TERMS OF USE/USER AGREEMENT

GREENBACK ETS, LLC

By registering and enrolling electronically through www.greenbacktaxservices.com (“the Website”), you (“I, Your, Client”) agree to be provided with Tax Preparation, Consultations, and/or Tax Return Services (hereafter referred to collectively as “tax return” or “Services”) by Greenback ETS, LLC (“Company”), and you are entering into a legally binding agreement with the Company, subject to the following terms and conditions:

  1. TERMS AND ACKNOWLEDGEMENTS.
    • I, the Client, acknowledge that I am engaging the Company to prepare my United States tax return for the current year in accordance with the fee schedule as dictated at the Website.
    • I further acknowledge that it is my responsibility to provide all of the information required for the complete and accurate preparation of this return. The Company will not audit or otherwise verify the data I submit.
    • As the taxpayer, I have the final responsibility for the income tax returns and I acknowledge that I understand the importance in carefully reviewing the returns before signing them.
    • I understand that the Company is in no way affiliated with or responsible for decisions, timing, or other activities of the United States Internal Revenue Service (IRS) or any other government agency.
    • This Agreement covers only the preparation of my tax return, and does not apply to services related to an audit of the return by the IRS, other government agency, additional correspondence with a government agency, or other services that may be required after the filing of my return(s).
    • I understand that all of the information I provide will be kept confidential; however, I understand that any discussion with any member of the Company is not protected by any form of protected privilege.
    • I understand that the law provides various penalties that may be imposed when a taxpayer understates their tax liability or does not file returns and Foreign Bank Account Reporting (FBAR) prior to the statutory deadlines.
    • I understand that tax refund estimates provided by the Company are estimates only and may not be equal to the amount of actual refund provided by the IRS or other government agency.
    • I understand there may be an instance where it is my responsibility to physically mail in my tax return and that the Company will alert me to such instance, and it is then my responsibility to submit my tax return directly to the IRS.
    • I agree to transmit any private documents or other personal information to the Company via secure online upload service (“User-Portal”) that are setup as part of this Agreement. I agree to notify the Company for any breach of security or unauthorized use of information while using Company’s User-Portal.
  1. PAYMENT POLICY.
    • Upon execution of this Agreement, and upon review and completion of the tax return, the Client agrees to pay to the Company the flat-fee purchase amount as stated on the Website or the amount as communicated by the Company to the Client in the instance that additional forms or services may be required.
    • Payment is due within five (5) business days of approving the draft tax return. The Company reserves the right to charge twenty-five dollars ($25 USD) per day if full payment is not made within the limits above.
    • After receipt of payment, the Company will submit the tax return to the appropriate authorities or direct the Client to do so if necessary.
    • In the event Client fails to make payment, Company has the right to immediately discontinue Services and remove Client from accessing any files and the User-Portal.
  1. TERMINATION AND TERM OF AGREEMENT. The Company reserves the right to terminate this Agreement at any time. This Agreement will stand for the duration of the Services, as well as any subsequent Services purchased by the Client. Client agrees to be bound to these terms, whether it is a repeat or new Service, and for the duration of each Service. Should the Company make any material changes to this Agreement or Services, a new agreement will be entered into prior to providing service.
  1. DISCLAIMERS. The Company makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current or error-free. Any testimonials or examples shown through this Website are only examples of what may be possible for you. There can be no assurance as to any particular outcome based on the use of Website, programs and/or services. By participating in Services, you acknowledge that you are participating voluntarily in using this Site and that you are responsible for your choices, actions and results, now and in the future. You accept full responsibility for the consequences of your use of any information provided on or through this Website.
  1. USER-PORTAL AGREEMENT. In order to utilize our Services, You, the Client, will be asked to create a user account in the Company’s Website/User-Portal. You are responsible for maintaining the confidentiality of your account, password, and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account. The Company may terminate your password, account (or any part thereof) or use of the Website at any time and for any or no reason. The Company will not be liable to you or any third-party for any termination of your access to the Website.
    • The Company will receive and store certain personal information, including but not limited to tax information, that You provide to us in the registration process, whether through our Website or by email. This information may include your name, address, telephone number, social security number, credit card information, birth date, gender, occupation, marital status, email address, and other similar personal or preference data that you provide to the Company. Whether or not You provide such information is completely your own choice. However, You understand that due to the nature of our Service, we cannot provide our Service if you do not provide use with such information.
    • You agree that any information you provide to us through the Website and/or User-Portal will be accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete as of the date the information was provided, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right, without limitation, to suspend or terminate your account and to refuse any and all current or future use of the Website (or any portion thereof) and the Services.
