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Last Updated: March 3, 2026
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. BY ACCESSING OR USING THE WEBSITE, YOU SIGNIFY YOUR UNCONDITIONAL ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE, YOU MUST IMMEDIATELY CEASE ALL USE OF THE WEBSITE.
These Terms of Use ("Agreement") constitute a legally binding contract between you ("User") and Genesis Tax 121 LLC ("Company," "we," "us," or "our") governing your access to and use of www.myfreetaxamerica.com and all related content, functionality, software, and services offered through it (collectively, the "Website" or "Services"). This Agreement incorporates by reference our Privacy Policy located at https://www.myfreetaxamerica.com/privacy.
Intended Users. The Website and Services are designed primarily for non-U.S. persons, foreign nationals, and foreign-owned U.S. entities that have U.S. federal tax filing obligations, including but not limited to foreign-owned single-member LLCs, foreign-owned corporations, and other entities required to file IRS Form 5472 and related U.S. tax returns. While the Services are primarily designed for users with a foreign ownership or international tax compliance nexus, U.S. persons may use the Services to the extent applicable to their filing obligations. By accessing the Website, you represent and warrant that your use of the Services is related to a legitimate tax filing purpose.
Age Requirement. The Website and Services are intended solely for individuals who are at least eighteen (18) years of age, or the age of legal majority in their jurisdiction of residence, whichever is greater. By accessing or using the Website, you represent and warrant that you meet this minimum age requirement. If you do not meet this age requirement, you must immediately cease all use of the Website and Services.
By clicking "Sign In," creating an account, or otherwise accessing the Website, you represent that you have read, understood, and agree to be legally bound by this Agreement. If you are using the Website on behalf of an organization, you represent and warrant that you have authority to bind that organization to this Agreement.
The Company reserves the right to amend this Agreement at any time at its sole discretion. Amendments become effective upon posting to the Website. Your continued use of the Website following any posted amendment constitutes your acceptance of the revised Agreement. You are solely responsible for reviewing this Agreement periodically.
NOTICE: This Website and its Services are not intended to provide individualized tax or legal advice. Users are strongly encouraged to consult qualified tax professionals or legal counsel regarding their specific circumstances.
All content, materials, software, source code, databases, functionality, graphics, audio, video, text, photographs, images, user interfaces, design elements, trademarks, service marks, and logos available on or through the Website (collectively, "Content" and "Marks") are the exclusive proprietary property of Genesis Tax 121 LLC, its licensors, or other designated providers, and are protected by applicable United States and international intellectual property laws, including copyright, trademark, patent, and trade secret law.
Subject to your full compliance with this Agreement, the Company grants you a limited, personal, non-exclusive, non-transferable, revocable license to access and use the Website solely for the purpose of preparing and/or filing your own federal and/or state income tax returns, or, if you are a paid preparer, preparing and filing returns on behalf of your clients in compliance with applicable IRS requirements and using valid preparer credentials. This license does not include any right to: (i) modify, reproduce, distribute, publish, or create derivative works from any Content; (ii) reverse engineer or extract source code; or (iii) use the Content or Marks for any commercial purpose not expressly authorized herein.
Any unauthorized use of the Content or Marks will immediately and automatically terminate the license granted above and may subject you to civil and/or criminal liability.
Your access to and use of the Website is conditioned upon compliance with all applicable laws and this Agreement. The following conduct is expressly prohibited, and this list is illustrative, not exhaustive:
Any violation of this Section will result in the immediate and automatic termination of your access rights, without notice and without prejudice to any other remedies available to the Company in law or equity, including injunctive relief and monetary damages.
You agree to pay all fees associated with your use of the Website and any purchased Services. The Company reserves the right to modify its fee schedule at any time. Current fees are available at https://www.myfreetaxamerica.com/software.
Failure to complete payment will result in: (i) immediate suspension of your account; (ii) non-fulfillment of purchased Services; and (iii) referral to applicable collection processes. If the Company receives a chargeback, your account will be suspended and reinstatement will require payment of all outstanding fees, a reinstatement fee, and reimbursement of any fees or penalties assessed by the Company's payment processor.
