w4Forms.com User Agreement
1. Scope of Agreement: The w4Forms.com site is part of eFile.com and Taxwork LLC. This site license agreement (the "Agreement") is a contract between you (the "User") and Taxwork LLC (hereinafter referred to as "w4Forms.com") that describes the terms and conditions applicable to your use of the web site and associated services as identified below. Before using the w4Forms site, you must read and accept the terms and conditions contained in this Agreement. If you do not agree to these Terms of Service, you will not be able to use the site or tools.
The terms "you", "your" or "user" are synonymous and refer to the person using the w4Forms site in any way. A "user" is an individual from whom we have received the information necessary to calculate, create, and/or print a form w-4 permit, and such person complies with this Agreement.
You agree that we and our service providers are not acting as your agent or fiduciary in connection with your use of the w4Forms site or any third party services.
2. Acceptable Use. w4Forms.com reserves the right to suspend or cancel your license to use the tax platform for violating this Agreement, including, but not limited to, violating this Acceptable Use provision. You agree to use the tax tool software only for lawful purposes and not to use or allow others to use the tax withholding software to:
(i) attempt to access any of our other systems, programs, or data that are not made available for public use;
(ii) copy, reproduce, republish, upload, post, transmit, resell, or distribute the material from the this website in any way;
(iii) attempt any actions that would prevent the use of the tax calculator tools by the public: or
(iv) use the tax withholding tools to engage in or encourage others to engage in illegal or fraudulent activity, including but not limited to creating or filing fraudulent tax withholding forms.
W4FORMS will use commercially reasonable techniques and procedures to manage usage of its software, which may include limiting the number of transmissions for an IP address and other procedures designed to ensure proper and non-malicious use of its tax calculator software.
If W4FORMS, at its sole discretion, determines that you have violated any provisions of this Agreement, your license to use the Software may be suspended without recourse.
3. Reservation of Rights and Ownership. We reserve all rights not expressly granted to you in this Agreement. The tax tax withholding calculator tools are protected by copyright, trade secret, and other intellectual property laws. We own the title, copyright, and other intellectual property rights in the tax calculator tools. These tools are licensed, not sold to you. This Agreement does not grant you any rights to our trademarks or service marks.
You shall not decompile, disassemble, or otherwise reverse engineer the Tax Software except as otherwise permitted by applicable law notwithstanding this prohibition.
You give w4Forms.com permission to use non-identifiable information you enter or upload to calculate and create W-4 Forms.
Disclaimer: w4Forms and Taxwork LLC make no warranty as to the accuracy of the results of this estimator or calculator tool. The results are estimates for informational purposes only and should not be relied on for tax advice.
4. Email, Data User Name, and Password Security. You are not required to register by username or password to use the tax calculator tools. Upon completion of the tax withholding calculator tools, you have the option to have the completed PDF form emailed to you and/or other recipients. After you have received an initial informational email from w4Forms.com or eFile.com and you no long wish to receive informational emails from w4Forms.com or eFile.com, simply opt-out by clicking the unsubscribe link at the bottom of the email body and informational emails to your email address will stop.
5. Privacy of Personal and Tax Return Information. The site and the tax tools reside under a Starfield certified Secure Socket Layer (SSL) URL and all subsequent web pages are verified through the secure connection of this SSL. You can view and print a copy of our privacy policy here. You agree to the applicable w4Forms.com Privacy Policy and any changes published by w4Forms.com. w4Forms.com does not store tax calculator related data entered by you.
6. You may use the Tax Software without charge up to calculate or estimate your paycheck and associated w-4 withholding forms and to create, email, or download the w-4 PDF forms.
7. Dispute Resolution, Arbitration Clause. Any dispute shall be subject to mediation conducted by the American Arbitration Association (AAA) with a mediator that shall be mutually selected, or if agreement cannot be reached, with a mediator assigned by the AAA. If the dispute is not resolved within 90 days after it is referred to a mediator, the matter shall be referred to binding arbitration. Costs of the mediation shall be borne equally by the parties. Any mediation or arbitration proceeding shall only be held in the State of Florida in the United States of America.
