Log in
Home
History
Purchase
Contact Us
User Guides


Terms Of Use

AGREEMENT BETWEEN USER AND ENERTAX SOLUTIONS LLC ("EnerTax")

Restrictions: You are not licensed to do any of the following, and you agree that you will not do any of the following:
  • You will not use the Software except as expressly permitted.
  • You will not access any other EnerTax systems, programs or data that are not made available for public use;
  • You will not use the Software to prepare tax returns, schedules or worksheets for others or on a professional or commercial basis (i.e., for a preparer's or other fee);
  • You will not copy, reproduce, republish, upload, post, transmit, resell or distribute in any way the material from the EnerTax websites;
  • You will not attempt to work around any technical limitations in the Software, use any tool to enable features or functionalities that are otherwise disabled in the Software, or decompile, disassemble, or otherwise reverse engineer the Software except as otherwise permitted by applicable law,
  • You will not use the Software for any commercial purpose,
  • You will not perform or attempt to perform any actions that would interfere with the proper working of the Software, prevent access to or the use of the Software by EnerTax’s other licensees or customers, or impose an unreasonable or disproportionately large load on EnerTax’s infrastructure; or
  • You will not use the Software except as expressly allowed under this Section.

The Software is licensed not sold, and EnerTax reserves all rights not expressly granted in this Agreement. The Software is protected by copyright, trade secret and other intellectual property laws, and this Agreement does not limit any rights that EnerTax may have under trade secret, copyright, patent or other laws. You will not claim or argue in any proceeding that any person other than EnerTax and its licensors owns the title, trade secrets, copyrights, patents (if any), and other intellectual property rights in the Software. This Agreement does not grant to you any rights to trademarks or service marks of EnerTax.

Additionally, the Software is not intended to be used as, nor does it include provision for use as, any method of internal controls over financial reporting or other financial processes. EnerTax will not provide internal controls documentation (including but not limited to third party SAS 70-type reports), nor will users (or user’s auditors/agents) be permitted to audit the Software and underlying code for this or any other purpose.

Support: EnerTax may use a variety of methods to provide support in connection with the Software and related services. The terms and conditions governing this support are subject to change as announced by EnerTax from time to time.

Feedback: EnerTax may provide you with a mechanism to provide feedback, suggestions and ideas about its online products and services (“Feedback”). You agree that EnerTax may use Feedback in any way, including in future modifications of the Software, multimedia works, advertising, and promotional materials. You grant EnerTax a perpetual, worldwide, fully transferable, irrevocable, royalty free license to use, reproduce, modify, create derivative works from, distribute and display Feedback in any manner for any purpose.

Third Party Websites: The Software and Services may contain or reference links to websites operated by third parties (“Third Party Websites”). These links are provided as a convenience only. EnerTax does not own or control Third Party Websites. EnerTax is not responsible for the content of any Third Party Website or any link contained in a Third Party Website. EnerTax does not review, approve, monitor endorse, warrant, or make any representations with respect to Third Party Websites, and the inclusion of any link in the Software is not and does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by EnerTax. YOU AGREE THAT ENERTAX IS NOT RESPONSIBLE FOR OR LIABLE FOR THE INFORMATION CONTAINED IN ANY THIRD PARTY WEBSITE OR FOR YOUR USE OF OR INABILITY TO USE ANY THIRD PARTY WEBSITE. Access to any Third Party Website is at your own risk.

User ID and Password: Except for EnerTax's authorized personnel, you shall not permit others to have access to or to use your user ID or password.

Privacy: EnerTax’s full Privacy Statement is at www.SeveranceTax.com under the Privacy link. You are responsible for protecting the information on your computer such as by installing anti-virus software, updating your software, password protecting your files, and not permitting third party access to your computer.

No Guarantee of Maximum Refund: EnerTax does not guarantee that the Software will provide to you the maximum refund or tax savings or refund, or even any refund or tax savings.

DISCLAIMER OF WARRANTIES. EXCEPT AS EXPRESSLY PROVIDED, THE SOFTWARE AND SERVICES ARE PROVIDED “AS-IS” AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ENERTAX DISCLAIMS ALL GUARANTEES AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SOFTWARE OR SERVICES, INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, QUALITY, TIMELINESS, AND NON-INFRINGEMENT. ENERTAX DOES NOT WARRANT THAT SOFTWARE OR SERVICES ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, OR OTHER PROGRAM LIMITATIONS. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN THAT EVENT, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO 60 DAYS FROM THE DATE OF THE EARLIER OF PURCHASE, LICENSE OR USE OF SOFTWARE OR SERVICES, AS APPLICABLE. HOWEVER, SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. ALL WARRANTIES OR GUARANTEES WITH RESPECT TO SOFTWARE OR SERVICES ARE SOLELY FOR YOUR BENEFIT, ARE NOT TRANSFERABLE, AND ARE NULL AND VOID IF YOU BREACH ANY TERM OR CONDITION OF THIS AGREEMENT.

