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TERMS & CONDITIONS

Thank you for choosing United Tax Pros. We provide a Website
(the “website”) that encompasses a variety of services, including
online tax Preparation Services, business registration services, and
audit assistance. You are entering into a contract with Uptown Tax
Services LLC DBA United Tax Pros ® , United Tax Pros affiliates, and
United Tax Pros third party licensed locations.

If you are an individual acting on your company’s or client’s behalf,
you accept these provisions on their behalf, and the term “you” will
refer to you, your company or your client.

Agreement to these Terms

You need to agree to these terms to use our services. By using United
Tax Pros services, you are instructing us to share your data across
our platform for purposes described in our
Privacy Statement,
consistent with applicable law. This data may include personal
information and other information we obtain from you. As always,
United Tax Pros will not share your tax preparation data without your
explicit consent, as required by law.

To access and/or use the website, you acknowledge and agree:

• To the terms and conditions of this agreement (“Agreement”),
which includes:

o United Tax Pro’s
Privacy Statement
o The current version of the terms set out in this agreement
and

o Any additional provisions and conditions provided
separately to you for your use of the website, which may

 
 

include terms and conditions from third parties (which we
refer to as “Additional Terms”).

• You are at least 18 years of age;

• You are capable of forming a binding contract with United Tax
Pros; and

• You are not a person who is prohibited from using the Platform
under the laws of the U.S. or any other applicable jurisdiction.

Your Personal Information

You agree that United tax Pros may use and maintain your personal
information according to United Tax Pro’s
Privacy Statement and any
changes published by United Tax Pros.

• We want to be transparent about how we use personal
information and about your rights in our Privacy Statement. You
should only provide us with personal information of others if you
have received permission to do so.

To the extent we allow you to input personal information (as the term
is defined under applicable law) about individuals other than yourself,
you represent and warrant that you have complied with all applicable
laws and received the proper authority or consent to allow us to collect
and process such information to operate our business, in accordance
with our
Privacy Statement. You further agree that, other than with
respect to information furnished to United Tax Pros in connection with
the preparation of an individual or business tax return, any sharing of
personal information among United Tax Pros and its affiliates is
contemplated as part of the website. You agree such sharing does not
constitute a “sale” of information as defined under the California
Consumer Privacy Act.

• By using our Products and Services, you represent and warrant
that your information is true and accurate to the best of your
knowledge. You agree not to submit false information such as

 
 

name, email, address, telephone number, social security
number, or any inaccurate information when using our services.

•
You represent that all information you provide is accurate,
consistent, and complete and that you have the right to provide
the information to us. You understand that we are relying upon
information provided by you (including information on source
documents), and we do not independently verify information that
you provide. It is your responsibility to substantiate the basis for
any claimed credits, deductions, or expenses. You grant United
Tax Pros a perpetual and royaltyfree license to reproduce, use,
store, and process any information that you provide, including
Tax Information and other personal information in accordance
with Federal and State law. If you provide, or we reasonably
believe you have provided, information that is false, incorrect,
incomplete, pornographic, or improper, we have the right to
delete the information, and refuse all current or future use of the
Products and Services.

Your Rights to Use the Website

• You can use our Website for your own personal and lawful use
or as otherwise permitted under this Agreement.

• Minimum Age. You must be 18 years of age or older to use the
Products and Services. You represent you are 18 years of age or
older.

• Payment of Applicable Fee. Your use of the Products and
Services may require you to pay a fee to United Tax Pros, and
your use of certain Products and Services may be conditioned
upon paying the applicable fee for such Products and Services. If
United Tax Pros processes your payments using a thirdparty
payment processor, such payments will be governed by the
thirdparty payment processor’s terms of use and privacy policy.
If you obtain a Refund Transfer, your fees are not due until after
all services are complete, which is typically when your refund is
received and your authorized payments are disbursed, but in any
event, no more than 30 days after your tax return is efiled.

 

• Prohibited use. You must not, directly or indirectly use the
Products and Services in a way that is unlawful.

You will notify us immediately of any unauthorized use of the
Products and Services including submitting wrong of fraudulent
information to our website.

Content and Data

• What’s yours remains yours, what’s ours remains ours, but we
may use information you provide to improve our website.

