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Terms of Use
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USAGE AGREEMENT AND LIMITED WARRANTY IMPORTANT INFORMATION This Agreement between (a) you and (b) XInfo Technology Inc., governs your use of the EachTax.com, a Web application/Service designed for preparing Canadian tax returns. As used in this Agreement, the terms "you", "user" or "client" are synonymous, and refer to a person using the EachTax.com Services in any way. "XInfo", "we" refer to XInfo Technology Inc. A "paid user" is a user that (a) provides XInfo with the required registration information, (b) pays XInfo the applicable service fee, if any and (c) complies with the terms and conditions of this Agreement. 1. ACCEPTANCE OF TERMS Welcome to EachTax.com! Before you register for using the Services, you must read and agree to this agreement, which may be updated by us from time to time without notice to you. You can review the most current version at any time at: http://www.eachtax.com/secure/agreement You may not use EachTax.com Services until you have read this agreement and indicated your unconditional acceptance of it by clicking the "I accept" selection. Otherwise, you should click the "I do not accept" selection. By accepting the terms of this license agreement and completion of the registration, you become a licensed and registered user of EachTax.com. If, in the opinion of XInfo Technology Inc., you are attempting to act in breach of this agreement, XInfo Technology Inc. shall have the right to immediately terminate your access to and use of EachTax.com. This agreement does not limit any rights that XInfo Technology Inc. or any of its partners may have under trade secret, copyright, patent or other laws. No one, including the employees of XInfo Technology Inc., is authorized to modify this agreement or to make any other contingent commitments on behalf of XInfo Technology Inc., except in a written document signed by an authorized officer of XInfo Technology Inc. 2. DESCRIPTION OF SERVICE EachTax.com is a Web application/Service designed for preparing Canadian tax returns and XInfo Technology Inc. ensures that it is CRA NETFILE certified. You understand and agree that the Service may include other related information, as further described in EachTax.com Privacy Policy. In addition, you understand and agree that the Service is provided on an "AS-IS" and "AS-AVAILABLE" basis. XInfo Technology Inc., the author and provider of the EachTax.com Web site disclaims all responsibility and liability for the availability, timeliness, security, or reliability of the Service, also for the deletion, mis-delivery or failure to store any user data. XInfo Technology Inc. also reserves the right to modify, suspend or discontinue the Service with or without notice at any time and without any liability to you. 3. PAYMENT FOR SERVICES If you decide to become a paid user, you shall be charged the Services fee (if applicable) in effect on the date you make payment. XInfo Technology may modify the applicable fees at any time without prior notice. The current Services fees can be found at http://www.eachtax.com. Your payment to XInfo of all fees and any additional applicable charges and taxes, must be made by your valid credit card (or such other form of payment as may be acceptable to XInfo in its sole discretion) and, except as otherwise provided herein, all fees and charges are non-refundable. You are responsible for using EachTax.com only on computers and telephone or other lines that you have permission to use, and you are responsible for all related charges, if applicable, such as cable, ISP, telephone charges, etc. 4. ACCOUNT, PASSWORD AND SECURITY Once completing the EachTax.com registration process, you are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify EachTax.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. XInfo cannot and will not be liable for any loss or damage arising from your failure to comply with this Section. XInfo reserves the right to refuse service to anyone at any time without notice for any reason. You acknowledge that the tax information you provide is stored on XInfo's secure servers and/or data bank, and you agree to allow XInfo Technology Inc. to keep secure copies of the tax information that you have entered. XInfo Technology Inc. will not sell this information or use it in any way except insofar as you require or request, and insofar as is needed to securely backup and store it. You acknowledge and agree that certain information will be kept by XInfo Technology Inc. for its customer records, including your user ID, your email address, your social insurance number, your gender, your date of birth, your mailing address and your telephone number. XInfo Technology Inc. does not, however, have any obligation to keep such information in its customer records. You acknowledge and accept that XInfo Technology Inc. may contact you to offer the EachTax.com tax preparation service next year. You also acknowledge and accept that XInfo Technology Inc. may contact you to get your permission to electronically access your tax information in order to give you assistance in using the EachTax.com service, if needed. XInfo Technology Inc. will not access your tax information without your prior approval. You acknowledge and agree that if XInfo Technology Inc. needs to transmit any information to you, it will do so either by posting such information on the Web site www.eachtax.com or by email. You agree that XInfo Technology Inc. is not required to contact you in any other manner whatsoever. 5. PRIVACY POLICY Registration Data and other information about you or your family is subject to our Privacy Policy, which can be found at http://www.eachtax.com/secure/privacy. You understand that through your use of the service you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information for storage, processing and use by EachTax.com. 6. AUTHORIZED USE OF EACHTAX.COM Subject to this Agreement, you are granted single license to use the Services only to prepare Canadian tax returns for yourself and members of your family. You acknowledge that you do not have the right to use EachTax.com to prepare tax returns, in full or in part, on a professional basis (for a fee or payment of any kind). You acknowledge that after payment of the service fee only, you have the right to download the tax returns that you have prepared for viewing on your computer, for filing electronically to the CRA, and for printing the tax returns and/or filing them on paper. You agree to review your tax return for indications of errors and to make any and all necessary corrections prior to filing your return electronically or on paper. You acknowledge that you do not have any right to access or to try to access any EachTax.com services other than to prepare your and your family's tax returns and to use the documentation and help services necessary to help you perform this task. No material available on this secure Web site may be copied, reproduced, republished, downloaded, transmitted, or distributed in any way without the explicit written permission of XInfo Technology Inc. No material available on this secure Web site may be modified in any way without the explicit written permission of XInfo Technology Inc. You agree that any such action is rightly a violation of XInfo Technology Inc.'s copyright, trademark and other related rights. You agree not to pass on to any potential competitor of XInfo Technology Inc. any trade or other secrets that you may learn about the EachTax.com Web application. 