Terms of Service

This web page represents a legal document and is the Terms of Service (Agreement) for our website, www.xpat1040.com (Website), as owned and operated by XPAT 1040 Inc.

Acceptance of Agreement

This Agreement is between you and XPAT 1040 Inc. and is governed by the Electronic Signatures in Global and National Commerce Act (ESIGN Act).

THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMITS OUR LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING, ACCESSING AND/OR BROWSING OUR WEBSITE AND SERVICE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT OUR WEBSITE IMMEDIATELY AND DO NOT USE, ACCESS AND/OR BROWSE IT FURTHER.

We may amend this Agreement at any time without specific notice to you. The latest Agreement will be posted on our Website, and you should review this Agreement prior to using our Website. After any revisions to this Agreement are posted, you agree to be bound to any changes to this Agreement. Therefore, it is important for you to visit this page periodically to review the Agreement. Please read this Agreement carefully and save it. If you do not accept this Agreement, do not access and use our Website or Service. If you have already accessed our Website and do not accept this Agreement, you should immediately discontinue use of our Website and Service. Please review the following terms carefully.

Definitions

The terms “us” or “we” or “our” refers to XPAT 1040 Inc., the owner of this Website, along with our affiliates and service providers.
A “Member” is someone who has registered with our Website to use our Service.
“Service” refers to the tax services, as listed on our Website, that we provide to our Members.
A “Visitor” is someone who browses our Website, but hasn’t become a Member.
A “User” is a collective identifier that refers to either a Visitor or a Member.
All text, information, graphics, audio, video, and data offered through our Website, whether free to all or part of our paid Service, whether originating from us or from our Users, are collectively known as our “Content.”

Limited License

XPAT 1040 Inc. grants you a non-exclusive, non-transferable, revocable license to access and use our Website and Service strictly in accordance with this Agreement. Your use of our Website and Service are solely for the purposes as provided in this Agreement. No print out or electronic version of any part of our Website may be used by you in any litigation or arbitration matter whatsoever under any circumstances.

Legal Compliance

You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Website, Content, and Service provided therein.

Our Relationship to You

Our relationship to you is at all times that of an independent contractor. This Agreement in no way creates any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and XPAT 1040 Inc.

Modifications

We maintain the right to revise or discontinue any facet of our Service, including, but not limited to, hours of operation, content, functionality and pricing for our Service.

Claims for Computational Inaccuracies

XPAT 1040 INC. PROVIDES YOU THE OPTION TO PRINT THE TAX RETURN OR SUBMIT AN ELECTRONIC RETURN TO THE TAXING AUTHORITY VIA THE INTERNET. IF THERE IS A COMPUTATIONAL INACCURACY IN THE PROCESSING OF YOUR DATA BY XPAT 1040 INC, WE WILL REPAY TO YOU THE AMOUNT OF THE PENALTY AND/OR INTEREST ASSESSED SOLELY AS A RESULT OF SUCH COMPUTATIONAL INACCURACY PAID BY YOU TO THE RELEVANT TAXING AUTHORITY PROVIDED, HOWEVER, THAT IN NO CASE SHALL THE AMOUNT OF SUCH REPAYMENT EXCEED THE COST OF THE FEE YOU PAID TO XPAT 1040 INC FOR OUR SERVICE. FOR PURPOSES OF THIS AGREEMENT, A “COMPUTATIONAL INACCURACY” SHALL BE DEFINED TO MEAN ONLY A MISTAKE IN THE NUMERICAL ADDITION, SUBTRACTION, MULTIPLICATION OR DIVISION OF NUMBERS. IF YOU BELIEVE SUCH A COMPUTATIONAL INACCURACY HAS OCCURRED, YOU MUST NOTIFY US IN WRITING AT THE FOLLOWING ADDRESS:

XPAT 1040 Inc.
7235 N. Western Ave

Chicago, IL 60645

USA
THIS NOTIFICATION IS TO BE MADE AS SOON AS YOU LEARN OF THE MISTAKE (AND IN NO EVENT LATER THAN THIRTY (30) DAYS AFTER THE PENALTY IS ASSESSED). YOU MUST INCLUDE A COPY OF THE NOTICE OF ERROR FROM THE TAXING AUTHORITY, A COPY OF THE APPLICABLE PRINTED TAX RETURN AND THE USER ID ASSOCIATED WITH THE RETURN. YOU ARE RESPONSIBLE FOR PROVIDING ANY OTHER INFORMATION REQUESTED BY US. YOU ARE ALSO REPONSIBLE FOR PAYING ANY ADDITIONAL TAX LIABILITY NOT REPAYABLE TO YOU UNDER THIS AGREEMENT.

