretion, terminate your account and your access to the Platform should we determine it is associated with fraudulent or abusive activities. Further, we reserve the right to pursue legal action in connection with fraudulent or abusive activities. We may also suspend or terminate an account or cease providing access to the Platform for any or no reason, including, but not limited to, your violation of any term of these Terms of Service or our other policies.

Each software version shall generally be available for three years after its release date. Your access to the Platform and this License terminates upon the expiration of the software version, unless earlier terminated by either us or you.

Artificial IntelligenceWe may use artificial intelligence (“AI”) and related tools to optimize and deliver our products and services to you. For example, we may use AI to analyze how our Platform is used and to enhance and develop support to you. We will provide additional disclosures on the Platform and our Privacy Policy as required by law.

7. PRODUCTS AND PRICING 

By using the Site, you acknowledge and agree that Ramsey SmartTax provides product descriptions and listing prices only as a guide. Product packages contain features and services as currently described on the website and may not contain the same features made available at a prior time. Prices are subject to change at any time without prior notice. Pricing is determined at the time of print/e-file and is based on your selections and submitted information. 

8. OUR GUARANTEES

Maximum refund guaranteed

If you are a registered user of Ramsey SmartTax and you receive a larger refund or pay a smaller tax due amount using another tax preparation software product, we'll refund the applicable purchase price you paid to Ramsey SmartTax.

This guarantee extends to federal returns filed by taxpayers using our consumer products.

To qualify for the guarantee, a larger refund or smaller tax due cannot be attributed to variations in data you entered using the Ramsey SmartTax software and using another tax preparation software, data you entered incorrectly, or to positions taken by you or your tax preparer that are contrary to the law. Furthermore, our Maximum Refund Guarantee is based on the schedules and forms supported by Ramsey SmartTax.

If you believe you are entitled to a refund from Ramsey SmartTax, you must submit your claim in writing within sixty (60) days of your Ramsey SmartTax filing date and no later than June 15, 2025.

Please send your refund request to TaxSlayer LLC Attn: Ramsey SmartTax Refund Request, 945 Broad Street, Augusta, GA 30901, along with the following documents:

  • Copy of your Ramsey SmartTax sales receipt;
  • Copy of your proof of payment for another tax preparation software product (if applicable);
  • Copy of your printed return from another tax preparation software product; and
  • Letter stating your refund or tax due amount using Ramsey SmartTax and your refund or tax due amount using another tax preparation software product.

Please use a traceable mailing address and maintain copies of submitted items for your records. All materials submitted to us will not be returned.

Please allow up to six (6) weeks for processing and delivery. If after (8) weeks you have not received your check or a response from us, please contact us at support@taxslayer.com.

100% accuracy guaranteed

TaxSlayer guarantees the accuracy of all calculations made using Ramsey SmartTax, or we will reimburse you any federal or state penalties and interest charges, subject to the terms and conditions below. You are responsible for paying any additional tax that is owed.

If you are registered user of Ramsey SmartTax and you pay a penalty or interest charge to the IRS or a state taxing authority solely because of a calculation error on a form prepared using Ramsey SmartTax, and not as a result of, among other things, your failure to enter all required information accurately, your willful or fraudulent omission or inclusion of information on your tax return, your misclassification of information on your tax return, or your failure to file an amended return to avoid or reduce your penalty/interest after Ramsey SmartTax has announced updates or corrections to the services in time for you to file an amended return, then Ramsey SmartTax will reimburse you in the amount of the IRS or state penalty and/or interest paid by you to the IRS or state. You are responsible for paying any additional tax that is owed.

You are responsible for keeping Ramsey SmartTax informed of any changes in your email address, mailing address, and phone number so that notices of such updates or corrections can be provided.

Our accuracy guarantee does not apply to completed tax forms into which the data is entered directly by you, rather than calculated through the use of the Ramsey SmartTax software.

If you believe such a calculation error occurred and you have complied with the above conditions:

  • Please notify TaxSlayer in writing as soon as you learn of the mistake (and in no event later than thirty (30) days after the penalty or interest is assessed). Send your claim to: TaxSlayer LLC, Attn: Ramsey SmartTax Accuracy Guarantee, 945 Broad Street, Augusta, GA 30901, or by email to support@taxslayer.com with “Accuracy Guarantee” in the subject heading.
  • You must include a copy of the IRS or state notice of the tax penalty or interest due, evidence of payment of the specified penalty and/or interest, and your user identification (full name, username, or social security number).