• Your Content remains yours, which means that you retain any
intellectual property rights that you have in your Content. By
sharing your Content on the Service, you hereby grant United
Tax Pros a license to use your Content, as described in this
agreement.

• You will not export the Products and Services or other materials
provided by us without obtaining United Tax Pros prior written
consent.

• You are solely responsible for compliance with all applicable
laws, regulations, statutes, ordinances, and governmental
authority rules regarding your use of the Products and Services,
including those related to data privacy, international
communications and the transmission of personal data.

• The Products and Services, modifications, copyrights, patents,
trade secrets, trademarks, and other intellectual property rights
pertaining to any aspect of the Products and Services are our
exclusive property. You acquire no ownership interest, derivative
work, or component of the Products and Services through your
use of the Products and Services. You are not granted right, title,
or interest to any trademark, service mark, logo, or trade name of
United Tax Pros under this Agreement.

Prohibited Uses

 

• We expect you to obey the law and follow certain rules in using
the Website.

United Tax Pros does not condone or support any activity that is
illegal, violates the rights of others, harms or damages United Tax
Pros reputation or could cause United Tax Pros to be liable to a third
party. At minimum, you may not use the website to:

● Violate any law, regulation, executive order or ordinance,
including through actions that give rise to criminal, civil,
administrative or regulatory liability and/or fines;

● Post or share Content that is or may be illegal or
inappropriate, including material that may be defamatory,
obscene, harassing, offensive, fraudulent, objectionable or
infringing;

● Transmit any virus, trojan horse or other disruptive or
harmful software or data;

● Send any unsolicited or unauthorized advertising, such as
spam;

● Impersonate or misrepresent your affiliation with United Tax
Pros;

● Resell, license or provide free or unauthorized access to our
Website.

● Attempt to reverse engineer in any way any of the Website;

● Engage in unauthorized access, monitoring, interference
with or use of the Website or information (including personal
information), computers, systems or networks, including scraping
or downloading content that doesn’t belong to you;

● Encourage or enable any other individual to do any of the
above or otherwise violate this Agreement.

 

We take copyright seriously at United Tax Pros. We respect the
copyrights of others and expect you to do the same.

United Tax Pros may terminate your use of the Website based on our
reasonable suspicion that your activities, business or products are
objectionable or promote, support or engage in any of the prohibited
uses described above.

United Tax Pros may (but has no obligation to) monitor the use of the
Website or Content and may edit or remove any Content. We may
disclose any information necessary to satisfy our legal obligations,
protect United Tax Pros or its customers or operate the website
properly.

Your Access to Products and Services

• Cancelation or modification of Products and Services. We
reserve the right to: change the Products and Services at any
time, without notice, and for any reason; or cancel or terminate
your use of the Products and Services if you violate this
Agreement. We will not be liable to you or any third party for any
modification or discontinuance of Products and Services.

• Technical difficulties. We cannot always anticipate technical or
other difficulties. These difficulties may result in loss of your data,
personal settings, or other interruptions to the Products and
Services. We have no responsibility for the timeliness, deletion,
misdelivery, or failure to store any data, communications, or
personal settings with the Products and Services.

Electronic Filing (efile).

• Your responsibility. You are solely responsible for verifying that
your tax returns have been filed and received by the applicable
Revenue Authorities. You are responsible for taking appropriate
alternative actions if necessary to ensure the Revenue Authority
receives your tax return, and for retaining a copy of your tax
returns for your records.

 

• You have the sole responsibility and liability for reviewing and
verifying all tax returns and results from the Products and
Services for accuracy and completeness.

• State requirements. The ability to efile your state tax return
depends on the policy of each individual state. As such, efiling
may not be available in some states. Some states may require
you to efile your personal federal and state tax returns at the
same time.

• Our limited responsibility to efile. If a United Tax Pros tax
professional does not file your tax return and you select, qualify
for, and pay applicable fees, our only responsibility with respect
to efiling your tax return is limited to using commercially
reasonable efforts to send your tax return electronically to the
Revenue Authority.

Second Opinion

• If you select and pay for the Second Opinion service, United Tax
Pros or Licensees (collectively, Tax Pros) may provide tax
advice, review a tax return you have prepared, prepare your tax
return using information you have provided, and efile your tax
return with the Revenue Authority, as applicable.

