The terms and conditions below and the Ask a Tax Expert FAQs (together, the "Agreement"), shall govern your use of the Ask a Tax Expert service (the "Service"). By using the Service you are accepting the terms and conditions in this Agreement between you and Intuit Consumer Group Inc. (“Intuit”).
This Service is free. You understand that as part of the Service, an Intuit tax advisor will answer your questions related to U.S. federal tax laws (for individual Form 1040 and business returns Forms 1065, 1120 and 1120S) and most state tax laws at the advisor's discretion.
The following tax related topics are not included as part of the Service:
The Service does not cover areas listed in the Ask a Tax Expert FAQ's. Internet access is required to use this Service. Service levels and availability will vary based on demand and capacity and are subject to change without notice. To ensure a good experience and appropriate levels of coverage for everyone using the Service, the tax expert may terminate the communication at his/her sole discretion after 20 minutes, or if it is otherwise determined that you are misusing or unnecessarily extending the duration of the communication. State tax advice may be discontinued in any state at any time.
Pursuant to Internal Revenue Service guidance, be advised that any federal tax advice given to you, including anything provided to you in writing, is not intended to be used, and it cannot be used, by any person or entity for the purpose of avoiding penalties imposed under the Internal Revenue Code.
The tax advice provided to you by the tax advisors will be based on information you provide to the advisor. You understand and agree that the advisor is not able to verify the information you provide, and that if you provide incorrect or incomplete information, the advice provided to you may not be accurate. You understand and agree that the tax advisor will not review your tax return and will not sign your tax return.
If you use the Service, are a registered user of any TurboTax product, and you pay an IRS or state penalty and/or interest solely due to reliance on incorrect advice provided to you through the Service, and not as a result of, among other things, your failure to provide accurate or complete information to the advisor, willful or fraudulent omission or inclusion of information on your tax return, misclassification of information on the tax return, or failure to file an amended return to avoid or reduce an applicable penalty/interest after Intuit notified you of the incorrect advice, then Intuit will reimburse you in the amount of the IRS or state penalty and/or interest paid by you to the IRS or state applicable to the current tax year. If you believe this has occurred to you, you must notify Intuit in writing at Intuit Consumer Group Inc., TurboTax Tax Analysts, 2800 E. Commerce Center Place, Tucson, AZ 85706 as soon as you learn of the mistake (and in no event later than 30 days after the penalty or interest is assessed). You must include a copy of the IRS/state notice, evidence of payment of the specified penalty and/or interest, a copy of the applicable hardcopy tax return and a disc with the applicable tax return data file on it. You are responsible for paying any additional tax liability you owe and providing any other information Intuit reasonably requests.
All warranties or guarantees given or made by Intuit with respect to the Service (1) are for the benefit of the original user of the Service only and are not transferable, and (2) shall be null and void if the user breaches any terms or conditions of this Agreement.
EXCEPT AS EXPRESSLY PROVIDED ABOVE, THE SERVICE IS PROVIDED "AS-IS" AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INTUIT AND ITS AFFILIATES, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICE.
YOU AGREE NOT TO HOLD INTUIT AND ITS AFFILIATES LIABLE FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF YOUR USE OF THE SERVICE. ADDITIONALLY, EXCEPT FOR THE REIMBURSEMENT FOR ADVICE ERRORS DESCRIBED ABOVE WHICH IS YOUR EXCLUSIVE REMEDY, INTUIT AND ITS REPRESENTATIVES ASSUME NO LIABILITY FOR ANY REASON RELATED TO THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INTUIT AND ITS AFFILIATES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS, CORRUPTION OR THEFT OF DATA, LOSS OF PROFITS OR INVESTMENT, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY OR OTHERWISE, EVEN IF INTUIT OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT DOES INTUIT ASSUME ANY LIABILITY TO ANY PARTY OTHER THAN YOU ARISING OUT OF YOUR USE OF THE SERVICE.
The limitations of damages or liability and the disclaimers of warranties set forth in this Agreement are fundamental elements of the basis of the bargain between Intuit and you. You acknowledge and agree that Intuit would not be able to provide the Service on an economic basis without such limitations and that Intuit provides the Service in reliance upon such limitations of damages and liability and disclaimers of warranties.
The details of Intuit's privacy statement are available at: http://security.intuit.com/privacy
Arbitration Provision. You agree that any and all disputes which in any way arise out of or relate to the Service or this Agreement, shall be resolved solely by binding arbitration before the American Arbitration Association ("AAA") before a single arbitrator in arbitration commenced as close as possible to where you reside. Any and all disputes must be brought in the parties' individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Each party to any such arbitration shall bear its own separate costs and expenses of the arbitration and shall share equally in the charges of the AAA, including the fee of the arbitrator. However, if you are unable to pay any fee of the AAA or the arbitrator, we agree to pay those fees for you. By agreeing to arbitration, you and we are waiving our rights to file a lawsuit and proceed in court and to have a jury trial to resolve disputes. The word "disputes" is given its broadest possible meaning, and includes all claims, disputes or controversies, including without limitation any claim or attempt to set aside this arbitration provision. The Federal Arbitration Act will apply to any questions of arbitrability, and the arbitrator shall apply California law to all other matters.
Miscellaneous. This Agreement is a complete statement of the agreement between you and Intuit, and sets forth the entire liability of Intuit and its advisors and your exclusive remedy with respect to the Service. The Intuit advisors and employees are not authorized to make modifications to this Agreement, or to make any additional representations, commitments, or warranties binding on Intuit. Intuit may change this Agreement from time to time, and the changes will be effective when posted on our website for the Service or when we notify you by other means. If any provision of this Agreement is invalid or unenforceable under applicable law, then it shall be, to that extent, deemed omitted and the remaining provisions will continue in full force and effect.