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Copyright © 2017 My1040 LLC

Terms of Service

Last updated: May 2, 2019

My1040 LLC (“we,” “us” or “our”) is a limited liability company incorporated the State of Colorado with its principal place of business in Denver, Colorado.  

We operate an application (My1040SM or the “App”) and a website (http://www.my1040.org or the “Site”).  

Please read carefully the following terms and conditions (the “Terms of Service”).  The Terms of Service govern your use of the App, your access to the Site and any related dealing that you may have with us (collectively, “Our Services”).

AGREEMENT TO TERMS OF SERVICE

BY USING OUR SERVICES, YOU AGREE THAT (I) YOU READ THE TERMS OF SERVICE, (II) YOU UNDERSTAND THE TERMS OF SERVICE, AND (III) YOU ARE BOUND BY THE TERMS OF SERVICE.  YOU MAY NOT USE OUR SERVICES IF YOU DISAGREE WITH ANY OF THESE CONDITIONS.

NO WARRANTY AND NO LIABILITY

WE PROVIDE OUR SERVICES “AS IS” WITHOUT ANY WARRANTY OF ANY KIND.  WE ARE NOT RESPONSIBLE FOR DELETION OR LOSS OF DATA OR RECEIPTS, TIMELINESS OF OUR SERVICES, OR THE FAILURE TO STORE ANY OF YOUR DATA, RECEIPTS OR SETTINGS.

ANY CONTACT OR DEALING THAT YOU MAY HAVE WITH ANYONE ARISING OUT OF OUR SERVICES IS STRICTLY AT YOUR OWN RISK.  WE ARE NOT LIABLE IN ANY MANNER FOR ANY LOSS, DAMAGE OR HARM OF ANY SORT THAT YOU OR ANY THIRD PARTY MAY INCUR AS A RESULT OF OUR SERVICES.

NOTWITHSTANDING THE PRECEDING PARAGRAPHS, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW IN ANY JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.

Cap on liability

If we are held liable notwithstanding the Terms of Service, our liability is capped at the greater of USD 50 and any monetary consideration that we received from you in exchange for Our Services.

Privacy

Please read the privacy policy that we posted on the Site and which we incorporate by reference into the Terms of Service.

    

Licenses

Subject to the Terms of Service, we grant you a non-exclusive, non-transferable and revocable license to download, install and use a copy of the App (and any future upgrade or update thereof) on any device that you own or control.  You grant us a non-exclusive, royalty-free, unrestricted, transferable and irrevocable license to any information that you share with us.

Intellectual property

We or our licensors own all of the content of the App and the Site including without limitations text, graphics, logos, icons, images, audio and video clips, data, software, trade names, trademarks, service marks and copyrights.  Requests for permission to reproduce or distribute any of the content of the App or the Site may be addressed to info@my1040.org.  The App uses images and icons that are subject to the license posted at https://creativecommons.org/licenses/by/3.0.

Registration and account information

You agree to (i) maintain the security of the password of your device, and (ii) accept all risk of unauthorized access to the information that you enter in the App.

Age restriction

You may use Our Services only if you are 13 years of age or older.

Saving of data and receipts

You understand and agree that (i) we do not save the data or receipts that you enter in the App and (ii) you may be required to present the receipts or a copy thereof to the Internal Revenue Service or any other taxing authority.

YOU ARE SOLELY RESPONSIBLE FOR SAVING AND BACKING-UP THE DATA AND RECEIPTS THAT YOU ENTER IN THE APP.

If you wish to save the receipts electronically, it is your responsibility to do so.  We suggest that (i) the picture of any receipt accurately and completely captures the information from the receipt, (ii) you save and backup each file, and (iii) you be able to print a legible copy of any receipt. 

No legal or accounting advice

We do not provide legal or accounting advice.  The tax laws are complicated.  Entering an expense in the App does not guarantee a tax credit, deduction or benefit.  You should consult a qualified professional if you need assistance interpreting the tax laws.

Third-parties

We may provide links or refer to third-party websites, applications or services.  We make no representation or warranty of any kind regarding third-party websites, applications or services.  You should review the applicable terms and policies of any such third-party.

User content

You are solely responsible for all content you enter or upload in the App.  You agree not to enter or upload (i) content that is unlawful or (ii) harmful files, data or code.

 

User conduct

You are solely responsible for your conduct and the conduct of anyone using your account.  You agree (i) not to use Our Services to facilitate any illegal activity, and (ii) not to modify or hack the App or the Site.

You may not (i) distribute, sell, lease or sublicense the App, (ii) copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivative works of the App (or any future upgrade or update thereof) except only to the extent that such restrictions are prohibited by law or (iii) generally infringe on any of our rights.  You may not use any computer code, data mining software or other automatic device (robot, bot, spider, etc.) to monitor or copy any of the content of the Site or the App.  Lastly, you may not direct any other person to do any of the foregoing on your behalf.

Modifications

The Terms of Service are effective as of the date stated above.  We may modify the Terms of Service.  If we modify the Terms of Service, we will post the modified Terms of Service on the Site, and the effective date of the modified Terms of Service will be 15 days from the posting date.  If you continue to use Our Services after the effective date, you agree to the modified Terms of Service.

Feedback

We encourage you to send us feedback.  You agree that (i) we will not compensate you for any such feedback and (ii) we will own all rights to the feedback and any resulting modification to Our Services.

Termination

You may uninstall or delete the App at any time.  All licenses that we granted you under the Terms of Services will cease immediately.  All other terms and conditions of the Terms of Service will survive.

Fees

We presently do not charge a fee for Our Services.  If we choose to charge a fee in future, we may do so only prospectively.

Electronic communication

We may choose to deliver any communication electronically, and you agree to such electronic delivery.

Entire agreement

The Terms of Service constitute the entire and exclusive agreement governing Our Services.

No waiver

Our failure to enforce any provision of the Terms of Service will not constitute a waiver of future enforcement of any provision.

If an arbitrator or a court finds any provision of the Terms of Service invalid, that provision will be enforced only to the maximum extent permissible and the other provisions of the Terms of Service will remain in full force and effect.

Dispute resolution

THE FOLLOWING PARAGRAPH REQUIRES YOU TO ARBITRATE DISPUTES WITH US.

You agree to arbitrate any dispute that arises from Our Services.  You further agree (i) to hold any arbitration proceedings in Denver, Colorado, (ii) to conduct all proceedings in accordance with the rules of the American Arbitration Association and the laws of the State of Colorado, and (iii) not to initiate or participate to any class arbitration or other representative proceeding.   

You also agree that the state or federal courts in Denver, Colorado have exclusive jurisdiction over any appeals of an arbitration award or any other matter.

Contact us

Please contact us at info@my1040.org if you have any questions. 

Thank you for using My1040.