Once we have reviewed your claim, we will contact you to resolve the issue. Filing a claim with us constitutes your authorization for TaxSlayer to review any data files that may be in TaxSlayer's possession or control to evaluate your claim. We may request additional documentation to validate your claim.

9. REFUND DELIVERY AND PAYMENT OPTIONS

Most refunds are issued within 21 days from the time they are accepted by the IRS.

  1. Direct Deposit
    • With direct deposit, your money is transferred electronically from the Department of Treasury to your checking or savings account.
  2. Printed Check
    • You can opt to receive your refund in the form of a printed check sent to you through the U.S. Postal Service to the address listed on your return. Mailed refunds typically arrive five days after they are issued by the IRS. By choosing this option, you must pay any service charges for filing your return out of pocket when you file.

10. COMMUNICATION PREFERENCES AND CONSENT

From time to time, we may send you communications through the various channels that you have provided to us (e.g. push notifications, in-app messages, e-mail address, mailing address, and phone number). These communications may include, but are not limited to, special offers (from which SmartDollar Affiliated Users would be excluded), tips and recommendations, and other account-related or transactional messages. By accepting these Terms of Service and using the Platform, you expressly agree to the receive such communications from or on behalf of us.

You are responsible for keeping your account information, including your e-mail address, up to date. We assume no liability nor any responsibility for any consequences resulting from your provision or use of outdated, incomplete, or inaccurate information in connection with the Platform. If you would like to modify your ability to receive communication from our Platform, in some cases, you may control those settings within the settings or preferences. To unsubscribe from receiving general marketing email communications from Ramsey Solutions, please call us at 1-888-227-3223. You may not opt out of receiving account-related or transactional communications.

IRS Circular 230 Notice. Nothing in our communications with you (including, but not limited to, any emails, web site content, attachments, enclosures, or other accompanying materials) relating to any federal tax transaction or matter are considered to be "covered opinions" as described in Circular 230.

11. MOBILE SERVICES

Use of the Platform may involve transmission of data through the networks of your mobile carrier or Internet service provider (ISP). You are responsible for all carrier, text/SMS, data, or other related fees or charges you incur from your carrier or ISP in connection with or related to your use of the Platform. We assume no liability or responsibility for the payment of any charges you may incur.

12. USER ACCOUNT

To prepare and/or file a tax return using our Services, you must create an account on the Platform. Your account should be associated with a valid phone number and/or e-mail address.

When you create an account with Ramsey SmartTax, you represent to us that you are at least the Minimum Age, and that the information you provide us is truthful, accurate, complete, current, and otherwise in compliance with these Terms of Service at all times. Submission of false, misleading, inaccurate, incomplete, obsolete, or other information prohibited under these Terms of Service may result in immediate termination of your account on the Platform. Accounts that are created through fraudulent, misleading, or inauthentic means, whether by third-party apps or otherwise, can be disabled or deleted by us at any time, with or without notice to you. Repeated creation of multiple inauthentic accounts may result in disabling of your account(s) and/or a permanent ban from accessing the Platform. You may be limited to a certain number of accounts on the Platform.

You are responsible for maintaining the confidentiality of your account login credentials. You agree to accept responsibility for any and all activities that occur under your account, including but not limited to, any activity that occurs as a result of your failure to keep secure and maintain the confidentiality of your account and password. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. You may not use anyone else’s password or account at any time on the Platform. We will not be responsible or liable for any loss or damage arising from your failure to comply with these requirements, and you may be held liable for any losses incurred by us or any other user of the Platform if your failure to keep your account information secure and confidential.

13. USER FEEDBACK

We seek to cultivate an active user community that shares our passion for innovation, and our drive to constantly improve our Platform. Unless otherwise indicated for a particular communication, any communications or material of any kind that you e-mail or otherwise transmit through this Website, including data, questions, comments or suggestions, will be treated as non-confidential and non-proprietary.