All purchases of Services are final, subject to the refund rights described in Section 5 and any mandatory consumer protection rights under applicable law. You remain obligated to pay for Services purchased regardless of whether you complete the filing of a return. A taxpayer's inability to electronically file a return due to IRS or state requirements, identity verification restrictions, or other eligibility issues does not, by itself, constitute grounds for a refund where the Company has provided access to the Services as described at the time of purchase.
Future Subscription Services. If the Company introduces subscription-based pricing, the following terms will apply: (i) subscriptions will automatically renew at the then-current rate unless cancelled at least five (5) days prior to the renewal date; (ii) you authorize the Company to charge your payment method on file for each renewal period; (iii) cancellations take effect at the end of the current billing period with no proration for partial periods; and (iv) the Company will provide at least thirty (30) days' advance notice of any material price increase before it applies to your renewal.
All fees are non-refundable except in the following limited circumstances: (i) the Company has materially failed to provide access to a purchased Service or feature; (ii) you were charged in error; or (iii) a refund is required by applicable law. To request a refund, you must contact Customer Support at contact@MyFreeTaxAmerica.com within thirty (30) days of the date of purchase, or within seven (7) days after an attempted e-filing, whichever is later. The Company will acknowledge your request within two (2) business days and provide a resolution or next steps within ten (10) business days. Approved refunds will be processed to the original payment method within seven (7) business days of approval.
European Union Withdrawal Right. If you are a consumer located in the European Economic Area, you may have a right to withdraw from a purchase of digital Services within fourteen (14) days of purchase, without giving any reason, in accordance with the EU Consumer Rights Directive (Directive 2011/83/EU). However, by requesting that the performance of the Services begin immediately upon purchase and acknowledging that you will lose your right of withdrawal once the Services have been fully performed, you expressly consent to the immediate commencement of the Services and acknowledge that you will lose your right of withdrawal upon full performance. If performance has not been fully completed at the time of withdrawal, you may be charged a proportionate amount for the Services already provided. To exercise this right, contact Customer Support at contact@MyFreeTaxAmerica.com with a clear statement of your decision to withdraw.
From time to time, the Company may offer promotional codes, discount coupons, or service credits ("Coupons"). Coupons are issued at the Company's sole discretion and are subject to additional terms communicated at the time of issuance. Coupons are valid only for the designated account, product, and time period, and may not be transferred, resold, or redeemed for cash. The Company reserves the right to modify, suspend, or discontinue any Coupon program at any time without notice. Issuance of a Coupon to one customer creates no obligation to extend the same benefit to other customers.
THE COMPANY DOES NOT GUARANTEE THAT THE WEBSITE OR SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR ON ANY PARTICULAR DEVICE. THE SERVICES ARE PROVIDED WITHOUT ANY FORMAL UPTIME COMMITMENT OR SERVICE LEVEL AGREEMENT OF ANY KIND. However, the Company will use commercially reasonable efforts to maintain the availability of the Services, and will endeavor to schedule routine maintenance outside of peak U.S. federal tax filing periods (generally January 15 through April 15 and September 15 through October 15) where practicable. The Company may perform scheduled or emergency maintenance at any time, which may result in temporary unavailability of the Services. Where reasonably practicable, the Company will provide advance notice of scheduled maintenance that is expected to exceed thirty (30) minutes via the Website or email to registered users. The Company shall have no liability whatsoever for any downtime, outages, degraded performance, or data unavailability, regardless of cause. You are solely responsible for maintaining independent backups of any data you enter into the Services.
Beta and Preview Features. From time to time, the Company may make available features or functionality designated as "beta," "preview," "early access," or similar (collectively, "Beta Features"). Beta Features are provided AS IS without warranty of any kind, may be discontinued at any time without notice, and are expressly excluded from any service commitment or liability cap that would otherwise apply under this Agreement. The commercially reasonable efforts commitment described above does not apply to Beta Features.
