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eFileMyForms Terms & Conditions

EULA (END USER LICENSE AGREEMENT)

The Licensor ("LICENSOR") operates this web site (the "Site") to provide online access to data and information meant to be mailed to recipients and or filed with various government agencies ("INFORMATION REPORTING") By accessing and using the Site, you agree to each of the terms of use set forth herein (the "Terms of Use"). If you do not agree with any of the Terms of Use, you are not authorized to access or use the Site for any purpose.

Additional terms and conditions may apply to access or use of specific areas of the Site or particular content, subscriptions, software or to effect certain transactions. Such additional terms and conditions are posted in the applicable areas of the Site or provided in conjunction with such content, subscriptions, software or transactions. The Licensor reserves the right to make changes to the Site and/or the Terms of Use at any time, effective immediately upon posting on the Site. It is your responsibility to review the most current version of the Terms of Use and your use of the Site after any such changes constitutes your agreement to follow and be bound by the changes. If you violate the Terms of Use LICENSOR may, without notice, terminate your use of the Site, bar you from future use of the Site, cancel pending orders, and/or take appropriate legal action against you.

1. INTELLECTUAL PROPERTY
The Site, and all information and/or content that can be seen, heard, printed, stored or otherwise experienced on the Site, including without limitation all text, images, illustrations, designs, icons, photographs, video, graphics, audio, data, software, and other materials (collectively, the "Content") are protected by U.S. and international copyright, trademark and other laws, and belong to LICENSOR or to third parties. You acknowledge that the Site and Content contain works of authorship of LICENSOR and its licensors and, in addition, embody the selection, coordination and arrangement by LICENSOR of pre-existing materials and original works of authorship created by LICENSOR in enhancements thereto. You agree at all times to treat the Site and Content as proprietary information of LICENSOR and to comply fully with the limitations on use contained herein.

2. PERMITTED USE
You agree that you are only authorized to visit, view and to retain a copy of pages of the Site for your own personal use. No right, title or interest in any printed or stored Content or materials is transferred to you as a result of any such printing or storing. LICENSOR and any third party (with respect to such third party's content on the Site) reserves complete title and full intellectual property rights in any Content you print or store from the Site. You may not modify, reformat, copy, reproduce, display, distribute, repost, transmit, publish, license, sell, rent, transfer, or create derivative works from any Content or information obtained from the Site, except as expressly permitted by these Terms of Use. You may not use a robot, scraper, or other automated means of accessing the Site. You are prohibited from using any of the marks or logos appearing throughout the Site without express written consent from the trademark owner, except as permitted by applicable law.

3. LIMITED WARRANTY - LIMITED WARRANTY FOR THIS SITE AND SERVICE IN THE US AND CANADA.
LIMITATION ON REMEDIES; NO CONSEQUENTIAL OR OTHER DAMAGES. Your exclusive remedy for any breach of this Limited Warranty is as set forth below. Except for any refund elected by LICENSOR, YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, if the SITE does not meet LICENSOR'S Limited Warranty, and, to the maximum extent allowed by applicable law, even if any remedy fails its essential purpose. The terms of the Section below ("Exclusion of Incidental, Consequential and Certain Other Damages") are also incorporated into this Limited Warranty. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This Limited Warranty gives you specific legal rights. You may have others which vary from state/jurisdiction to state/jurisdiction.

YOUR EXCLUSIVE REMEDY. LICENSOR'S and its suppliers' entire liability and your exclusive remedy shall be, at LICENSOR'S option from time to time exercised subject to applicable law, (a) return of the price paid (if any) for the SITE, or (b) repair or replacement of the product created via the SITE, that does not meet this Limited Warranty and that is returned to LICENSOR with a copy of your receipt. You will receive the remedy elected by LICENSOR without charge, except that you are responsible for any expenses you may incur (e.g. penalties or late charges). This Limited Warranty is void if failure of the SITE has resulted from accident, abuse, misapplication, abnormal use or a virus. Any replacement will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Outside the United States or Canada, neither these remedies nor any product support services offered by LICENSOR are available without proof of purchase from an authorized international source. To exercise your remedy, contact: 1099 Pro, Attn. LICENSOR Sales Information Center/ PO Box 8159/Calabasas, CA 91372-8159, or the LICENSOR subsidiary serving you.