By submitting any ideas, feedback, and/or proposals to us regarding the Platform (“User Feedback”), you expressly acknowledge and agree that: (a) we are not under any obligation to you, including any obligation of payment of compensation or confidentiality, with respect to the User Feedback; and (b) we may freely use, assign, transfer, distribute, exploit, and further develop and modify any ideas, concepts, know-how or techniques in your User Feedback for any purpose including, but not limited to, developing and marketing products using such information without compensation to you. To the extent any copyright or other intellectual property ownership interest vests in you with respect to the User Feedback, you hereby grant us a worldwide, non-exclusive, royalty-free, fully paid up, irrevocable, sublicensable, and perpetual right and license to make, use, copy, sell, distribute, otherwise exploit, and create derivative works of the User Feedback. Further, you irrevocably release us from any and all liability that may result from or are related to the rights to the User Feedback.

14. USER RESPONSIBILITIES

Preparing your tax return

If you use our Platform to prepare a tax return, you agree that you are responsible for submitting complete and accurate information and for reviewing your tax return for errors prior to electronically filing or printing your return. You are responsible for preparing your return early enough to ensure meeting any tax filing deadlines.

We may offer certain interactive tools and services, informational resources, and interview questions within the Platform. You acknowledge and agree that these tools and services are provided merely as a convenience to you, and that you retain ultimate responsibility for ensuring the accuracy and completeness of any information you submit while using the Platform.

Printing or filing your return

If you choose to file your return electronically, your tax return will be converted to and stored in a standardized format for transmission to the applicable federal or state taxing authority. We may, but are under no obligation to, make certain non-substantive (e.g., formatting) changes to your return to conform with various e-filing requirements and standards. We cannot guarantee that the taxing authority will accept your return, as rejections may occur due to circumstances beyond our control (e.g., incorrect user information, malfunction of the taxing authority's system, etc.). You are responsible for verifying the status of your return to confirm that it has been received and accepted by the applicable taxing authority and, if necessary, for filing it manually.

Except for SmartDollar Affiliated Users, you are responsible to pay any fees, if applicable, for filing or printing your return. The payment of all fees and charges for submitting or printing your tax return, as well as any fees to the IRS or state taxing authority where applicable, must be made by a valid debit card is non-refundable once you select the Print (view PDF) or File option.

Prohibited activities

As a term of using our Platform, you agree not to engage in any of the following activities:

  • copy, upload, post, publish, transmit, reproduce, publicly display, distribute, alter, or modify in any way software or other material obtained through the Platform for commercial purposes (other than as expressly permitted by the provider of such information, software, or other material);
  • copy, upload, post, publish, transmit, reproduce, publicly display, distribute, alter, or modify in any way, information, software, or other material obtained through the Platform which is protected by copyright, or other proprietary right, or create derivative works with respect thereto, without obtaining permission of the copyright owner or rightsholder;
  • upload, post, publish, reproduce, transmit or distribute in any way any component of the Site itself or derivative works with respect thereto, as the Site is copyrighted as a collective work under U.S. copyright laws;
  • remove or modify TaxSlayer’s or Ramsey Solutions’ copyright notices, trademark, logo, legend or other notice of ownership from any part of the Platform;
  • access, view, read, modify, reverse compile, reverse assemble, disassemble or print any source code or object code or other runtime objects, components or files distributed with any part of the Platform;
  • reverse engineer, modify or copy the look and feel, functionality or user interface of any portion of the Platform;
  • defeat, disable or circumvent any protection mechanism related to the Platform;
  • rent, lease, distribute (or redistribute), provide, or otherwise make available the Platform, in any form, to any third party;
  • share your account credentials, or otherwise share use or access of the Platform with any unauthorized person;
  • link to, frame or mirror Web-based applications or any portion thereof;
  • probe, scan or test the vulnerability of any of our systems or networks;
  • attempt to gain unauthorized access to any of our systems or networks violate or attempt to violate the security of TaxSlayer’s or Ramsey Solutions’ networks or servers;
  • breach security or authentication measures;
  • access or attempt to access data not intended for you or log into a server or account which you are not authorized to access;
  • use any data mining, robots, or similar data-gathering or data-extraction methods in relation to the Platform;
  • restrict or inhibit any other user from using and enjoying the Platform, or otherwise interfere or attempt to interfere with the normal operation of our Platform, including by means of transmitting any virus, trojan horse, worm, malware, or other malicious code or software, or by overloading, flooding, spamming, mail bombing, or crashing any part of the Platform;
  • post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication (except as otherwise expressly permitted by TaxSlayer or Ramsey Solutions); or
  • use the Platform to transmit fraudulent information, create any false identity, or mispresent any false identity;
  • post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or foreign law, including without limitation the U.S. export control laws and regulations;
  • reveal someone’s personal information, such as their address, private e-mail addresses, phone numbers, or bank account information on our Platform; or
  • otherwise use the Platform in violation of any applicable federal, state, or local law.