You bear sole and exclusive responsibility for submitting your tax returns in a timely manner and for meeting all applicable filing deadlines. The Company is not liable for any late filing penalties, interest, or other consequences arising from your failure to file on time, system unavailability, high demand, or factors outside the Company's reasonable control. The Company does not guarantee acceptance of any return by the IRS or any state tax authority and is not responsible for rejections, processing delays, or failures attributable to those agencies.
You represent and warrant that all information provided during registration and throughout your use of the Website is accurate, current, and complete. You are solely responsible for: (i) maintaining the strict confidentiality of your login credentials, including your username, password, passkeys, and any one-time verification codes; (ii) all activities that occur under your account, whether or not authorized by you; and (iii) promptly notifying the Company at webmaster@MyFreeTaxAmerica.com of any actual or suspected unauthorized access to or use of your account.
Access to the Services may require multi-factor authentication ("MFA"). By using the Services, you consent to the Company transmitting authentication codes or links to the email address or phone number associated with your account, or via a supported authenticator application. Standard carrier message and data rates may apply. You are responsible for maintaining current and accurate contact information in your account. The Company is not liable for any failure to deliver MFA codes or for your inability to access the Services resulting from outdated contact information.
THE COMPANY SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE, OR HARM ARISING FROM YOUR FAILURE TO MAINTAIN THE SECURITY AND CONFIDENTIALITY OF YOUR ACCOUNT CREDENTIALS OR FROM YOUR FAILURE TO COMPLY WITH THIS SECTION.
Account Termination by User. You may close your account at any time by contacting the Company at webmaster@MyFreeTaxAmerica.com or through any account closure mechanism provided in the Services. Upon account closure: (i) your access to the Services will be terminated; (ii) the Company will delete or anonymize your personal data in accordance with Section 10.5 (Data Retention), subject to any mandatory legal retention obligations under applicable U.S. tax law and IRS regulations; and (iii) any unfiled tax return data will be permanently deleted within thirty (30) days unless retention is required by law. Account closure does not entitle you to a refund of any fees previously paid. The Company will confirm account closure via email within five (5) business days of receiving your request.
Given that the Services are designed primarily for non-U.S. persons and foreign-owned entities, the Company recognizes that Users may be located in jurisdictions with robust data protection frameworks, including the European Union, the United Kingdom, and other regions. This Section describes the Company's data protection commitments and your rights as they relate to your personal data.
10.1 Data Controller — For purposes of applicable data protection laws, including the EU General Data Protection Regulation (Regulation (EU) 2016/679) ("GDPR") and the UK GDPR, Genesis Tax 121 LLC acts as the data controller with respect to personal data you provide when registering for and using the Services.
10.2 Lawful Basis for Processing — The Company processes your personal data on the following lawful bases: (i) performance of a contract — processing necessary to provide the Services you have requested; (ii) legal obligation — processing required to comply with applicable U.S. tax laws, IRS regulations, and other legal requirements; (iii) legitimate interests — processing necessary for fraud prevention, security, and improving the Services, where such interests are not overridden by your fundamental rights; and (iv) consent — where you have provided explicit consent, such as for optional communications.
10.3 Your Data Subject Rights — If you are located in the European Economic Area (EEA), the United Kingdom, or another jurisdiction that provides data subject rights, you have the following rights with respect to your personal data, subject to applicable exceptions and legal retention obligations:
To exercise any of the above rights, please contact the Company at privacy@MyFreeTaxAmerica.com. The Company will respond to verified requests within thirty (30) days, or within the timeframe required by applicable law.
10.4 International Data Transfers — Because the Company is based in the United States, your personal data will be transferred to and processed in the United States. The United States may not provide the same level of data protection as your home jurisdiction. The Company implements appropriate safeguards for such transfers, which may include: (i) reliance on the EU-U.S. Data Privacy Framework (DPF) and/or the UK Extension to the DPF, to the extent the Company is certified thereunder; (ii) Standard Contractual Clauses (SCCs) approved by the European Commission; or (iii) other lawful transfer mechanisms recognized under applicable data protection law. By using the Services, you acknowledge and consent to the transfer of your personal data to the United States subject to these safeguards.