LIMITATION OF LIABILITY AND DAMAGES: ENERTAX WILL NOT AUDIT OR VERIFY ANY INFORMATION YOU PROVIDE OR THAT ENERTAX HAS RECEIVED FROM STATE TAXING AUTHORITIES, AND IS NOT RESPONSIBLE FOR DISALLOWED EXEMPTIONS/DEDUCTIONS OR UNREPORTED INFORMATION OR RESULTING TAXES, PENALTIES OR INTEREST. ENERTAX SHALL NOT BE RESPONSIBLE FOR ADDITIONAL TAXES, PENALTIES AND INTEREST THAT ARE ASSESSED AS THE RESULT OF INCORRECT, INCOMPLETE OR MISLEADING INFORMATION THAT YOU HAVE GIVEN TO ENERTAX OR THAT ENERTAX HAS RECEIVED FROM STATE TAXING AUTHORITIES IN CONNECTION WITH YOUR USE OF THE SOFTWARE OR SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ENERTAX IS NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR FOR DAMAGES RELATING TO LOSS OF BUSINESS, TELECOMMUNICATION FAILURES, LOSS, CORRUPTION, SECURITY OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF PROFITS OR INVESTMENT, TAX POSITIONS TAKEN BY YOU, INABILITY TO FILE YOUR RETURN, DELAY IN PREPARING YOUR TAX RETURN, INCORRECT OR INCOMPLETE INFORMATION PROVIDED TO ENERTAX BY YOU OR ANY STATE TAXING AUTHORITY, ANY ACCESS TO, OR USE OF, YOUR PASSWORD AND USER ID BY AN UNAUTHORIZED PERSON, OR THE LIKE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY OR OTHERWISE, EVEN IF ENERTAX HAS 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 WILL ENERTAX BE LIABLE FOR ANY LOSS, COST, LIABLITY OR DAMAGE INCURRED AS A RESULT OF YOUR RECEIPT OF OR PARTICIPATION IN THIRD PARTY SERVICES OR THIRD PARTY WEBSITES. IN NO EVENT DOES ENERTAX ASSUME ANY LIABILITY TO ANY PARTY OTHER THAN YOU ARISING OUT OF YOUR USE OR INABILITY TO USE THE SOFTWARE OR SERVICES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ENERTAX AND YOU. ENERTAX WOULD NOT BE ABLE TO PROVIDE THE SOFTWARE OR SERVICES WITHOUT SUCH LIMITATIONS.

Indemnity: Except as expressly provided, you must indemnify, defend, and hold EnerTax harmless against all damages and expenses, including reasonable attorneys’ fees, relating to all claims relating to the use of the Software.

Termination: EnerTax may terminate your rights to use the Software and Services immediately and without notice if you fail to comply with any term or condition of this Agreement. Upon such termination, you must immediately cease using the Software and Services.

Miscellaneous:

  • Entire Agreement, Amendments and Waiver: This Agreement is the entire agreement between you and EnerTax and sets forth the entire liability of EnerTax and your exclusive remedy with respect to the Software and Services and their use. No person is authorized to make any additional representations, commitments, or warranties binding on EnerTax except in writing and signed by an authorized officer of EnerTax. Any waiver by EnerTax must be in a writing signed by an authorized officer of EnerTax expressly referencing specific provisions of this Agreement. EnerTax may modify the terms of this Agreement at any time by reasonable notice on any EnerTax sponsored web site, including www.SeveranceTax.com. Any use of the Software or Services after EnerTax's publication of the new terms shall constitute your acceptance of this Agreement as modified.
  • Independent Relationship: EnerTax is not acting as your agent or fiduciary in connection with your use of the Software or any Services.
  • Force majeure: EnerTax shall be not be liable for any breach or delay to the extent its performance is delayed or prevented due to causes beyond its reasonable control, such as acts of God, natural disasters, terrorist acts, war or other hostilities, labor disputes, civil disturbances, the actions or omissions of third parties, electrical or communication system failures, or governmental action.
  • Severability: If any provision of this Agreement is invalid or unenforceable, then it shall be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
  • Governing law, jurisdiction, and venue: This Agreement is governed by Texas law, without regard to choice of law or conflicts of law principles. The parties consent to the exclusive jurisdiction and venue in the state courts in Harris County, Texas or federal court for the Southern District of Texas, Houston Division.


COPYRIGHT AND TRADEMARK NOTICES:
All contents of the SeveranceTax.com Web Site are Copyright 2009 by EnerTax Solutions LLC and/or its suppliers. All rights reserved.

TRADEMARKS:
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
Any rights not expressly granted herein are reserved.

Ryan, LLC Terms of Use Privacy Statement