• Your responsibilities. You must cooperate with the Tax Pros,
provide all information and copies of all documents requested,
and review information provided by your Tax Pros in a timely
manner that is reasonably in advance of any applicable tax filing
deadlines.

• If you complete the requirements above and otherwise comply
with the terms of this Agreement, we agree to use commercially
reasonable efforts to provide the Tax Pros second opinion
service you have selected and paid for.

• If you do not complete the requirements above, or the
information provided is inaccurate, inconsistent, or incomplete,
your tax return may be inaccurate or incomplete, and any
guarantee offered by us will be void.

• Additional fees. The Tax Pros may charge an additional hourly
service fee for manual data entry, tax schedules, or any other
service.

 

Bill of Rights.
• If you reside in Chicago, you can find the Chicago Bill of Rights
Regarding Tax Preparation Services.

https://www.chicago.gov/content/dam/city/depts/bacp/Consumer%20I
nformation/20161102consumerbillofrightstaxpreparer.pdf

• If you reside in Chicago, you can find the Chicago Bill of Rights
Regarding Tax Preparation Services here and Chicago
Disclosure Form

https://www.chicago.gov/content/dam/city/depts/bacp/Consumer
%20Information/20161102consumerbillofrightstaxpreparer.pdf

• If you reside in New York state, you can find the New York Consumer
Bill of Rights Regarding Tax Preparers.

https://www.tax.ny.gov/pdf/publications/income/pub135.pdf

• If you reside in New York state, you can find the New York
Consumer Bill of Rights Regarding Tax Preparers

https://www.tax.ny.gov/pdf/publications/income/pub135.pdf

• If you reside in New York City, you can find the New York City
Consumer Bill of Rights Regarding Tax Preparers.

https://www.nyc.gov/assets/dca/downloads/pdf/consumers/Consumer
BillofRightsRegardingTaxPreparersEnglish.pdf

Your Duties.

• You must provide us with accurate, consistent, and complete
information that we request to provide or supply you with one or
more of the benefits associated with Full Service Tax
Preparation which may include, without limitation your name,
address, telephone number, email address, Social Security
number, income documents (W2, 1099, etc.), deduction and
credit documentation, receipts, and other personal information.
You will provide this information by dropping off your documents
at your local office, uploading relevant documents to the website,
or to your tax professional through our secure site. If we are
unable to obtain the required personal information from you, Full
Service Tax Preparation may be unavailable, limited, or reduced.

 
 

• Review and Approve Returns. After your tax professional
completes your federal and state tax returns, you must review
and approve all returns before your tax professional can file your
tax returns for you. We will not file any tax returns unless we
receive your approval. If you identify any errors in your tax return
during your review (and before you approve), your tax
professional will work with you to correct any errors.

• We will not file any tax returns until we receive payment for your
tax returns (or you agree to the appropriate paperwork if you are
paying for your tax preparation fees with your refund).

• YOU HAVE THE OBLIGATION TO PAY ALL YOUR TAX
LIABILITY FOR CURRENT AND FUTURE TAX YEARS,
INCLUDING PAYMENT OF PROPER WITHHOLDINGS AND
QUARTERLY ESTIMATED TAX PAYMENTS, AND TO
COMPLY WITH ALL FILING REQUIREMENTS DURING AND
SUBSEQUENT TO OUR ASSISTED TAX PREPARATION
SERVICES.

Qualifying for reimbursement

• To qualify for the reimbursement, all the following conditions
must be met:

• The penalty and interest are for your tax year personal or
business return prepared and filed by United Tax Pros or its
affiliates.

• You used our service Second opinion, or Full Service Tax
Preparation in accordance with all terms and conditions of this
Agreement and any operating instructions.

• You filed the return by April 15, 2023, or you filed the return by
the filing date that was properly extended for its current tax year.

• You paid the amount of penalties and interest to a Revenue
Authority.

• The penalty and interest caused solely and directly because of:

(a) an arithmetic error made by the Software;

(b) incorrect tax advice given in writing by a Untied Tax Pros preparer;

(c) a tax professional error on your return.