10.5 Data Retention — The Company retains personal data for as long as your account remains active and for such additional period as is required by applicable U.S. tax law, IRS regulations, or other legal obligations. Tax return data may be subject to mandatory retention periods under federal law that supersede any deletion request. Where retention is legally mandated, the Company will inform you accordingly.
10.6 IRS and U.S. Regulatory Compliance — The Company maintains a Written Information Security Plan (WISP) and implements administrative, technical, and physical safeguards designed to protect taxpayer data in accordance with IRS Publication 4557 (Safeguarding Taxpayer Data), the Gramm-Leach-Bliley Act (GLBA), and other applicable federal and state data security requirements.
10.7 Cookies and Tracking Technologies — The Website uses cookies and similar tracking technologies to operate the Services, maintain session security, and analyze usage. By using the Website, you consent to the placement of cookies as described in our Privacy Policy. Where required by applicable law (including the EU ePrivacy Directive and GDPR), the Company will obtain your explicit consent before placing non-essential cookies. You may manage your cookie preferences through your browser settings or through any consent management tool provided on the Website.
10.8 Paid Preparer Data Obligations — If you are a paid preparer, you represent and warrant that you will: (i) maintain a current WISP as required by IRS guidance; (ii) comply with all applicable data protection laws — including the GDPR, UK GDPR, and applicable national laws — with respect to client data accessed through the Services; (iii) ensure that any transfer of client data to the Company is lawful under applicable data protection law, including obtaining any necessary consent or establishing another lawful basis; and (iv) promptly notify the Company and all affected clients of any data breach involving client information accessed through the Services. The Company is not responsible for any breach, misuse, or unauthorized disclosure of client information by a paid preparer.
10.9 California Residents — Although the Services are not primarily directed at U.S. residents, to the extent any User is a California resident and the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA), applies to the Company's processing of that User's personal information, such User may have additional rights. Please refer to our Privacy Policy at https://www.myfreetaxamerica.com/privacy for details.
10.10 Data Protection Contact — The Company has designated a point of contact for data protection inquiries. For any questions or concerns regarding the processing of your personal data or this Section, please contact: privacy@MyFreeTaxAmerica.com.
10.11 Data Breach Notification — In the event the Company becomes aware of a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to personal data transmitted, stored, or otherwise processed through the Services ("Data Breach"), the Company will:
Nothing in this Section limits the Company's obligations under applicable federal or state data breach notification laws, including but not limited to applicable state breach notification statutes.
The Company may make available community forum features separate from the core Website Services. All content posted in community forums is public and visible to anyone. Do not post information you wish to keep private. The Company is not responsible for content posted by users in community forums. The Company reserves the right, but assumes no obligation, to monitor, remove, or refuse to post any content that it determines, in its sole discretion, violates these Terms, applicable law, or community guidelines.
By submitting feedback, suggestions, ideas, or other non-confidential communications to the Company (collectively, "Feedback"), you grant the Company a perpetual, irrevocable, worldwide, royalty-free, fully sublicensable license to use, reproduce, modify, adapt, publish, distribute, and create derivative works from such Feedback for any purpose, including product development and marketing, without compensation to you. For the avoidance of doubt, "Feedback" does not include any personal data, tax return data, financial information, or other data submitted through the Services in connection with the preparation or filing of a tax return, all of which shall be governed exclusively by the data protection provisions of Section 10 and the Privacy Policy.
The Company may use SMS messaging to deliver MFA codes and, where you have opted in, informational messages. Your phone number will not be used for promotional marketing. To opt out of informational SMS messages, text "STOP" at any time. To re-enable, text "START." Standard message and data rates apply. The Company is not responsible for the availability or performance of your wireless carrier's network.