4. DISCLAIMER OF WARRANTIES. THE LIMITED WARRANTY THAT APPEARS ABOVE IS THE ONLY EXPRESS WARRANTY MADE TO YOU AND IS PROVIDED IN LIEU OF ANY OTHER EXPRESS WARRANTIES (IF ANY) CREATED BY ANY DOCUMENTATION. EXCEPT FOR THE LIMITED WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR AND ITS SUPPLIERS PROVIDE THE SITE AND SUPPORT SERVICES (IF ANY) AS IS AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY OR COMPLETENESS OR RESPONSES, OF RESULTS, OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES AND OF LACK OF NEGLIGENCE, ALL WITH REGARD TO THE SITE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE. THIS END USER LICENSE AGREEMENT IS THE ENTIRE AGREEMENT BETWEEN THE PARIES WITH RESPECT TO THE SUBJECT MATTER HEREOF AND SUPERSEDES ALL PRIOR AND CONTEMPORANEOUS ORAL AND WRITTEN AGREEMENTS AND DISCUSSIONS. NO EMPLOYEE OR THIRD PARTY PROVIDER OF LICENSOR HAS THE POWER OR AUTHORITY TO MODIFY THIS AGREEMENT EXCEPT BY AN AGREEMENT IN WRITING WHICH BEARS THE SIGNATURE OF AN OFFICER OF THE LICENSOR'S CORPORATION.

THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY LICENSOR ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. LICENSOR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

5. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LICENSOR. OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF LICENSOR OR ANY SUPPLIER, AND EVEN IF LICENSOR OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

6. LIMITATION OF LIABILITY AND REMEDIES. NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES), THE ENTIRE LIABILITY OF LICENSOR AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS EULA AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING (EXCEPT FOR ANY REMEDY OF REPAIR OR REPLACEMENT ELECTED BY LICENSOR. WITH RESPECT TO ANY BREACH OF THE LIMITED WARRANTY) SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE OR U.S. $5.00. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS (INCLUDING SECTIONS 3, 4, AND 5 ABOVE) SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.

7. LINKS TO OTHER SITES
Hypertext links to third party web sites or information are provided solely for your convenience, and do not constitute or imply an endorsement, sponsorship, or recommendation by LICENSOR of the third party, the third-party web site, or the information contained therein, unless expressly stated on the Site. You acknowledge and agree that LICENSOR is not responsible for the availability of any such web sites and that LICENSOR does not endorse or warrant, and is not responsible or liable for, any such web site or the content thereon.

8. COMPLIANCE WITH LAWS
You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of our Site and your purchase of products or services through our Site. This includes, but is not limited to, United States export control laws regulating the export and re-export of technology originating in the United States.

9. INDEMNIFICATION
YOU ARE RESPONSIBLE FOR VERIFYING THE ACCURACY OF YOUR INFORMATION ON THIS SITE. YOU ARE RESPONSIBLE FOR PROOFING AND SAVING YOUR DATA IN A TIMELY MANNER SO THAT YOU DATA MAILED AND OR FILED PRIOR TO ANY DEADLINES. YOU ARE RESPONSIBLE FOR PAYING FOR THE PROCESSING OF YOUR DATA AND INFORMATION IN A TIMELY MANNER SO THAT YOUR DATA IS MAILED AND OR FILED PRIOR TO ANY DEADLINES. YOUR DATA MUST BE SAVED AND PAID FOR ONE WEEK PRIOR TO THE END OF JANUARY IN ORDER TO HAVE YOUR DATA MAILED ON OR BEFORE JANUARY'S MONTH END. YOUR DATA MUST BE SAVED AND PIAD FOR BY MARCH 15 IN ORDER TO HAVE YOUR DATA ELECTRONICALLY FILED PRIOR TO THE END OF MARCH. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless LICENSOR, its affiliates, licensors, employees, third parties and agents from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, indirect, incidental, consequential, and/or exemplary damages), and reasonable attorneys' fees, resulting from or arising out of your use, misuse, or inability to use the Site or the Content, or any violation by you of this Agreement.

10. APPLICABLE LAW
By visiting the Site, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and LICENSOR.

11. LICENSOR IS 1099 PRO, INC.

12. U.S. Government Restricted Rights:
This Software and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 52.227-7013 or subparagraphs (c)(1) or (2) of the Commercial Computer Software -- Restricted Rights at 48 CFR 52.227-19, as applicable.






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