(6) If you used Second Opinion or Full Service Tax Preparation, you
notified your tax professional each notification must be made within

 

thirty (30) days after the penalty or interest was assessed or you
received a notice from any Revenue Authority regarding your tax
return, whichever is earlier.

• You timely sent us complete documentation of the penalty and
interest, including:

(a) all correspondence to and from each Revenue Authority.

(b) proof that you paid the penalty and interest; and

(c) any other relevant information we reasonably request.

• You took any action reasonably requested by us including filing
an amended tax return, if necessary, to limit any further penalties
and interest from accruing.

• You paid any applicable fees for license of the Software and the
Products and Services at the time of the initial filing or printing of
your tax return.

• The penalty or interest is not based on incorrect advice you
received from us that you knew was incorrect at the time you
filed your return.

• You did not provide any inaccurate, inconsistent, or incomplete
information in connection with your tax return.

• Second Opinion, or Full Service Tax Preparation is originally
licensed to you and is not assigned or otherwise transferred from
another party.

• Ineligibility for reimbursement. We will not reimburse you for
penalty or interest resulting from:

• your choice to take a credit or deduction suggested to you by
another party;

• any form not supported by the Software.

• interest from the filing deadline to the date you filed your return if
you filed your return late.

• more than an aggregate of ten thousand dollars ($10,000) in
interest and penalties owed to any Revenue Authorities based
on all federal or state tax returns, including business returns, you
filed for the 2022 tax year using the website.

• incorrect entry of data by you or any third party;

• data incorrectly imported into the website, Importing of Tax
Information, or by email;

EXCLUDED FROM YOUR LICENSE AND USE OF THE
PRODUCTS AND SERVICES. SOME STATES, INCLUDING
NEW JERSEY, DO NOT ALLOW EXCLUSIONS OR
LIMITATIONS OF IMPLIED WARRANTIES. IF YOU LIVE IN
ONE OF THESE STATES, THE ABOVE LIMITATIONS DO NOT
APPLY TO YOU AND IN SUCH CASE, ANY IMPLIED
WARRANTIES ARE LIMITED IN DURATION TO THE MINIMUM
PERMISSIBLE UNDER APPLICABLE LAW FROM THE DATE
YOU FIRST ACCESSED, USED OR ACQUIRED THE
PRODUCTS AND SERVICES

• Disclaimer of express warranty. OTHER THAN EXPRESSLY
PROVIDED IN THIS AGREEMENT, UNITED TAX PROS,
UNITED TAX PROS AFFILIATES, AND LICENSEES DO NOT
WARRANT OR PROMISE THAT THE PRODUCTS AND
SERVICES WILL IDENTIFY THE APPROPRIATE
DOCUMENTS FOR YOUR NEEDS, THAT THE OPERATION
OF THE PRODUCTS AND SERVICES WILL BE
UNINTERRUPTED, OR THAT THE PRODUCTS AND
SERVICES ARE FREE FROM BUGS OR ERRORS. OTHER
THAN EXPRESSLY PROVIDED IN THIS AGREEMENT,
UNITED TAX PROS, UNITED TAX PROS AFFILIATES, AND
FRANCHISEES MAKE NO OTHER PROMISES ABOUT
PERFORMANCE, ACCURACY, OR RELIABILITY OF THE
PRODUCTS AND SERVICES OR THEIR ABILITY TO MEET
YOUR REQUIREMENTS. WHILE UNITED TAX PROS, UNITED
TAX PROS AFFILIATES, AND LICENSEES ARE PROVIDING
THE PRODUCTS AND SERVICES TO ASSIST YOU IN
PREPARING AND FILING YOUR TAX RETURNS AND OTHER
FUNCTIONS, THE PRODUCTS AND SERVICES DO NOT
REPLACE YOUR OBLIGATION TO EXERCISE YOUR
INDEPENDENT JUDGMENT IN USING THE PRODUCTS AND
SERVICES. YOU ARE SOLELY RESPONSIBLE FOR
CORRECTLY INPUTTING YOUR INFORMATION INTO THE
PRODUCTS AND SERVICES AND FOR VERIFYING ALL
OUTPUTS RESULTING FROM YOUR USE OF THE
PRODUCTS AND SERVICES. OTHER THAN EXPRESSLY
PROVIDED IN THIS AGREEMENT, UNITED TAX PROS,

 

UNITED TAX PROS AFFILIATES, AND LICENSEES DO NOT
WARRANT ANY PARTICULAR RESULTS THAT YOU MAY
OBTAIN IN USING THE PRODUCTS AND SERVICES.