  1. OTHER ACKNOWLEDGEMENTS. 
    • You, the Client understand and agree that through purchasing the Services is also a consent to disclose that may result in Your tax return information being disclosed to a tax return preparer located outside the United States, including your personally identifiable information such as your Social Security Number (“SSN”). Both the tax return preparer in the United States that will disclose your SSN and the tax return preparer located outside the United States that will receive your SSN maintain an adequate data protection safeguard (as required by the regulations under 26 U.S.C. section 7216) to protect privacy and prevent unauthorized access of tax return information. If you consent to the disclosure of your tax return information, federal agencies may not be able to enforce United States laws that protect the privacy of your tax return information against a tax return preparer located outside of the United States to whom the information is disclosed. 
    • This Company, its content, and the Services herein are not in any way affiliated with or endorsed by the IRS. The Company offers tax preparation services and is not responsible for refund amounts, timing of refunds, or other activities controlled by the IRS. There is no guarantee that estimates provided are accurate and actual refund amount may differ significantly.
    • Neither the Company nor its representatives are engaged in rendering tax advice, legal advice or services, or other such advice. The Company cannot guarantee the outcome of any tax filing, tax refund, or other products and/or services. The Company cannot make any guarantees other than to deliver information, education, and services purchased as described. The Company strives to ensure all tax returns are accurate, complete, and error-free. However, in the event of an error, Client shall be solely liable for any result (including but not limited to penalties and/or audits) due to errors and/or omissions in information provided by the Client to the Company.
    • Any testimonials or examples shown through the Company’s website are only examples of what may be possible. There can be no assurance as to any particular outcome based on the use of the Services. By purchasing, you acknowledge that you are participating voluntarily in Company’s Services and that you are responsible for your choices, actions and results, now and in the future.
    • The Company strives to protect Client’s information from any unauthorized access, misuse, or disclosure. To prevent unauthorized access, maintain data accuracy, and ensure the correct use of personal and tax information, the Company has put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information collected online. However, Client acknowledges that the personal information shared could be accessed or tampered with by a third-party. Client acknowledges that the Company is not responsible for any intercepted information shared through the Site without knowledge or permission. Client releases the Company from any and all claims arising out of or related to the use of such intercepted information in any unauthorized manner. Please refer to the Company’s Privacy Policy for further information.
  1. CONFIDENTIALITY. This Agreement is considered a mutual non-disclosure agreement. Both Parties agree not to disclose, reveal or make use of any information learned by either party outside of information necessary to complete the Services or as may be required by law. Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully obtained from a third-party. Both Parties shall keep all Confidential Information strictly confidential by using a reasonable degree of care, but not less than the degree of care used by it in safeguarding its own confidential information. The obligation of the Parties hereunder to hold the information confidential does not apply to information that is subsequently acquired by either Party from a third party who has a bona fide right to make such information available without restriction. Both Parties agree that any and all Confidential Information learned as of the date of purchase shall survive the termination, revocation, or expiration of this Agreement.
  2. GOOD FAITH. Each party represents and warrants to the other that such party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance, and any termination of this Agreement.
  3. DISCLAIMER OF WARRANTIES. The Services provided to the Client by the Company under this Agreement are provided on an “as-is” basis, without any warranties or representations express, implied or statutory; including, without limitation, warranties of quality, performance, non-infringement, merchantability or fitness for a particular purpose. Nor are there any warranties created by a course of deal, course of performance or trade usage.
  4. LIMITATION OF LIABILITY. By purchasing this Service, Client accepts any and all risks, foreseeable or non-foreseeable, arising from such transaction. Client agrees that the Company will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of the Services. Client agrees that use of this Service is at user’s own risk.
  5. DISPUTE RESOLUTION. If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, every controversy or dispute to this Agreement will be submitted to the American Arbitration Association. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place in Detroit, Michigan or via telephone. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety (90) day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate.
  6. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Michigan, regardless of the conflict of laws principles thereof.
  7. All notices, requests, demands, and other communications under this Agreement shall be in writing submitted to info(at)greenbacktaxservices(dot)com. If you believe your tax return information has been disclosed or used improperly in a manner unauthorized by law or without your permission, you may contact the Treasury Inspector General for Tax Administration (TIGTA) by telephone at 1-800-366-4484, or by email at [email protected]

14.ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties and supersedes all prior agreements between the parties, whether written or oral.

GREENBACK ETS, LLC

Updated: September 2022

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