We have no obligation to monitor the Platform. However, you acknowledge and agree that we have the right to monitor the Platform electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation, or other governmental request, to operate the Platform properly and for the sole purpose of providing tax return preparation services, or to protect itself or its customers. We will not intentionally monitor or disclose any private email message unless required by law. We reserve the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, inappropriate or in violation of these Terms of Service.

15. EXPORT CONTROL AND LEGAL COMPLIANCE

The Platform is operated from the United States, and your data is processed and stored in the United States. We make no representation that the Platform, or content or information available via the Platform, is appropriate or available for use outside the United States, and access to it from jurisdictions where the content is illegal is prohibited. Those who choose to access the Platform from outside the United States do so at their own risk and initiative and are responsible for compliance with all applicable laws. If you are located in the European Economic Area or outside of the United States when you use or attempt to use the Platform, the information you provide or that we obtain as a result of your using the Platform may be processed in, transferred to, or stored in the United States and will be subject to United States law.

The Platform may be subject to U.S. export control laws, including, without limitation, the U.S. Export Administration Act and its associated regulations. You may not use or export any materials via our Platform in violation of any export, re-export or import laws and regulations of the United States or any other jurisdiction. You represent and warrant that you are not located in a country that is: (a) subject to an embargo by the United States or that has been designated by the U.S. Department of State as a state sponsor of terrorism; or (b) included on any list of prohibited, restricted, or sanctioned parties published by the United States.

16. DISCLAIMERS

THE SERVICES (INCLUDING ANY SOFTWARE AND CONTENT CONTAINED THEREIN) ARE LICENSED AND PROVIDED "AS IS" AND "AS AVAILABLE". ANY USE OF THE SERVICES WILL BE AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, DATA LOSS, OR NON-INFRINGEMENT, OR ANY WARRANTIES WITH RESPECT TO THE ACCURACY, RELIABILTY, COMPLETENESS, OR AVAILABILITY OF ANY CONTENT OR INFORMATION, INCLUDING ANY WORKSHEETS OR FORMS, PROVIDED WITHIN THE PLATFORM. WE MAKE NO REPRESENTATIONS OR GUARANTEES THAT THE SERVICES WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND WE DISCLAIM ANY LIABILITY RELATING THERETO. WE MAKE NO GUARANTEES, REPRESENTATIONS, OR WARRANTIES THAT THE USE OF OR THE RESULTS OF THE USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, BE ACCURATE, RELIABLE, CURRENT, OR THAT OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE.

YOU FURTHER ACKNOWLEDGE THAT THE OPERATION AND AVAILABILITY OF THE SYSTEMS USED FOR ACCESSING AND INTERACTING WITH THE SERVICES OR TRANSMITTING INFORMATION TO ANY TAXING AUTHORITIES CAN BE UNPREDICTABLE AND MAY, FROM TIME TO TIME, INTERFERE WITH OR PREVENT ACCESS TO THE SERVICES. WE ARE NOT RESPONSIBLE FOR ANY SUCH INTERFERENCE WITH, OR PREVENTION OF, YOUR USE OR ACCESS TO THE SERVICES BEYOND OUR REASONABLE CONTROL. WE ASSUME NO LIABILITY FOR ANY ERRORS OR DELAYS, OR THE CONSEQUENCES THEREOF, IN TRANSMITTING YOUR TAX RETURN, WHETHER CAUSED BY US, YOU, ANY TAXING AUTHORITY, OR ANY THIRD PARTY, OR BY ANY OTHER CAUSE.

WE DO NOT WARRANT THAT ALL VERSIONS OF ANY PRODUCT OR SERVICE OFFERED (E.G., MOBILE, DESKTOP, ONLINE) WILL CONTAIN THE SAME FEATURES, CONTENT, OR FUNCTIONALITY.