The Products and Services are not legal advice.

YOU ACKNOWLEDGE THAT UNITED TAX PROS AND ITS
RESPECTIVE LICENSORS, UNITED TAX PROS AFFILIATES, AND
LICENSEES DO NOT PRACTICE LAW NOR ARE THEY
PROVIDING OR RENDERING ANY SUCH LEGAL ADVICE,
FINANCIAL ADVICE, OR INVESTMENT RECOMMENDATIONS.
YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE
PRODUCTS AND SERVICES ARE NOT SUBSTITUTES FOR THE
ADVICE OF AN ATTORNEY OR OTHER COMPETENT FINANCIAL
PROFESSIONAL. YOU FURTHER ACKNOWLEDGE AND AGREE
THAT LAWS VARY FROM STATE TO STATE AND CHANGE OVER
TIME AND THAT THE FINAL DOCUMENTS, FORMS AND LETTERS
SHOULD BE REVIEWED BY AN ATTORNEY OR OTHER
COMPETENT FINANCIAL PROFESSIONAL BEFORE USE AND
BEFORE YOU FILE YOUR TAX RETURN.

Exclusive remedy.

• EXCEPT AS EXPRESSLY PERMITTED BY THIS
AGREEMENT, YOUR EXCLUSIVE REMEDY AND THE
ENTIRE LIABILITY OF UNITED TAX PRSOS AND ITS
LICENSORS, UNITED TAX PROS AFFILIATES AND
LICENSEES WITH RESPECT TO YOUR USE OF THE
PRODUCTS AND SERVICES WILL BE LIMITED TO THE
AMOUNT PAID BY YOU TO UNITED TAX PROS FOR THE
PRODUCTS AND SERVICES. IN NO EVENT WILL UNITED
TAX PRSOS AND ITS LICENSORS, UNITED TAX PROS
AFFILIATES AND LICENSEES BE LIABLE TO YOU,
REGARDLESS OF THE FORM OF ACTION, WHETHER IN
CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, FOR
ANY TAX LIABILITIES OR ANY INDIRECT, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES INCLUDING,
BUT NOT LIMITED TO, LOST DATA, LOST PROFITS OR
BUSINESS, LOSS OF USE, OR FOR ANY CLAIM OR DEMAND

 

AGAINST YOU BY ANY OTHER PARTY, EVEN IF UNITED
TAX PRSOS AND ITS LICENSORS, UNITED TAX PROS
AFFILIATES AND LICENSEES HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES

• No additional liability. You agree that united tax pros and its
licensors, united tax pros affiliates and licensees will not at any
time have any additional liability for any claim, cause of action or
injury that you or any other person may have as a result of: (1)
your use of, or inability to use, the Products and Services; (2)
your use of any documents generated by the Products and
Services; (3) your retention of, or your failure to consult or retain,
an attorney or other competent professional with respect to any
contract, document or legal matter; (4) connection or toll charges
for using the Products and Services or obtaining updates for the
Products and Services; or (5) any fees, costs or expenses
arising out of troubleshooting or technical support for the
Products and Services.

States excluded.

SOME STATES, INCLUDING NEW JERSEY, DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES. IF YOU LIVE IN ONE OF THESE
STATES, THE ABOVE LIMITATION OR EXCLUSION DOES NOT
APPLY TO YOU.

Essential purpose of this agreement.

You agree that the essential purposes of this Agreement may be
fulfilled even with these limitations on liabilities. You acknowledge that
United Tax Pros would not be able to offer the Products and Services
on an economical basis without these limitations.

Indemnification.

You agree to defend and hold harmless united tax pros and its
licensors, united tax pros affiliates and licensees and their respective
current and former successors, assigns, officers, directors,
representatives, employees, and agents from and against any and all
claims, suits, settlements, losses, liabilities, penalties, damages

 

(including incidental and consequential damages), costs, and
expenses (including reasonable attorneys’ fees and expenses)
resulting from or arising out of your breach of this Agreement or your
User Content.