13.1 AI in Service Delivery. The Services may utilize artificial intelligence and machine learning tools to assist in the collection, organization, and preliminary analysis of tax-related information you provide ("Service AI"). Service AI is designed to streamline the data collection process and does not replace the review and professional judgment of qualified tax professionals. All tax returns prepared through the Services are reviewed by or under the supervision of a qualified Certified Public Accountant (CPA) or other authorized tax professional before filing. You acknowledge that AI-generated suggestions, prompts, or classifications are assistive only and that the accuracy of your tax return depends on the completeness and accuracy of the information you provide.
13.2 AI in Content Creation. The Company may also use artificial intelligence tools to assist in developing customer support content, blog posts, digital media, and other marketing materials. Such content may be reviewed, edited, and validated by human editors prior to publication.
13.3 Data Protection in AI Use. The Company is committed to responsible AI use and compliance with applicable intellectual property and data protection laws. User personal data and tax return data are: (i) never incorporated into AI model training datasets; (ii) never shared with third-party AI providers except as necessary to deliver the Services and as disclosed in the Privacy Policy; (iii) processed only within the Company's secure infrastructure or by vetted service providers bound by appropriate data processing agreements; and (iv) subject to all protections described in Section 10 of this Agreement.
The Website may contain links to third-party websites or services. Such links are provided for convenience only and do not constitute endorsement by the Company of those websites or their content, products, or services. Your use of any third-party website is governed solely by that website's terms and conditions. The Company assumes no responsibility or liability for the content, accuracy, availability, or practices of any third-party website or service.
Your use of third-party translation services (such as browser-based translation extensions) is entirely at your own discretion and risk. The Company does not guarantee the accuracy or reliability of any third-party translation.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND ALL SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE, AND NON-INFRINGEMENT. THE COMPANY AND ITS DATA AND SERVICE PROVIDERS DO NOT WARRANT THAT THE SERVICES WILL BE SECURE, UNINTERRUPTED, ERROR-FREE, FREE FROM VIRUSES OR HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED. YOUR USE OF THE WEBSITE AND SERVICES IS ENTIRELY AT YOUR OWN RISK.
In jurisdictions that do not permit the exclusion of implied warranties, any implied warranties are limited in duration to sixty (60) days from the date of purchase or delivery of the applicable Services, whichever is earlier, to the extent permitted by law.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GENESIS TAX 121 LLC, ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, LICENSORS, SERVICE PROVIDERS, OR SUCCESSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, PROFITS, BUSINESS, DATA, GOODWILL, OR ANTICIPATED SAVINGS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF OR INABILITY TO USE THE WEBSITE OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ALL EVENTS, THE COMPANY'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR USE OF THE WEBSITE OR SERVICES SHALL NOT EXCEED THE GREATER OF: (I) THE TOTAL AMOUNT YOU ACTUALLY PAID TO THE COMPANY FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (II) ONE HUNDRED DOLLARS ($100.00).
GDPR Limitation. Nothing in this Section shall be construed to limit the Company's liability to the extent such limitation is prohibited under the GDPR or other applicable mandatory data protection law. Where applicable law prohibits limitation of liability for certain data protection violations, the Company's liability shall be limited to the maximum extent permitted by such law.
Data Breach Liability. Notwithstanding the foregoing aggregate liability cap, the Company's liability for damages arising directly from a breach of its obligations under Section 10.11 (Data Breach Notification) shall not exceed the greater of: (I) the total fees paid by the affected User in the twenty-four (24) months preceding the breach; or (II) Five Hundred Dollars ($500.00), except to the extent a higher amount is required by applicable mandatory law.
The limitations above apply regardless of the theory of liability (contract, tort, strict liability, or otherwise) and shall apply to the fullest extent permitted by law. Some jurisdictions do not allow certain limitations on liability, so the above limitations may not apply to you in full.