WE DO NOT PROVIDE TAX ADVICE. YOU AGREE THAT NEITHER TAXSLAYER, RAMSEY SOLUTIONS, NOR ANY PART OF OUR PLATFORM SHALL BE CONSTRUED AS A FINANCIAL ADVISOR, LEGAL ADVISOR, TAX ADVISOR, BANK, ACCOUNTING FIRM, OR ANY ADVISOR IN ANY CAPACITY. ANY INFORMATION CONTAINED ON THE PLATFORM IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. WE DISCLAIM ANY RESPONSIBILITY FOR THE VALIDITY, ACCURACY, OR ADEQUACY OF ANY POSITIONS MADE BY YOU ON ANY TAX RETURNS PREPARED USING THE PLATFORM. YOU AGREE THAT YOU ARE RESPONSIBLE FOR ENSURING THAT THE RESULTS AND DOCUMENTS PRODUCED BY THE PLATFORM ARE CORRECT.

THESE DISCLAIMERS OF LIABILITY APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.

17. LIMITATION OF LIABILITY

OUR CUMULATIVE LIABILITY TO YOU OR ANY PARTY RELATED TO YOU FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR USE OF THE PLATFORM WILL NOT EXCEED THE AMOUNT YOU ACTUALLY PAID FOR THE APPLICABLE PORTION OF THE SERVICES AT ISSUE WITHIN THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF YOUR CLAIM. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION OR CLAIMS IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, INDEMNITY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND OTHER TORTS.

IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR INVESTMENT, OR THE LIKE), OR FOR THE LOSS OF PROFIT, REVENUE, OR DATA, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY OF TAXSLAYER, RAMSEY SOLUTIONS, THEIR EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, WEBSITE CO-BRANDING PROVIDERS AND CONTENT OR SERVICE PROVIDERS RESPECTIVE LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY SUCH STATE LAW.

18. INDEMNIFICATION

You agree to defend (at our option), hold harmless, and indemnify us from and against all third-party claims and all liabilities, assessments, losses, costs and expenses (including reasonable attorneys’ fees), or damages resulting from or arising out of (a) your alleged or actual breach of these Terms of Service, including your representations and warranties; (b) your use or misuse of the Platform; (c) your placement or transmission of any message, information, software or other materials through the Site by you or users of your account; and/or (d) your alleged or actual infringement or violation of the rights of a third party, including without limitation any intellectual property rights, rights of publicity, and rights of privacy.

19. TERM AND TERMINATION

Subject to the terms of this section, these Terms of Service will remain in effect for as long as you use the Platform. You may cancel your account and terminate these Terms of Service at any time and for any reason. We may terminate these Terms of Service and your access to the Platform at any time and for any reason, with or without notice to you. Upon any termination of these Terms of Service, the rights and licenses granted to you hereunder, including your ability to access and use the Platform, will immediately terminate, and you shall immediately cease using any and all materials and other similar content in your possession or control that are proprietary to us. You agree that we will have no liability to you for any costs, losses, damages, or liabilities arising out of or related to the termination of these Terms of Service. Any provision of these Terms of Service that should, by its nature, survive termination of these Terms of Service will survive its termination.

20. ASSIGNMENT

We may assign these Terms of Service or delegate any of our rights or obligations hereunder, or any part thereof, to any third party, including our successor-in-interest, without requiring your written consent. You may not assign these Terms of Service in whole or in part, for any reason. These Terms of Service will be binding upon and will inure to the benefit of the parties and their heirs, executors, administrators, successors, and assigns.

21. THIRD-PARTY BENEFICIARIES

Except with respect to platform providers through which you download or use applications certified by us, nothing in these Terms of Service, either express or implied, is intended to or will be deemed to confer upon any other person or entity any right, benefit, or remedy of any nature whatsoever under or by reason of these Terms of Service.

22. GOVERNING LAW AND DISPUTES

Governing law

These Terms of Service, including all claims relating to or arising hereof or breach thereof, whether sounding in contract, tort, or otherwise, will be governed and construed in accordance with the laws of the state of Georgia (for claims involving TaxSlayer) or the state of Tennessee (for claims involving Ramsey Solutions), excluding its choice-of-law principles.