TO THE FULL EXTENT PERMITTED BY LAW, THE FOREGOING SETS FORTH USER’S SOLE AND EXCLUSIVE REMEDY AND THE ENTIRE OBLIGATION OF XPAT 1040 INC AND ITS AFFILIATES, AGENTS, SUBCONTRACTORS AND SUPPLIERS WITH RESPECT TO ANY CLAIMS WITH RESPECT TO ALLEGED COMPUTATIONAL ERRORS OR INACCURACIES IN THE PERFORMANCE OF XPAT 1040 INC.

Limitation of Liability

EXCEPT AS EXPRESSLY PROVIDED ABOVE, XPAT 1040 INC IS PROVIDED “AS-IS” AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, REGARDING XPAT 1040 INC, INCLUDING FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN THIS EVENT, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THIRTY (30) DAYS FROM THE DATE THAT COMPLETED TAX RETURN FORMS ARE SUPPLIED TO YOU BY XPAT 1040 INC. HOWEVER, SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY CAN LAST, SO THE ABOVE LIMITATION MAY NOT APPLY. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS UNDER THE LAWS OF CERTAIN JURISDICTIONS. OUR ENTIRE LIABILITY TO YOU FOR ANY REASON SHALL BE LIMITED TO THE AMOUNT OF THE FEE PAID BY YOU FOR XPAT 1040 INC. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR INVESTMENT, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION AND/OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.

Security

The protection of your tax return information is very important. You are the only person authorized to use our Service for your return. You are responsible for use of Service and any changes made under it. For security purposes, we will not provide return information if you have forgotten or erased it, or if it has been damaged due to a failure of your operating environment. You should print copies of your personal tax information form and your tax returns for your future use.

Our Intellectual Property

Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Website or Service does not constitute any right or license for you to use our service marks or trademarks, without the prior written permission of XPAT 1040 INC.Our Content, as found within our Website and Service, is protected under United States and International copyrights. The copying, redistribution, use or publication by you of any such Content, is strictly prohibited. Your use of our Website or Service does not grant you such rights as well as any ownership rights to our Content.
Indemnification

You agree to indemnify XPAT 1040 INC and our affiliates, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or relating to your use of our Website or Service.
Communications with XPAT 1040 INC

We reserve the right, and you authorize us, to the use and assignment of all of your information transmitted and shared in any manner consistent with our Privacy Policy. All remarks, suggestions, ideas, graphics, or information, other than private tax information and information regarding your tax return, communicated by you to us (collectively, “Submission”) is considered assigned to us and is as such considered our property. To the extent that such Submission contains copyrighted, either owned by you or licensed to you, you grant XPAT 1040 INC a perpetual, irrevocable, royalty-free, world-wide license to use such Submission as we see fit, in any form whether on our Website, printed media, or elsewhere. We will not be required to treat any Submission as confidential, and will not be liable for any ideas (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our Service or other operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. We will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

Privacy Policy

Our Privacy Policy is considered part of this Agreement. You may review this Privacy Policy by clicking on Privacy Policy link.

Choice of Law and Venue

This Agreement and any court actions or arbitration shall be construed in accordance with the laws of the State of Illinois, USA, without regard to its conflict of law principles. The exclusive jurisdiction for any action relating to this Agreement shall be the dispute resolution organizations, and state and federal courts as located in Illinois, USA, and you hereby consent to the jurisdiction of such dispute resolution organizations and courts.

Arbitration of Disputes

If we cannot amicably resolve any legal dispute or damage claim that should arise from your interactions with XPAT 1040 INC, you agree to resolve any such dispute or damage claim by arbitration. The arbitration proceeding shall be conducted in Chicago, Illinois USA in accordance with the rules of the American Arbitration Association then in effect with one (1) arbitrator to be selected by mutual agreement of both you and XPAT 1040 INC. If we cannot agree on an arbitrator, then the American Arbitration Association shall select an arbitrator from the National Panel of Arbitrators. You agree that the arbitrator cannot award punitive damages to either of us and agree to be bound by the arbitrator’s findings. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction.

General Terms

Any cause of action by you with respect to our Website or Service must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any Content is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.

Payment

100% Satisfaction Money-back Guarantee: If you are dissatisfied with your tax return and advise us within 15 days of payment for your return, XPAT 1040 INC will refund the full purchase price you paid. To receive a refund, please write to [email protected] or call us at 1-844-EXPAT-US within 15 days of payment with an explanation of the situation.

Entire Agreement

This Agreement, along with our Privacy Policy and all legal disclaimers and notices on our Website, constitute the entire agreement between you and us regarding your use of XPAT 1040 INC and supersedes any prior statements or written or oral agreements with respect thereto.

updated 3/14/16