Scope of Arbitration Agreement.

You and the United Tax Pros parties agree that all disputes and
claims between you and the United Tax Pros Parties shall be resolved
through binding individual arbitration unless you opt out of this
Arbitration Agreement. To the fullest extent permitted by applicable
law, either you or the United Tax Pros Parties may elect that an
individual claim be decided in small claims court, as long as it is
brought and maintained as an individualized claim. All issues are for
the arbitrator to decide, except that issues relating to the arbitrability of
disputes and the validity, enforceability, and scope of this Arbitration
Agreement shall be decided by a court and not an arbitrator. The
terms “United Tax Pros Parties” or” we” or” us” in this Arbitration
Agreement include Uptown Tax Services LLC, Management Business
Advance, Inc., their direct or indirect parents, subsidiaries, and
affiliates; and the predecessors, successors, officers, directors,
agents, employees, and franchisees of any of them.

• Commencing arbitration. You or we may commence an
arbitration proceeding only if you and we do not reach an
agreement to resolve the dispute or claim during the Informal
Resolution Period (defined below).

• Pre-arbitration notice of dispute. A party who intends to seek
arbitration must first mail a written Notice of Dispute (“Notice”) to
the other party. The Notice to the United Tax Pros should be
addressed to: United Tax Pros-Legal Department, Attention:
Notice of Dispute, 1970 E. Osceola Pkwy Ste. 142 Kissimmee
FL, 34743. The Notice must be on an individual basis and
include all of the following: (1) the claimant’s name, telephone
number, and e-mail address; (2) the nature or basis of the
dispute or claim; and (3) the specific relief sought.

• Informal Settlement Conference. After the Notice containing all of
the information required above is received, within 60 days either
party may request a conference to discuss informal resolution of

 

the dispute (“Informal Settlement Conference”). If timely
requested, the Informal Settlement Conference will take place at
a mutually agreeable time by telephone or videoconference. You
and our business representative must both personally participate
in a good-faith effort to settle the dispute without the need to
proceed with arbitration. The requirement of personal
participation in an Informal Settlement Conference may be
waived only if both you and we agree in writing. Any counsel
representing you or us may also participate; however, if you
have retained counsel, a signed statement is required by law to
authorize the United Tax Pros Parties to disclose your
confidential tax and account records to your counsel. Any
applicable statute of limitations will be tolled during the period
between the date that either you or we send the other a fully
complete Notice, until the later of (1) 60 days after receipt of the
Notice; or (2) if a Settlement Conference is timely requested, 30
days after completion of the Settlement Conference (the
“Informal Resolution Period”). The parties agree that the
existence or substance of any settlement discussions shall not
be disclosed.

• Enforcement of pre-arbitration requirements. A court will have
the sole authority to enforce this agreement, including the power
to enjoin the filing or prosecution of an arbitration if you or we do
not first provide a fully complete Notice and participate in a timely
requested Informal Settlement Conference.

• How arbitration works. Arbitration shall be conducted by the
American Arbitration Association (“AAA”) pursuant to its
Consumer Arbitration Rules (“AAA Rules”), as modified by this
Arbitration Agreement. AAA Rules are available on AAA’s
website http://www.adr.org, or by calling AAA at (800) 778-7879. If
AAA is unavailable or unwilling to administer the arbitration
consistent with this Arbitration Agreement, the parties shall agree
to, or the court shall select, another arbitration provider. Unless
the parties agree otherwise, any arbitration hearing shall take
place in the county of your residence. If you accept this
Agreement outside the United States, the arbitration hearing
shall take place in the county in which you last resided in the

 

United States. The arbitrator will be either a retired judge or an
attorney specifically licensed to practice law in the state of your
residence and selected by the parties from the arbitration
provider’s national roster of arbitrators. The arbitrator will be
selected using the following procedure: (1) the arbitration
provider will send the parties a list of five candidates meeting this
criteria; (2) if the parties cannot agree on an arbitrator from the
list, each party shall return its list to the arbitration provider within
10 days, striking up to two candidates, and ranking the remaining
candidates in order of preference; (3) the arbitration provider
shall appoint as arbitrator the candidate with the highest
aggregate ranking; and (4) if for any reason the appointment
cannot be made according to this procedure, the arbitration
provider will provide the parties a new list of five candidates
meeting the above criteria until an appointment can be made.