Applicability of section

The terms of this section will apply to all disputes that may arise out of, are connected with, or relate to these Terms of Service or the Platform, subject only to the following exceptions: (1) if we reasonably believe that you have in any manner acted or failed to act in any manner that may cause harm to us or any third party, we may seek injunctive or other appropriate relief in any court of competent jurisdiction; or (2) any dispute may, at the option of the claiming party, be resolved in small claims court located in Augusta, Georgia (for claims against TaxSlayer) or Williamson County, Tennessee (for claims against Ramsey Solutions), provided that all claims by all parties in the dispute (i) fall within the jurisdiction of the small claims court, and (ii) were unsuccessfully resolved through the informal resolution and arbitration procedures required below.

You agree that, except as provided below, any dispute, claim or controversy arising out of or relating in any way to the Platform, our Services, or these Terms of Service will be determined by binding arbitration or small claims court, instead of in courts of general jurisdiction.

In no event will the terms of this section limit our ability to investigate complaints or reported violations of these Terms of Service, or to take any action we deem necessary and appropriate to mitigate actions against us, including reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties.

The terms of this Section apply to all disputes and actions, even if the circumstances or relationship giving rise to such disputes or actions occurred prior to this version of the Terms of Service (or such modification). However, these terms do not apply to any dispute which you have asserted, or any action which you have initiated, prior to the effective date of these Terms. If any modification of the terms of this Section is deemed to be unlawful, void or for any reason unenforceable, then the dispute resolution provisions effective at the time of your agreement to these Terms of Service shall govern any dispute or disagreement between you and us regarding the Platform, our Services, or this Agreement.

Class action and jury waiver

THE PARTIES WAIVE THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, MASS ACTION, GROUP ACTION, REPRESENTATIVE ACTION, AND/OR COLLECTIVE ACTION IN ANY DISPUTE. EACH PARTY MAY PROCEED AS TO ANY DISPUTE ONLY IN THAT PARTY'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, MASS ACTION, GROUP ACTION, REPRESENTATIVE ACTION, AND/OR COLLECTIVE ACTION.

Informal resolution

If you have any dispute with us or any related third party, arising out of, relating to, or connected with these Terms of Service or the Platform, you agree to contact us directly and provide a brief, written description of the dispute and your contact information (including your username, if your dispute relates to an account) and to give us thirty (30) days from the date of filing your written description with us within which to resolve the dispute to your reasonable satisfaction. If we do not resolve the dispute through good faith negotiations under this informal resolution process, you may pursue the dispute in accordance with the arbitration terms below.

Arbitration

Any claims by us, or claims by you that are not resolved by the informal resolution procedure described above, arising out of, relating to, or connected with these Terms of Service, other than a claim by TaxSlayer or Ramsey Solutions for injunctive or other equitable relief, shall be settled confidentially by a single arbitrator with arbitration conducted in Richmond County, Georgia or Williamson County, Tennessee, as we decide in our sole discretion (or via remote conferencing where appropriate and permitted to mitigate costs of travel).

The arbitrator will be selected by mutual agreement, and if the parties are unable to agree on an arbitrator, either party may petition the: (a) state courts of (i) Richmond County, Georgia;  or (ii) Williamson County, Tennessee; or (b) the United States District Court for the (i) Southern District of Georgia; or (ii) Middle District of Tennessee, to appoint an arbitrator meeting the requirements herein from the arbitrators proposed by the parties. The applicable state to submit such petition will be the state that we select for the arbitration in accordance with the previous paragraph.   

The parties agree that neither JAMS nor the American Arbitration Association (“AAA”) shall administer the arbitration or appoint the arbitrator. However, the arbitration shall be administered pursuant to JAMS’ Streamlined Arbitration Rules and Procedures or other comparable rules to which the parties agree. For the avoidance of doubt, the selection of JAMS rules does not mean that JAMS will administer the arbitration or appoint the arbitrator. 

