This page is a representation of a legal document and is the Terms of Service (Agreement) for the website, www.LocusTax.com (Website), as owned and operated by Locus Tax Services (Locus).
Acceptance of Agreement
This Agreement is between you and Locus and is governed by the Electronic Signatures in Global and National Commerce Act (ESIGN Act).
THIS AGREEMENT INCLUDES WARRANTY DISCLAIMERS AND PROVISIONS THAT ALLOW US TO LIMIT OUR LIABILITY TO YOU. PLEASE CAREFULLY EXAMINE THE ENTIRE TERMS AND CONDITIONS AS USING, ACCESSING AND/OR BROWSING LOCUS WEBSITE IS CONSIDERED AN ACCEPTANCE TO THESE TERMS AND CONDITIONS. IF YOU DISAGREE WITH ANY PART OF TERM AND CONDITIONS SET FORTH HEREIN, PLEASE DISCONTINUE YOUR — USE OF LOCUS WEBSITE IMMEDIATELY AND LIMIT YOURSELF FROM FURTHER ACCESSING OR BROWSING.
Locus may alter parts of this Agreement without notice at any time. The updated Agreement will be shared on our Website, and prior to using the Website, you should review the Agreement. You agree to be bound to any revisions made to this Agreement; therefore, we recommend that you regularly review the Agreement. Please carefully examine the Agreement and save a copy for your reference. If you do not agree to any terms of this Agreement, please do not access and use our Website or Service. Please read through the following terms with care.
The use of terms “our” or “us” or “we” is to refer Locus, the owner of this website.
A “Member” defines registered users on our website to receive our tax service.
“Service” includes all tax services Locus provides to our Members
A “Visitor” defines a person who browses our webpage, but has not become our Member
A “User” includes both Members and Visitors
“Content” includes all information, video, audio, images, and data presented on our Website, regardless of the fact it is free or a part of Service provided by us to User
“Submission” includes all remarks, suggestions, ideas, graphics, or information, aside from private tax information and information regarding tax return, communicated by you to us.
Locus grants a non-exclusive, non-transferable, revocable license to you to access and use Locus Website and Service in correspondence to this Agreement. Your use of Locus Website and Service are limited to the purposes provided in this Agreement. No paper or electronic copy of any part of our Website may be used by you in litigation or arbitration matter under any circumstances.
You, hereby, agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of Locus Website, Content, and Service.
Our Relationship to You
Without exceptions, Locus is an independent contractor to you. The agreement prohibits any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and Locus.
We reserve the right to make changes or even discontinue any Service offerings, including, but not limited to, content, pricing for the Service, functionality, and hours of operation.
Claims for Computational Inaccuracies
LOCUS PROVIDES YOU WITH TWO OPTIONS TO SEND THE COMPLETED RETURN TO THE TAXING AUTHORITY. YOU CAN EITHER PRINT THE TAX RETURN AND MAIL IT IN OR SUBMIT AN ELECTRONIC REUTURN ONLINE. WE GUARANTEE TO REPAY THE AMOUNT OF THE PENALTY AND/OR INTEREST ASSESSED IF OUR COMPUTATIONAL INACCURACY DURING THE PROCESSING OF YOUR INFORMATION HAS RESULTED INACCURATE FILING TO THE TAXING AUTHORITY. IN NO CASE HOWEVER THE AMOUNT OF REPAYMENT EXCEEDS THE SERVICE FEE YOU PAID TO LOCUS. FOR THE PURPOSES OF THIS AGREEMENT, A “COMPUTATIONAL INACCURACY” SHALL BE DEFINED AS A MISTAKE IN THE NUMERICAL ADDITION, SUBTRACTION, MULTIPLICATION, OR DIVISION OF NUMBERS. IF YOU HAVE REASONS TO BELIEVE A COMPUTATIONAL INACCURACY HAS OCCURRED, YOU HAVE TO NOTIFY LOCUS IN WRITING TO THIS FOLLOWING ADDRESS:
Locus Tax Services
10 Corporate Park
Irvine, California 92606
THE WRITTEN NOTICE MUST BE SENT IN AS SOON AS YOU RECOGNIZE THE MISTAKE (NO LATER THAN THIRTY (30) DAYS AFTER YOUR RECEIVED THE PENALTY NOTIFICATION). YOU HAVE TO INCLUDE A COPY OF 1) THE NOTICE OF ERROR FROM THE RELEVANT TAXING AUTHORITY, 2) PRINTED TAX RETURN, AND 3) A RELATED WEBPAGE ID. PROVIDING ANY INFORMATION REQUESTED BY US IS YOUR RESPONSIBILITY. ANY ADDITIONAL TAX LIABILITY NOT COVERED UNDER THIS AGREEMENT SHALL BE PAID BY YOU.