8. DISCLAIMER OF WARRANTIES. EXCEPT AS EXPRESSLY PROVIDED ABOVE, THE TAX SOFTWARE AND THE SERVICES ARE PROVIDED "AS-IS" AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE, OUR AFFILIATES, LICENSORS, PARTICIPATING FINANCIAL INSTITUTIONS, THIRD-PARTY CONTENT OR SERVICE PROVIDERS, DISTRIBUTORS, DEALERS AND SUPPLIERS (COLLECTIVELY, "REPRESENTATIVES") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE TAX SOFTWARE OR THE SERVICES, INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE TAX SOFTWARE OR THE 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 30 DAYS FROM THE DATE YOU PAY FOR THE TAX SOFTWARE AND THE 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 WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
All warranties or guarantees given or made by us and our service providers with respect to the Tax Software or the Services (1) are for the benefit of the registered user of the Tax Software only and are not transferable, and (2) shall be null and void if a registered user breaches any terms or conditions of this Agreement.
9. LIMITATION OF LIABILITY AND DAMAGES. YOU AGREE NOT TO HOLD US OR OUR SUBSIDIARIES LIABLE FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF YOUR PARTICIPATION IN THIRD-PARTY SERVICES. ADDITIONALLY, EXCEPT FOR THE REIMBURSEMENT FOR CALCULATION ERRORS DESCRIBED ABOVE, YOUR EXCLUSIVE REMEDY AND THE ENTIRE LIABILITY OF US AND OUR REPRESENTATIVES FOR ANY REASON SHALL BE LIMITED TO THE AMOUNT PAID BY YOU TO US AND OUR SERVICE PROVIDERS FOR THE TAX SOFTWARE AND THE SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR REPRESENTATIVES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOSS OF BUSINESS, TELECOMMUNICATION FAILURES, LOSS, CORRUPTION, SECURITY OR THEFT OF DATA, LOSS OF PROFITS OR INVESTMENT, TAX POSITIONS TAKEN BY YOU, INABILITY TO FILE YOUR RETURN, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY OR OTHERWISE, EVEN IF WE OR OUR REPRESENTATIVES 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 DO WE OR OUR SUBSIDIARIES ASSUME ANY LIABILITY TO ANY PARTY OTHER THAN YOU ARISING OUT OF YOUR USE OR INABILITY TO USE THE TAX SOFTWARE OR THE SERVICES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. WE WOULD NOT BE ABLE TO HAVE PROVIDED THE TAX SOFTWARE OR SERVICES WITHOUT SUCH LIMITATIONS.
10. Miscellaneous. This Agreement is a complete statement of the agreement between you and us and our service providers, and sets forth our entire liability and your exclusive remedy with respect to the Tax Software and the Services and their use. Our agents, employees, distributors, and dealers are not authorized to make modifications to this Agreement, or to make any additional representations, commitments, or warranties binding on us and our service providers. Any waiver of the terms herein by us must be in a writing signed by an authorized officer of w4Forms.com and expressly referencing the applicable provisions of this Agreement. 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. This Agreement will be governed by Florida law as applied to agreements entered into and to be performed entirely within the state of Florida, without regard to its choice of law or conflicts of law principles, and applicable federal law. The parties hereby consent to the exclusive jurisdiction and venue in the state and federal courts in Sarasota County, Florida. Headings are included for convenience only, and shall not be considered in interpreting this Agreement. This Agreement does not limit any rights that we may have under trade secret, copyright, patent or other laws.
This Agreement may be terminated by us 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 tax calculator tools. We shall have the right to change or add to the terms of this Agreement at any time, and to change, delete, discontinue or impose conditions on any feature or aspect of the Tax Software and the Services (including but not limited to Internet-based services, pricing, technical support options, and other product-related policies) upon notice by any means we determine in its discretion to be reasonable, including posting information concerning any such change, addition, deletion, discontinuance or conditions in the Tax Software or on any w4Forms.com sponsored website, including but not limited to this website. Any use of the tax calculator tools by you after our publication of any such changes shall constitute your acceptance of this Agreement as modified.
11. U.S. Government Restricted Rights. The Software is a "commercial item," as that term is defined at 48 C.F.R. 2.101 (OCT 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (SEPT 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227-7202-1 through 227-7202-4 (JUNE 1995), all U.S. Government End Users acquire the Tax Software with only those rights set forth herein. TaxWork LLC, PO BOX 892, Mount Pleasant, SC 29464-9998, United States of America.