YouRefund Terms of Service
Thank you for selecting the Services offered by YouRefund Inc. and/or its subsidiaries and affiliates (referred to as "YouRefund", "we", "our", or "us"). Review this YouRefund Mobile Agreement ("Agreement") thoroughly. This Agreement is a legal agreement between you and YouRefund. By accepting electronically (for example, clicking "I Agree"), installing, accessing or using the Services, you agree to these terms. If you do not agree to this Agreement, then you may not use the Services.
This Agreement describes the terms governing your use of both the mobile application software and the YouRefund services provided to you, including content, updates and new releases, (collectively, the "Services"). It includes by reference:
2. Additional Terms and Conditions, which may include those from third parties.
3. 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
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 by YouRefund. YouRefund reserves all other rights in the Services. Until termination of this Agreement and as long as you meet any applicable payment obligations and comply with this Agreement, YouRefund grants to you a personal, limited, nonexclusive, nontransferable right and license to use the Services.
2. You agree not to use, nor 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:
1. Provide access to or give any part of the Services to any third party.
2. Reproduce, modify, copy, deconstruct, sell, trade or resell the Services.
3. Make the Services available on any file-sharing or application hosting service.
3. USE WITH YOUR MOBILE DEVICE
Use of these Services requires a compatible mobile device, Internet access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider.
YouRefund MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO:
i. THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION;
ii. ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND
iii. ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.
4. YOUR PERSONAL INFORMATION.
0. You are responsible for your content
You are responsible for all materials ("Content") uploaded, posted or stored through your use of the Services. You grant YouRefund 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. YouRefund 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:
a. 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;
b. Content that would impersonate someone else or falsely represent your identity or qualifications, or that constitutes a breach of any individual's privacy;
c. Except as permitted by YouRefund in writing, investment opportunities, solicitations, chain letters, pyramid schemes, other unsolicited commercial communication or engage in spamming or flooding;
d. Virus, trojan horse, worm or other disruptive or harmful software or data; and
e. Any information, software or Content which is not legally yours and without permission from the copyright owner or intellectual property rights owner.
1. Community forums.
The Services may include a community forum or other social features to exchange Content and information with other users of the Services and the public. YouRefund does not support and is not responsible for the content in these community forums. Please use respect when you interact with other users. Do not reveal information that you do not want to make public. Users may post hypertext links to content of third parties for which YouRefund is not responsible.
2. YouRefund may freely use feedback you provide.
You agree that YouRefund 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 YouRefund a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to YouRefund in any way.
3. YouRefund may monitor your Content.
YouRefund may, but has no obligation to, monitor content on the Services. We may disclose any information necessary to satisfy our legal obligations, protect YouRefund or its customers, or operate the Services properly. YouRefund, 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.
6. ADDITIONAL TERMS
0. YouRefund does not give professional advice.
Unless specifically included with the Services, YouRefund 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.
1. We may tell you about other YouRefund services.
You may be offered other services, products, or promotions by YouRefund ("YouRefund Services"). Additional terms and conditions and fees may apply. With some YouRefund Services you may upload or enter data from your account(s) such as names, addresses and phone numbers, purchases, etc., to the Internet. You grant YouRefund permission to use information about your business and experience to help us to provide the YouRefund Services to you and to enhance the Services. You grant YouRefund permission to combine your business data, if any, with that of others in a way that does not identify you or any individual personally. You also grant YouRefund permission to share or publish summary results relating to research data and to distribute or license such data to third parties.
YouRefund may be required by law to send you communications about the Services or Third Party Products. You agree that YouRefund may send these communications to you via email or by posting them on our websites
3. You will manage your passwords and accept updates.
You are responsible for securely managing your password(s) for the Services and to contact YouRefund 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.
7. DISCLAIMER OF WARRANTIES
0. YOUR USE OF THE 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, YouRefund, 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. YOUREFUND 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.
1. YouRefund, 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.
8. LIMITATION OF LIABILITY AND INDEMNITY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF YouRefund, 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, YouRefund, 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 YOUREFUND SYSTEMS REQUIREMENTS. THE ABOVE LIMITATIONS APPLY EVEN IF YouRefund AND ITS AFFILIATES AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF YouRefund, ITS AFFILIATES AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES AND ITS USE.
You agree to indemnify and hold YouRefund and its Affiliates and Suppliers harmless from any and all claims, liability and expenses, including reasonable attorneys' fees and costs, arising out of your use of the Services or breach of this Agreement (collectively referred to as "Claims"). YouRefund 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 reasonably cooperate as requested by YouRefund in the defense of any Claims.
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.
YouRefund may immediately, in its sole discretion and without notice terminate this Agreement or suspend the Services if you fail to comply with this Agreement or if you no longer agree to receive electronic communications. Upon termination you must immediately stop using the Services and any outstanding payments will become due. Any termination of this Agreement shall not affect YouRefundŐs rights to any payments due to it. YouRefund may terminate a free account at any time. Sections 2.2, 3 through 15 will survive and remain in effect even if the Agreement is terminated.
11. EXPORT RESTRICTIONS.
You acknowledge that the Services, including the mobile application, and the underlying software may include U.S. technical data subject to restrictions under export control laws and regulations administered by the United States government. You agree that you will comply with these laws and regulations, and will not export or re-export any part of the Services, in violation of these laws and regulations, directly or indirectly.
12. GOVERNING LAW.
Texas state law governs this Agreement without regard to its conflicts of laws provisions.
ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THE SERVICES OR THIS AGREEMENT WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this provision; the arbitrator shall apply Texas law to all other matters. Notwithstanding anything to the contrary, any party to the arbitration may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction. WE EACH AGREE THAT ANY AND ALL DISPUTES MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. BY ENTERING INTO THIS AGREEMENT AND AGREEING TO ARBITRATION, YOU AGREE THAT YOU AND YouRefund ARE EACH WAIVING THE RIGHT TO FILE A LAWSUIT AND THE RIGHT TO A TRIAL BY JURY. IN ADDITION, YOU AGREE TO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR LITIGATE ON A CLASS-WIDE BASIS. YOU AGREE THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THESE RIGHTS.
This Agreement, including the Additional Terms below, is the entire agreement between you and YouRefund and replaces all prior understandings, communications and agreements, oral or written, regarding its subject matter. If any court of law, having the jurisdiction, rules that any part of this Agreement is invalid, that section will be removed without affecting the remainder of the Agreement. The remaining terms will be valid and enforceable. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. You cannot assign or transfer ownership of this Agreement to anyone without written approval of YouRefund. However, YouRefund may assign or transfer it without your consent to (a) an affiliate, (b) a company through a sale of assets by YouRefund or (c) a successor by merger. Any assignment in violation of this Section shall be void. If you want to request a transfer of this Agreement, contact YouRefund via an email to: firstname.lastname@example.org
B. April 2016
YOUREFUND TAX REFUND SERVICES (hereinafter, "Services"). USE LIMITATIONS. IMPORTANT NOTICE. IF YOU ARE USING THE SERVICES, THE FOLLOWING TERMS APPLY TO YOU IN ADDITION TO THE GENERAL TERMS OF SERVICE ABOVE. These Additional Terms and Conditions shall prevail over any conflict or inconsistency with the General Terms of Service. Capitalized terms not otherwise defined below have the meanings provided in the General Terms of Service.
1. LICENSE GRANT AND RESTRICTIONS.
The Services are protected by copyright, trade secret, and other intellectual property laws. As long as you comply with this Agreement, YouRefund grants to you a personal, limited, nonexclusive, nontransferable license to use the Services. In addition, your right to use the Services is only for the purposes described herein. YouRefund reserves all rights of ownership in the Services. YouRefund may terminate this Agreement and your license to use the Services if you fail to comply with these terms.
The Services is designed to help you track the status of your electronically-filed Texas state sales tax return and any applicable refund, based on the data you enter. Use of the Services for any other purpose is beyond the scope of the Services. YouRefund is not providing a tax preparation service through the Services, and makes no guarantee that using the Services will maximize any tax refund or minimize any tax amounts that may be owed.
Through accepting this agreement and through the use of our product you give YouRefund the assignment of right to a refund as defined by the Comptroller of Public Accounts for the State of Texas according to the Texas Administrative Code Rule 3.360. YouRefund will, with your permission, hereby granted in this agreement use your name and signature in all legal documentation required to issue an Export Certification Form related only with the purchases that you personally made and are personally requesting a refund through the use of our Services.
YouRefund is providing the Services based on a flat percentage fee depending on your refund application. You can review our detailed fees at www.yourefund.com. You may also be required to pay fees charged by others in connection with your use of the Services. For example, your mobile telephone company may impose charges for use of your mobile device. It is your responsibility to understand and pay for all such charges.
3. ADDITIONAL THIRD PARTY SOFTWARE LICENSING TERMS.
The Services may contain third party software components which are governed by and subject to commercial terms and licenses as provided in below. You must comply with any such commercial terms and licenses with regard to these separate third party software components. YouRefund makes no warranty concerning these third party software components.
4. MOBILE APP STORE REQUIREMENTS
0. Apple Requirements. If you downloaded the Services from the Apple iTunes App Store, the following terms also apply to you:
. Acknowledgement: You acknowledge that this Agreement is between you and YouRefund only, and not with Apple, and YouRefund, not Apple, is solely responsible for the Services and the content thereof.
A. Scope of License: The license granted to you for the Services is a limited, non-transferable license to use the Services on an iPhone OS Product that you own or control and as permitted by the Usage Rules set forth in the Apple iTunes App Store Terms of Service.
B. Maintenance and Support: YouRefund and not Apple is solely responsible for providing any maintenance and support services with respect to the Services. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Services.
C. Warranty: YouRefund is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Services to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Services to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Services, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be YouRefundŐs sole responsibility.
D. Product Claims: YouRefund, not Apple, is responsible for addressing any user or third party claims relating to the Services or the userŐs possession and/or use of the Services, including, but not limited to: (i) product liability claims; (ii) any claim that the Services fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
E. Intellectual Property Rights: You acknowledge that, in the event of any third party claim that the Services or your possession and use of the Services infringes that third partyŐs intellectual property rights, YouRefund, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
F. Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a Ňterrorist supportingÓ country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
G. Developer Contact Info: Direct any questions, complaints or claims to: YouRefund Inc, 800 W 38th St. Apt 1209, Austin, Texas, 78705.
H. Third Party Terms of Agreement: You must comply with any applicable third party terms of agreement when using the Services, e.g., if you are using a VoIP application, then you must not be in violation of their wireless data service agreement when using the Services.
I. Third Party Beneficiary: You acknowledge and agree that Apple and AppleŐs subsidiaries are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement against you as a third party beneficiary thereof.