Last Modified: February 25, 2014
General Terms and Conditions
This Agreement describes the terms governing your use of the Common Form services provided to you on this website, including content, updates and new releases, (collectively, the "Services"). It includes by reference:
- Common Form's Privacy Statement provided to you in the Services available on the website or provided to you otherwise.
- Additional Terms and Conditions, which may include those from third parties.
- Any terms provided separately to you for the Services, including product or program terms, ordering, activation, payment terms, etc.
2. Your rights to use the services
2.1 The Services are protected by copyright, trade secret, and other intellectual property laws. You are only granted the right to use the Services and only for the purposes described in these terms and by Common Form. Common Form reserves all rights in the Services. Until termination of this Agreement and as long as you meet any applicable payment obligations and comply with this Agreement, Common Form grants to you a personal, limited, nonexclusive, nontransferable right and license to use the Services. 2.2 You agree not to use, or permit any third party to use, the Services or content in a manner that violates any applicable law, regulation or this Agreement. You agree you will not:
- Provide access to or give any part of the Services to any third party.
- Reproduce, modify, copy, deconstruct, sell, trade or resell the Services.
- Make the Services available on any file-sharing or application hosting service.
3. Your personal information
4.1 You are responsible for your content, including any content that you place on our Site or give to us. You are responsible for all materials ("Content") uploaded, posted or stored through your use of the Services. You grant Common Form a worldwide, royalty-free, non-exclusive license to host and use any Content provided through your use of the Services. Archive your Content frequently. You are responsible for any lost or unrecoverable Content. You must provide all required and appropriate warnings, information and disclosures. Common Form is not responsible for the Content or data you submit through the Services.
You agree not to use, nor permit any third party to use, the Services to upload, post, distribute, link to, publish, reproduce, engage in or transmit any of the following, including but not limited to:
- Illegal, fraudulent, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that would encourage "flaming" others, or criminal or civil liability under any local, state, federal or foreign law;
- Content that would impersonate someone else or falsely represent your identity or qualifications, or that constitutes a breach of any individual's privacy;
- Except as permitted by Common Form in writing, post or propose investment opportunities, solicitations, chain letters, pyramid schemes, other unsolicited commercial communication or engage in spamming or flooding;
- Download or post to our Site any virus, trojan horse, worm or other disruptive or harmful software or data; and
- Download, post or provide to us any information, software or Content which is not legally yours and without permission from the copyright owner or intellectual property rights owner.
4.2 Common Form may freely use feedback that you provide. You agree that Common Form may use your feedback, suggestions, or ideas in any way, including in future modifications of the Services, other products or services, advertising or marketing materials. You grant Common Form a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to Common Form in any way.
4.3 Common Form may monitor your Content. Common Form may, but has no obligation to, monitor content on the Services. We may disclose any information necessary to satisfy our legal obligations, to protect Common Form or its customers, or to operate the Services properly. Common Form, in its sole discretion, may refuse to post, remove, or refuse to remove, any Content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of this Agreement.
5. Additional Terms
5.1 Common Form does not give professional advice including any tax or accounting advice, in providing the Services or on our site. Common Form is not in the business of providing legal, financial, accounting, tax, health care, real estate or other professional services or advice. Consult the services of a competent professional when you need this type of assistance.
5.2 Communications. Common Form may be required by law to send you communications about the Services. You agree that Common Form may send these communications to you via email or by posting them on our Site.
5.3 You are the only person authorized to use your user ID and password and for maintaining the confidentiality of your user ID and password. You shall not permit or allow other persons to have access to or use your user ID and password. You are responsible for the use of the Services under your user ID. If you have not electronically filed or printed your tax return, you must create a user ID and password in order for you to access your tax return data at a later date. You must remember your user ID and password to electronically transfer your tax return information into next year's tax return.
5.4 You agree to manage your passwords and accept updates. You are responsible for securely managing your password(s) for the Services and to contact Common Form if you become aware of any unauthorized access to your account. The Services may periodically be updated with tools, utilities, improvements, third party applications, or general updates to improve the Services. You agree to receive these updates.
5.5 We have no obligation to accept, display, review, monitor, or maintain any Content submitted by users ("Comments"). We have the right to delete Content or Comments from the Service without notice for any reason at any time. We may move, re-format, edit, alter, distort, remove or refuse to exploit Content or Comments without notice to you and without liability. Notwithstanding the forgoing rights, we reserve the right to treat Content provided by users and Comments as content stored at the direction of users for which we will not exercise editorial control except as required to enforce the rights of third parties and applicable content restrictions below when violations are brought to our attention.
5.6 The Service may contain or deliver advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser's or sponsor's Content.
5.7 Common Form has the right to refuse your registration of, or cancel your user account and/or user ID in its discretion for any reason or for no reason. In addition, Common Form reserves the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Service and to terminate users or reclaim usernames. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce this agreement (including investigation of potential violations hereof), (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Common Form, its users and the public.