• Waiver of right to bring class action and representative
claims. All arbitrations shall proceed on an individual basis. The
arbitrator is empowered to resolve the dispute with the same
remedies available in court, including compensatory, statutory,
and punitive damages; attorneys’ fees; and declaratory,
injunctive, and equitable relief. However, the arbitrator’s rulings
or any relief granted must be individualized to you and shall not
apply to or affect any other client. The arbitrator is also
empowered to resolve the dispute with the same defenses
available in court, including but not limited to statutes of
limitation. You and the United Tax Pros Parties also agree that
each may bring claims against the other in arbitration only in
your or their respective individual capacities and in so doing you
and the United Tax Pros Parties hereby waive the right to a trial
by jury, to assert or participate in a class action lawsuit or class
action arbitration, to assert or participate in a private attorney
general lawsuit or private attorney general arbitration, and to
assert or participate in any joint or consolidated lawsuit or joint or
consolidated arbitration of any kind. If a court decides that
applicable law precludes enforcement of any of this section’s
limitations as to a particular claim or any particular request for a
remedy for a claim (such as a request for public injunctive relief),

 

then the parties agree that the particular claim or the particular
request for a remedy (and only that particular claim or particular
request for a remedy) must remain in court and be severed from
any arbitration. No arbitration shall proceed in any manner as a
class action arbitration, private attorney general arbitration, or
arbitration involving joint or consolidated claims, unless all
parties consent in writing.

• Arbitration costs. Payment of all filing, administrative, arbitrator,
and hearing fees will be governed by AAA Rules, but if you
inform us that you cannot afford to pay your share of the fees,
we will consider advancing those fees on your behalf. In addition,
we will reimburse you for your share of the fees at the conclusion
of the arbitration (regardless of who wins), so long as (i) you
complied with sections 11.2 and 11.4 above and section 11.6
below, and (ii) neither the substance of your claim nor the relief
you sought was determined to be frivolous or brought for an
improper purpose as measured by the standards set forth in
Federal Rule of Civil Procedure 11(b); otherwise, the payment of
fees will be governed by AAA Rules and you agree to reimburse
the United Tax Pros Parties for all fees advanced on your behalf.

• Arbitration of similar claims. If 25 or more claimants submit
Notices raising similar claims and are represented by the same
or coordinated counsel, all of the cases must be resolved in
arbitration in stages using staged bellwether proceedings if they
are not resolved during the Informal Resolution Period. The
parties agree that the individual resolution of claims in arbitration
might be delayed if the claims are pursued in connection with 25
or more similar claims. In the first stage, the parties shall each
select up to 10 cases per side (20 cases total) to be filed in
arbitration and resolved individually in accordance with this
Arbitration Agreement, with each case assigned to a separate
arbitrator. In the meantime, no other cases may be filed in
arbitration. If the parties are unable to resolve the remaining
cases after the conclusion of the first stage bellwether
proceeding, each side may select up to another 10 cases per
side (20 cases total) to be filed in arbitration and resolved
individually in accordance with this Arbitration Agreement. During

 

this second stage, no other cases may be filed in arbitration. This
process of staged bellwether proceedings shall continue until the
parties are able to resolve all of the claims, either through
settlement or arbitration. If the filing procedures in this
agreement apply to a claimant’s Notice, any statute of limitations
applicable to the claims set forth in that Notice will be tolled from
the time the first cases are selected for a bellwether proceeding
until the claimant’s Notice is selected for a bellwether
proceeding, withdrawn, or otherwise resolved. A court will have
the sole authority to enforce this agreement and, if necessary, to
enjoin the filing or prosecution of arbitrations.

• Other terms. This Arbitration Agreement shall be governed by,
and interpreted, construed, and enforced in accordance with, the
Federal Arbitration Act and other applicable federal law. Except
as set forth above, if any portion of this Arbitration Agreement is
deemed invalid or unenforceable, it will not invalidate the
remaining portions of the Arbitration Agreement. Notwithstanding
any provision in this Agreement to the contrary, we will not make
any material change to this Arbitration Agreement without
providing you with an opportunity to reject that change by
following the directions in the notice of changes. Rejection of any
future change will not impact this or any other arbitration
agreement between you and the United Tax Pros Parties. No
arbitration award or decision will have any preclusive effect as to
any issues or claims in any dispute, arbitration, or court
proceeding where any party was not a named party in the
arbitration, unless and except as required by applicable law.