You agree to defend, indemnify, and hold harmless Genesis Tax 121 LLC, its members, officers, directors, employees, agents, licensors, and service providers (collectively, "Indemnitees") from and against any and all claims, demands, actions, proceedings, losses, liabilities, damages, judgments, penalties, fines, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or related to: (i) your use or misuse of the Website or Services; (ii) your violation of any provision of this Agreement; (iii) your violation of any applicable law or regulation, including any data protection law; (iv) your violation of any right of a third party, including intellectual property, privacy, or publicity rights; or (v) any content you submit, post, or transmit through the Website. The Company reserves the right to assume exclusive control of the defense of any matter subject to indemnification by you, and you agree to cooperate fully with the Company's defense of such claims.
Consumer Protection Limitation. To the extent you are a consumer located in a jurisdiction whose mandatory consumer protection laws prohibit or limit indemnification obligations of the kind described above, this Section 17 shall apply only to the extent permitted by such mandatory laws. In no event shall a consumer User's indemnification obligation under this Section exceed the total fees paid by that User to the Company in the twelve (12) months preceding the event giving rise to the indemnification obligation. This limitation does not apply to claims arising from a User's willful misconduct, fraud, or intentional violation of applicable law.
By using the Website and the Services to prepare and electronically transmit tax returns, you affirmatively consent to: (i) conducting this transaction electronically; (ii) receiving electronic communications from the Company; and (iii) the disclosure of all information pertaining to your use of the system and software to the applicable federal and state tax agencies, as required by law. Your consent to electronic disclosure constitutes your legally binding agreement to electronic filing of the information you have submitted.
Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Wyoming, without regard to its conflict-of-laws principles. You consent to the exclusive personal jurisdiction of the state and federal courts located in Wyoming for any matters not subject to arbitration under this Agreement.
International Consumer Rights. Notwithstanding the foregoing, Users located in the European Economic Area, the United Kingdom, or any other jurisdiction whose mandatory consumer protection laws provide non-waivable rights with respect to dispute resolution, choice of forum, or governing law retain the right to: (i) bring claims before their local courts or competent dispute resolution bodies to the extent required by such mandatory applicable law; (ii) benefit from the consumer protection laws of their country of habitual residence; and (iii) bring claims before the relevant supervisory authority for data protection matters. Nothing in this Section shall be construed to require any User to waive rights that cannot be waived under the mandatory consumer protection laws of their jurisdiction of habitual residence.
Informal Resolution. Before initiating any formal dispute proceeding, you agree to contact the Company in writing at webmaster@MyFreeTaxAmerica.com describing your dispute in reasonable detail. The parties will negotiate in good faith for a period of thirty (30) days from receipt of the notice. If the dispute is not resolved within that period, either party may proceed to arbitration as set forth below.
Binding Arbitration. Any dispute, claim, or controversy arising out of or relating to this Agreement, the Website, or the Services that is not resolved informally shall be finally resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, as modified by this Agreement. The arbitration shall be conducted in English. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. The Company will pay all AAA filing, administration, and arbitrator fees for claims that do not exceed $10,000, unless the arbitrator finds your claim frivolous.
Class Action Waiver. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL DISPUTES SHALL BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION. YOU EXPRESSLY WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER IS AN ESSENTIAL AND NON-SEVERABLE ELEMENT OF THE ARBITRATION AGREEMENT. IF THIS WAIVER IS FOUND UNENFORCEABLE, THE ENTIRE ARBITRATION PROVISION SHALL BE NULL AND VOID.
Exceptions. Nothing in this Section shall prevent either party from: (i) seeking emergency injunctive or other equitable relief from a court of competent jurisdiction in Wyoming to prevent irreparable harm pending arbitration; or (ii) bringing an individual claim in small claims court in Wyoming, provided the claim qualifies and remains in small claims court.
Time Limitation. ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICES MUST BE FILED WITHIN ONE (1) YEAR AFTER THE CLAIM AROSE, OR IT IS PERMANENTLY BARRED. THIS LIMITATION SHALL NOT APPLY WHERE PROHIBITED BY THE MANDATORY LAWS OF YOUR JURISDICTION OF HABITUAL RESIDENCE, INCLUDING BUT NOT LIMITED TO MANDATORY GDPR ENFORCEMENT RIGHTS, CONSUMER PROTECTION LIMITATION PERIODS, OR OTHER NON-WAIVABLE STATUTORY LIMITATION PERIODS. IN SUCH CASES, THE APPLICABLE STATUTORY LIMITATION PERIOD SHALL GOVERN.