6. Disclaimer of Warranties
6.1 YOUR USE OF THE SITE, SERVICES, SOFTWARE, AND CONTENT IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS DESCRIBED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMMON FORM, ITS AFFILIATES, AND ITS THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY,"SUPPLIERS") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SERVICES ARE FIT FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, DATA LOSS, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OR CONTENT IN OR LINKED TO THE SERVICES. COMMON FORM AND ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT THE SERVICES ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION. IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO 60 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE SERVICES, WHICHEVER IS SOONER.
6.2 COMMON FORM, ITS AFFILIATES AND SUPPLIERS DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS.
7. Limitation of Liability and Indemnity.
7.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF COMMON FORM, ITS AFFILIATES AND SUPPLIERS FOR ALL CLAIMS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO SUCH CLAIM. SUBJECT TO APPLICABLE LAW, COMMON FORM, ITS AFFILIATES AND SUPPLIERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING: (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; (B) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET COMMON FORM REQUIREMENTS. WITHOUT LIMITING THE FOREGOING, NEITHER COMMON FORM NOR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, "COMPANY PARTIES") WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. THE ABOVE LIMITATIONS APPLY EVEN IF COMMON FORM AND ITS AFFILIATES AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF Common Form, ITS AFFILIATES AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES AND ITS USE.
7.2 YOU UNDERSTAND THAT COMMON FORM WILL NOT AUDIT OR OTHERWISE VERIFY ANY INFORMATION YOU PROVIDE, AND COMMON FORM IS NOT RESPONSIBLE FOR TAXES OR PENALTIES YOU MAY OWE AS A RESULT OF USING OUR SERVICES OR FOR ERRORS MADE IN USING OUR SERVICES, OR FOR DISALLOWED DEDUCTIONS, OR THE INCLUSION OF ADDITIONAL UNREPORTED INCOME OR RESULTING TAXES, PENALTIES OR INTEREST.
7.3 COMMON FORM SHALL NOT BE LIABLE FOR 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 COMMON FORM, ANY ACCESS TO, OR USE OF, YOUR PASSWORD AND USER ID BY AN UNAUTHORIZED PERSON.
7.4 COMMON FORM SHALL NOT BE LIABLE FOR ANY DEFAULT OR DELAY IN THE PERFORMANCE OF ITS OBLIGATIONS UNDER THIS AGREEMENT 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.
7.5 You agree to indemnify and hold harmless Common Form and its Affiliates and Suppliers, and any of their respective officers, directors, employees, agents, and attorneys (collectively, “Indemnified Parties”) from any claims, demands, costs, liabilities, or expenses (including costs and attorneys' fees) to or by any third party arising out of or relating to your access to or use of the Website or our Service, the violation of this agreement by you, the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity, or for any content posted on the Website or through the Service by you (including claims related to defamation, invasion of privacy, or other violation of a person's rights) (collectively, “Claims”). Common Form reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims. You agree to notify us in writing of any such Claims, and to reasonably cooperate as requested by Common Form in the defense of any Claims. Your obligations under the foregoing indemnity may not be offset against any other claim you may have against Common Form or any Indemnified Party. You remain solely responsible for all content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Website or the Service. You agree that the provisions in this paragraph will survive any termination of your account(s) or the Service.
7.6 In addition, you hereby release any claims you may have against Common Form and any Indemnified Parties that are in anyway related to the Service or your use of Content offered through the Service, including any recommendations or referrals you may receive as a result of your registration with Common Form. You are solely responsible for your use of the Service, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and third parties partners.
We reserve the right to change this Agreement at any time, and the changes will be effective when posted through the Services, on our website for the Services or when we notify you by other means. We may also change or discontinue the Services, in whole or in part. Your continued use of the Services indicates your agreement to the changes.
9.1 Unless terminated by you or Common Form, this Agreement will remain in full force and effect while you use any of the Services. Subject to the last sentence of this Section 9, you may terminate this agreement at any time by deleting all Content you have provided to us and ceasing to use the Service. We may terminate this Agreement at any time, and for any reason or for no reason, and specifically if you violate or fail to comply with any provision of this Agreement. Upon termination of this agreement for any reason, you must immediately stop using the Services, and you shall destroy and remove from all computers, and from other storage media all copies of the any content or intellectual property owned by us or any other user of the Services that you acquired by use of the Service, and we may freeze your account. Your representations in this Agreement and any other provision which by their nature are designed to survive termination shall survive any termination or expiration of this agreement.
10. Governing Law and Equitable Relief.
10.1 This Agreement and its interpretation and any issue relating to the Website or the Service shall be governed by and construed in accordance with the internal laws of the United States and the State of California governing contracts entered into and to be fully performed in California (i.e., without regard to conflict of laws provisions) regardless of where you are located. With respect to any disputes or claims not subject to informal dispute resolution or arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts located in San Diego County, California, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts located in San Diego County.
10.2 You acknowledge that the rights granted and obligations made hereunder to us are of a unique nature, the loss of which shall irreparably harm us and which cannot be replaced by monetary damages alone so that Common Form shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief and agree to limit your claims to claims for monetary damages (if any).