SMS Text Messages

You can receive different types of text messages from us, including
refund status and promotional offers. If you agree to receive text
messages from us, you agree to and understand the following:

(A) Your wireless service carrier’s standard text message and data
rates may apply.

(B) You agree that we may communicate with you by automated SMS,
MMS, text message or other electronic means to your mobile device.

(C) Message frequency varies.

 

(D) In the event you change or deactivate your mobile telephone
number, you agree to promptly update your information.

(E) We may send you a message to confirm your choice to receive
text messages.

(F) You can cancel text messaging at any time by replying STOP to
the most recent text message you received.

Termination of this Agreement

• Without prejudice to any other rights, United Tax Pros may
immediately terminate this Agreement if you fail to comply with
these terms and conditions. Upon termination of this Agreement,
you must immediately stop use and access to the Products and
Services. All provisions of this Agreement that are intended to
survive or that must survive in order to give effect to its meaning
will survive the termination or expiration of this Agreement.

Governing law.

• Except as otherwise provided in the Arbitration Agreement, this
Agreement is governed by, interpreted, construed, and enforced
in accordance with the law of the state where you accepted this
Agreement except to the extent inconsistent with or preempted
by federal law.

Entire agreement.

• Except as otherwise provided in the Arbitration Agreement, this
Agreement is the entire and exclusive agreement between the
parties with respect to the Products and Services.

Consent to electronic communication.

This Electronic Communications Consent (“Consent”) provides
important information required by the Electronic Signatures in Global
and National Commerce Act (E-SIGN Act) and your consent to
electronic delivery of any Communications relating to your use of any
Products and Services (defined below) or your relationship with us.
You are not required to consent to receiving disclosures electronically,
but if you do not consent, you may not be able to proceed with using

 

the Products and Services electronically. References to “you” or
“your” herein refers to the individual(s) applying for or receiving any
Products and Services. References to “we” or “us” herein refers to
Uptown tax Services LLC, DBA United Tax Pros®, and Pathward,
National Association, as well their respective affiliates, or the
licensees of any of them, as applicable. “Products and Services”
means any products or services you apply for or receive while in a
United Tax Pros office or through a United Tax Pros website, whether
offered by United Tax Pros, Pathward, or one of their respective
affiliates or licensees.

The Refund Advance is an optional tax-refund related loan provided by Pathward®, N.A., Member FDIC (it is not the actual tax refund) at participating locations. Program availability and loan amounts may vary based on state and software provider. The amount of the loan and applicable interest will be deducted from tax refunds and reduce the amount that is paid directly to the taxpayer. Fees for other optional products or product features may apply. Tax returns may be filed electronically without applying for this loan. Loans offered in amounts of $250 (where available), $500, or $1,000, 25%, 50%, or 75% of your expected tax refund from $250 – $6,000. When calculating the amount of your loan, the amount of your “expected” tax refund may be affected by any refundable tax credits. Loans in the amounts of $250, $500, and $1,000 have an Annual Percentage Rate (APR) of 0.00%. Loans in the amounts of 25%, 50% or 75% of your expected tax refund have an APR of 36.0% with a minimum loan of $1,250. For example, $2,500 loan representing 50% of expected refund borrowed over 29 day term, total amount payable in a single payment is $2,571.51 including interest. Availability is subject to satisfaction of identity verification, eligibility criteria, and underwriting standards. Certain Refund Advance Loans are available at no cost to tax preparers and taxpayers and Pre-Acknowledgement Loans (approved prior to IRS Acknowledgement) have a $75 Marketing Fee. Office loan availability is dependent on ERO application approval and eligibility criteria.
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2014-2023 Uptown Tax Services LLC. All rights reserved. United Tax Pros is a registered trademark of Uptown Tax services LLC. Terms and conditions, features, support, pricing, and service options subject to change without notice. All bank products and services are offered by Pathward. All deposit accounts through Pathward are FDIC insured.