The Company respects intellectual property rights and expects users to do the same. The Company will terminate accounts of repeat copyright infringers. If you believe that content on the Website infringes your copyright, please submit a notice of claimed infringement to webmaster@MyFreeTaxAmerica.com containing the information required under the Digital Millennium Copyright Act (17 U.S.C. § 512). Upon receipt of a proper notice, the Company will take action as it deems appropriate, in its sole discretion, including removing or disabling access to the allegedly infringing content.
Entire Agreement. This Agreement, together with the Privacy Policy and any additional terms expressly incorporated herein, constitutes the entire agreement between you and Genesis Tax 121 LLC with respect to the Website and the Services, and supersedes all prior and contemporaneous agreements, representations, warranties, and understandings, whether oral or written.
Severability. If any provision of this Agreement is held invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible, and the remaining provisions shall continue in full force and effect.
Waiver. No failure or delay by the Company to exercise any right or remedy under this Agreement shall constitute a waiver of that right or remedy. No waiver shall be effective unless made in writing and signed by an authorized representative of the Company.
No Third-Party Beneficiaries. This Agreement is for the sole benefit of the parties hereto and does not create any third-party beneficiary rights.
Assignment. You may not assign or transfer this Agreement or any rights or obligations hereunder without the Company's prior written consent. The Company may freely assign this Agreement, including in connection with a merger, acquisition, or sale of assets.
Headings. Section headings are for convenience only and shall have no legal or contractual effect.
Force Majeure. The Company shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including acts of God, natural disasters, war, terrorism, civil disturbances, government actions, IRS or state agency outages, internet or telecommunications failures, or power outages.
Export Controls. The Services are subject to U.S. export control laws and regulations, including the Export Administration Regulations (EAR) and the sanctions programs administered by the Office of Foreign Assets Control (OFAC). You agree to comply with all applicable export and re-export restrictions and agree not to export or re-export the Services to any country, person, or entity prohibited by such laws. You represent and warrant that you are not located in, under the control of, or a national or resident of any country subject to a U.S. embargo that would prohibit use of the Services.
Business Continuity and Succession. In the event of a merger, acquisition, reorganization, or sale of all or substantially all of the Company's assets, the Company will use commercially reasonable efforts to: (i) provide Users with at least thirty (30) days' advance notice of any such transaction to the extent it materially affects the Services or the processing of User data; (ii) ensure that any successor entity is bound by obligations no less protective of User data than those set forth in this Agreement and the Privacy Policy; and (iii) provide Users with the ability to export or download their data prior to any transfer or cessation of Services. In the event of a permanent cessation of the Services without a successor, the Company will provide Users with at least sixty (60) days' notice and a reasonable opportunity to retrieve their data before deletion, subject to any mandatory legal retention obligations.
Law Enforcement Cooperation. The Company reserves the right to cooperate fully with law enforcement authorities or comply with court orders requiring disclosure of user identity or other information. You waive any claims against the Company arising from such cooperation, except to the extent such waiver is prohibited by applicable mandatory law.
Language. This Agreement is written in English. In the event of any conflict between an English version and any translation, the English version shall control.
Email: webmaster@MyFreeTaxAmerica.com
Customer Support: contact@MyFreeTaxAmerica.com
Data Protection Inquiries: privacy@MyFreeTaxAmerica.com
Website: www.myfreetaxamerica.com
IMPORTANT IRS NOTICE
Pursuant to Internal Revenue Service Circular 230, any tax advice contained in this communication is not intended or written to be used, and cannot be used, for the purpose of avoiding penalties under the Internal Revenue Code or for promoting, marketing, or recommending to another party any tax-related matter addressed herein.
YOU ARE SOLELY RESPONSIBLE FOR ANY ADDITIONAL TAX LIABILITY OWED.