7. LIMITED WARRANTY XInfo Technology Inc. warrants only to paid users the accuracy of the calculations performed based on the tax information/data inputs by the users only. Therefore, XInfo Technology Inc. disclaims any responsibility for the reliability or adequacy of any choices or decisions you make with respect to the treatment and processing of your tax information by EachTax.com. XInfo Technology Inc. ensures that EachTax.com web application is CRA NETFILE Certified. 8. DISCLAIMER OF WARRANTIES Except as expressly stipulated in the present agreement, the service offered on the EachTax.com Web site is provided "AS IS". XInfo Technology Inc. does not warrant that the EachTax.com Web application is free from bugs, interruptions, errors, or other program limitations, nor that the EachTax.com site, or the server that makes it available, is free of viruses or other harmful components. To the maximum extent permitted by applicable law, XInfo Technology Inc. and its associated parties disclaim all other warranties, express or implied, regarding the services and the related materials available on the site EachTax.com, including their fitness for a particular purpose, their quality or their merchantability. You understand and agree that XInfo Technology Inc. is not in the business of providing tax advice, cannot, and will not do so. Any support provided on the EachTax.com Web site is exclusively offered to help you use the EachTax.com Web application and not to provide fiscal expertise. This includes help articles, documentation, instructions and any material published electronically or otherwise by XInfo Technology Inc. or any associated parties, and includes any support given by email or otherwise. Associated parties shall include, without limitation, affiliated or related companies, employees of XInfo Technology Inc. and of its affiliated companies, persons or corporation subcontracted by XInfo Technology Inc. or any affiliated companies or anyone else representing XInfo Technology Inc. with or without its express written permission. You agree that you, and only you, are responsible for reviewing the tax results on EachTax.com for accuracy before proceeding to download the tax files you have created. You also agree that you, and only you, are responsible for making sure that any member of your family for whom you prepare a return reviews his or her tax return for any errors before filing their return electronically or on paper. You further agree that "reviewing a return" means an acknowledgement that all information reported on the tax return is correct and that no data is erroneous or missing. You agree that only the person whose tax return is being filed is responsible for the accuracy of that tax return and not XInfo Technology Inc., its principals, its employees or any person, corporation or other organization that has helped XInfo Technology Inc. in any manner whatsoever. You acknowledge and agree that communications systems used for accessing and interacting with EachTax.com and/or the government services (e.g. telephones, computer networks and the Internet) are liable to fail on occasion and may interfere with or prevent your access to EachTax.com, the CRA. XInfo Technology Inc. is in no way responsible for any such interference with or prevention of your use of such communications systems. You also agree that XInfo Technology Inc. is not responsible for any interference on the communications networks which may corrupt a file. You will not be able to file electronically if the government services are not available. Therefore, you agree that, if filing your tax returns electronically to the CRA, you are responsible for doing so at times that their respective services are open, and you acknowledge that XInfo Technology Inc. assumes no responsibility for either service being in or out of operation either during or after the tax season. XInfo Technology Inc. cannot guarantee that your electronic or paper tax return will be accepted as filed and that the taxing authorities will not require further information. Therefore, you acknowledge that the EachTax.com documentation available on the EachTax.com Web site clearly indicates that the CRA may require additional information. You are responsible for verifying the status of your returns with the CRA to confirm that they have been received and accepted and, if necessary, for filing them manually on paper if you had not originally done so. You agree that you, and not XInfo Technology Inc., will assume the entire cost, if any, of the consequences of filing an inaccurate or incomplete tax return. Because tax laws and regulations change frequently and their application varies widely based upon the specific facts and circumstances, interpretation rules and taxing policies involved, you alone are responsible for the contents of your tax return. 9. LIMITATION OF LIABILITY AND DAMAGES You acknowledge and agree that the entire liability of XInfo Technology Inc. and any associated parties shall be at all times limited to the amount that you paid for the license to use EachTax.com. XInfo Technology Inc. will not in any way be liable for any indirect, special, incidental, or consequential damages (including damages for loss of business, loss of profits or investment, interest charges, or the like) whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if XInfo Technology Inc. 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. 10. COPYRIGHTS XInfo Technology Inc. shall retain all rights, title and interest, including all intellectual property rights, in and to the EachTax.com Web application. You acknowledge that the EachTax.com Web application and all related materials are protected by the copyright laws of Canada and international treaty provisions, and you agree not to remove any copyright or other proprietary or product identification notices contained thereon. You acknowledge and agree that all or portions of the EachTax.com Web application or related materials may have been designed and/or developed by third party licensors, and may include software licensed by such third parties, who shall be authorized to hold you responsible for any copyright infringement or violation of this agreement. 11. APPLICABLE LEGISLATION This agreement is deemed entered into in Toronto, province of Ontario. The validity and performance of this agreement shall be governed by the laws of the province of Ontario. This agreement shall be construed as to its fair meaning and not strictly for or against either party. If any provision of this agreement is invalid or unenforceable under applicable law, then it shall be deemed omitted and the remaining provisions shall continue in full force and effect.
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