THE FOREGOING, TO THE FULL EXTENT OF PERMITTED LAW, SETS FORTH — USER’S EXCLUSIVE REMEDY AND THE ENTIRE OBLIGATION OF LOCUS AND ITS AGENTS, PARTNERS, SUPPLIERS, AND SUBCONTRACTORS TO CLAIMS WITH RESPECT TO ALLEGED COMPUTATIONAL ERRORS OR INACCURACIES IN THE PERFORMANCE OF LOCUS.
Limitation of Liability
With respect to any services or work product or this engagement in general, the liability of Locus and its personnel shall not exceed the fees we receive or the portion of the work giving rise to liability, unless we performed our services with gross negligence or willful misconduct. Any liability of Locus to you shall not include any special, consequential, incidental, punitive, or exemplary damages or loss nor any lost profits, savings, or business opportunity. A claim for a return of fees paid shall be the exclusive remedy for any damages. This limitation of liability is intended to apply to the full extent allowed by law, regardless of the grounds or nature of any claim asserted. This limitation of liability shall also apply after termination of this agreement.
The safeguarding of Member’s tax return information is very important to us. You have the sole authority to use Locus Service for your return. In turn, you have the responsibility for use of Service and any changes made. For privacy reasons, Locus will not return any information you provide us with in case you have forgotten, erased, or damaged the original files or copies containing those information. We recommend that you keep copies of your personal tax information at a safe location.
Our Intellectual Property
The Locus Website may contain our and our affiliates’ service marks or trademarks in words, graphics, and logos. Your access to our Website or Service does not grant you the right or license to use our service marks or trademarks without Locus’ written permission. Under United States and International copyrights, our Content on Locus Website and Service is protected. We strictly prohibit copying, redistributing, or publishing of our Content.
You agree to indemnify Locus and our employees, officers, directors, affiliates, subcontractors, assigns, successors, third party suppliers of information and documents, advertisers, attorneys, service and product providers, and affiliates from any expense, loss, liability, and claim including reasonable attorney’s fees, in relations to your violation of this Agreement or your use of Locus Website or Service.
Communications with Locus
Choice of Law and Venue
The laws of the State of California, USA, without regard to its conflict of law principles, dictate this agreement and any court actions or arbitration. The exclusive jurisdiction for any action relating to this Agreement shall be the dispute resolution organizations, and state and federal courts as located in Orange County, California, USA, and you hereby consent to the jurisdiction of such dispute resolution organizations and courts.
Arbitration of Disputes
The parties hereto expressly agree to resolve any and all disputes between them arising out of this engagement, including but not limited to fee disputes and claims of malpractice, fraud or negligence against Locus of any nature, through Binding Arbitration in accordance with the rules and guidelines promulgated by the Judicial Arbitration and Mediation Services, Inc. (JAMS). The parties agree that Binding Arbitration will be the exclusive method of resolving all disputes arising out of this engagement. All Binding Arbitration proceedings shall be brought and shall take place within the County of Orange, in the State of California. The parties hereby knowingly, voluntarily and expressly waive any and all rights, including but not limited to California Business and Professions Code § 6204, to appeal the arbitration award or to a trial de novo. By signing the Agreement herein, you acknowledge and agree that all disputes arising out of this engagement will be fully and finally resolved through binding arbitration or other alternative dispute resolution. If either you or Locus refuse to submit to binding arbitration, either you or Locus may be compelled to Arbitrate under California law. You and Locus acknowledge the above, and that this mutual agreement for binding arbitration is voluntary. You hereby confirm that you have read and understand this provision, and voluntarily agree to binding arbitration. In doing so, you voluntarily give up important constitutional rights to trial by judge or jury, as well as rights to appeal. You are advised that you have the right to have independent counsel review this arbitration provision, and this entire agreement, prior to signing this Agreement. Both parties shall share the arbitration costs equally
Any cause of action in relations to the Locus Website or Service must be instituted within one (1) year after the cause of action occurred. Otherwise, it will be forever waived and barred. Any part of this Agreement that is held invalid or unenforceable shall be understood consistent with applicable law, and the remaining parts shall remain in full effect. Should any Content is in conflict or inconsistent with this Agreement, this Agreement shall supersede. Our failure to enforce any of the provisions in this Agreement shall not be considered as a waiver of such provision nor of the right to enforce such provision. Our rights written in this Agreement shall survive any termination of this Agreement.