11. License Grant and Restrictions.
11.1. You may use the Services solely to prepare valid tax return(s) and reports, only after proper registration with us.
11.2. Additional Examples of Restrictions on Use. You may not use the services to prepare tax returns, schedules , reports or worksheets as a business or for a profit, or otherwise on a professional or commercial basis (i.e., for a preparer's or other fee).
11.3 Number of Returns. You may only create 5 tax returns per email address, per IRS regulations.
12. Links from and to this Website.
12.1 You acknowledge and agree that Common Form and any of its website co-branding providers have no responsibility for the accuracy or availability of information provided by linked sites. Links to external web sites do not constitute an endorsement by Common Form or its website co-branding providers of the sponsors of such sites or the content, products, advertising or other materials presented on such sites.
12.2 Information in the many web pages that are linked to Common Form's website comes from a variety of sources. Some of this information comes from official Common Form licensees, but much of it comes from unofficial or unaffiliated organizations and individuals, both internal and external to Common Form. Common Form does not author, edit, or monitor these unofficial pages or links. You acknowledge and agree that Common Form and its Website Co-branding Providers shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such external sites or resources.
13. Dispute Resolution.
13.1 In the event of any dispute or claim related to this Agreement ("Dispute"), you and Common Form agree to first attempt to meet and negotiate any Dispute (except those disputes expressly provided below) informally at least twice in the thirty (30) day period before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one party to the other party, setting forth the details and nature of the Dispute. You agree to send your notice to Common Form, Inc. at the address on our home page, ATTENTION: President. If you and Common Form are unable to resolve a Dispute through informal negotiations within the above time period, the Dispute shall be resolved by binding arbitration by one impartial arbitrator. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be conducted in San Diego, California in accordance with the rules and procedures of Judicial Arbitration and Mediation Services then in effect with respect to commercial disputes. The arbitrator shall be a retired state or federal court judge, and the two parties shall agree on an arbitrator within fifteen days after such 30 day period, and if they are unable to agree, then each party shall choose one arbitrator and such two arbitrators shall choose a third arbitrator, which third arbitrator shall be the sole arbitrator of the dispute. Each party shall share equally the costs of the arbitrator and the arbitration. The arbitration may be conducted in person, through the submission of documents, or by telephone, as determined by the arbitrator, in his or her discretion. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this agreement, you and Common Form may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. The arbitration of such issues, including the determination of any amount of damages suffered by any party hereto suffered by reason of the acts or omissions of any party, shall be final and binding upon all parties. Notwithstanding the foregoing, the arbitrator shall not be authorized to award punitive damages with respect to any such claim or controversy, nor shall any party seek punitive damages relating to any matter under, arising out of, or relating to this Agreement in any other forum. Except as otherwise set forth in this Agreement, the costs of any arbitration hereunder including the costs of the records or transcripts thereof, if any, administrative fees, and all other fees involved, including reasonable attorneys’ fees incurred by the party determined by the arbitrator to be prevailing party, shall be paid by the party determined by the arbitrator not to be the prevailing party, or otherwise allocating in an equitable manner as determined by the arbitrator. The arbitrator will make a decision in writing, and shall provide a statement of reasons for the decision within thirty (30) days after the arbitration.
13.2 You and Common Form agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or Common Form’s intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief.
14.1 You agree that Common Form is not acting as your agent or fiduciary in connection with your use of the Software or any Services.
14.2 Common Form is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing on our Website, and is the copyright owner or licensee of the content and/or information on this Website including but not limited to any screens appearing on our Website. You may not download and/or save a copy of any of the screens except as otherwise provided in these Terms of Service, for any purpose. However, you may print a copy of the information on our Website for your personal use or records. If you make other use of our Website, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to penalties. Common Form does not grant any license or other authorization to any user of its trademarks, registered trademarks, service marks, or other copyrightable material or other intellectual property, by placing them on our Website.
14.3 Common Form reserves the right to change any information on this Website including but not limited to revising and/or deleting features or other information without prior notice. Clicking on certain links within this Website might take you to other web sites for which Common Form assumes no responsibility of any kind for the content, availability or otherwise. (See "Links from and to this Website" below.) The content presented at this Website may vary depending upon your browser limitations.
14.5 Unless otherwise indicated for a particular communication, any communications or material of any kind that you e-mail, post or otherwise transmit through this Website, including data, questions, comments or suggestions ("your Communications") will be treated as non-confidential and nonproprietary. In addition, Common Form is free to use any ideas, concepts, know-how or techniques contained in your Communications for any purpose including, but not limited to, developing and marketing products using such information without compensation to you.
14.6 Common Form takes reasonable and appropriate measures, including encryption, to ensure that your personal information is disclosed only to those specified by you. However, the Internet is an open system and we cannot and do not guarantee that the personal information you have entered will not be intercepted by others and decrypted.
14.7 IRS Circular 230 Notice. Nothing in our communications with you (including, but not limited to, any emails, web site content, attachments, enclosures or other accompanying materials) relating to any federal tax transaction or matter are considered to be "covered opinions" as described in Circular 230.