These Terms of Service and each of its parts evidence a transaction involving interstate commerce, and the Federal Arbitration Act (9 U.S.C. § 1 et seq.) will apply in all cases and govern the interpretation and enforcement of the arbitration rules and arbitration proceedings. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

In addition to and notwithstanding the terms stated above, the following will apply to your disputes: (1) the arbitration proceeding and results thereof will be kept confidential by each party; (2) the arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of these Terms of Service including any claim that all or any part of these Terms of Service is void or voidable; (3) because the parties agree that disputes or actions can be brought only in an individual capacity and expressly waive the right to participate in a class action, mass action, group action, representative action, and/or collective action in any dispute, the arbitrator will not have the power to conduct any form of class or collective arbitration, nor join or consolidate claims by or for individuals; and (4) the parties hereby irrevocably waive any right to a court trial (except as expressly provided otherwise herein) or to serve as a representative, as a private attorney general, or in any other representative capacity, or to participate as a member of a class of claimants, in any lawsuit, arbitration, or other proceeding against us or related third parties arising out of, relating to, or connected with these Terms of Service.

Arbitration costs

If the arbitrator finds that the costs and fees of an arbitration you initiate will be prohibitive for you as compared to the costs of litigation, we will pay as much of your filing, arbitrator, and hearing fees in the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive to you, based on your individual circumstances, regardless of the outcome of the arbitration, unless the arbitrator determines that your claim(s) were frivolous or asserted in bad faith. You are responsible for all other attorneys’ fees and expenses for an arbitration initiated by you. If we initiate an arbitration against you, we will pay all costs associated with the arbitration (other than your attorneys’ fees and expenses unless permitted to be recovered under the arbitration rules or applicable law).

Limitation of actions

Regardless of any statute or law to the contrary, you agree that any claim or cause of action arising out of, relating to, or connected with your use of the Platform or any term or condition of these Terms of Service, must be filed within twelve (12) months of the date the facts giving rise to the action or dispute were known or should have been known by you, or forever be barred. This limitation and any filing deadlines shall be tolled while the parties engage in the informal resolution process.

Termination rights

Your 30-day right to opt out. You have the right to opt-out and not be bound by the specific “Arbitration” and necessarily, the “Arbitration Costs” subsections set forth above, by sending written notice of your decision to opt-out to the following address via certified mail: TaxSlayer LLC, 945 Broad Street, Augusta, GA 30901. The notice must be sent within thirty (30) days of your first use of the Platform following the effective date of these Terms of Service, otherwise you shall be bound to arbitrate disputes in accordance with these Terms. If you opt-out of the specific “Arbitration” and “Arbitration Costs” subsections above, we also will not be bound by them.

Our right to terminate mandatory dispute resolution program. At any time, we may terminate our agreement to this Section. That termination will not affect any action that has already been initiated.

23. WAIVER; SEVERABILITY

Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is found to be contrary to any law or regulation of an administrative or governmental agency or body, such provision will be modified 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. In the event such a provision cannot be modified and becomes invalidated or unenforceable, its invalidation or unenforceability will not affect the validity or enforceability of any other provision of these Terms of Service.

24. ENTIRE TERMS OF SERVICE

These Terms of Service, together with our License Agreement and Privacy Policy, as each may be amended from time to time, constitutes the complete and exclusive Terms of Service between you and us with respect to the subject matter hereof and supersedes all prior or contemporaneous oral or written communications, proposals, representations, understandings, or terms not specifically incorporated herein.

25. CHANGES IN TERMS AND CONDITIONS

From time to time, we may add to, modify, or revise these Terms of Service at our discretion. If a change is determined in our sole discretion to be material, we will notify you by e-mail, in your online account, or by posting a notice on this page. You agree that such modified Terms of Service will be effective upon our posting of such updates, unless otherwise set forth by us. Your continued use of the Platform after such change becomes effective will constitute your affirmative acceptance to the modified Terms of Service. If you do not agree to, or cannot comply with, the Terms of Service as amended, you must stop using the Platform.

26. QUESTIONS REGARDING THESE TERMS OF SERVICE

If you have any questions regarding these Terms of Service you may contact TaxSlayer customer support at support@taxslayer.com

You can also write to TaxSlayer at:

Ramsey SmartTax Privacyc/o TaxSlayer LLC945 Broad StreetAugusta, GA 30901

You also may contact Ramsey Solutions customer support at privacy@ramseysolutions.com.

You can also write to Ramsey Solutions at:

Ramsey SmartTax Privacyc/o The Lampo Group, LLC1011 Reams Fleming Blvd.Franklin, TN 37064