Thank you for selecting SPAN Enterprises LLC (SPAN) ExpressTaxZone (Hereinafter ETZ, Refers to ExpressTruckTax, ExpressExtension, ExpressIFTA, ExpressTaxExempt,ExpressACAForms, ACAXML, ACAwise and TaxBandits) preparation software. This license agreement ("Agreement") gives you certain rights and responsibilities depending on the software license you purchased or subscribed to as more fully described below (collectively the "Software"). By clicking "ACCEPT", you indicate that you have read and understood and assent to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, you are not granted any rights whatsoever in the Software, and you will not be able to access or use the Software or Services.
SPAN Enterprises LLC. ("Span Enterprises LLC", "us", "we", "our") grants you ("you", "your" or "user") means the person using the Software in any way, the following rights provided that you comply with all of the terms and conditions of this Agreement.
The Software is licensed not sold, and SPAN Enterprises LLC reserves all rights not expressly granted to you in this Agreement. The Software is protected by copyright, trade secret and other intellectual property laws. SPAN Enterprises LLC and its licensors own the title, copyright, and other intellectual property rights in the Software. This Agreement does not grant you any rights to trademarks or service marks of SPAN Enterprises.
SPAN Enterprises LLC diligently works to ensure the accuracy of the calculations on every form prepared using ETZ preparation software.
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, except if you choose to provide that information to SPAN Enterprises LLC's authorized technical support personnel to assist you. You are responsible for the use of the Software under your user ID. SPAN Enterprises LLC will not disclose your password if you lose or forget it. 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 tax return if you choose to do so. You should confirm that the pricing for your use of the Software and/or Services has not changed, particularly if some time has passed between the date you start your tax return and the date you finish and are ready to file or print and pay for it.
At SPAN Enterprises LLC we place the highest importance on respecting and protecting the privacy of our customers. Our most important asset is our relationship with you. We want you to feel comfortable and confident when using our products and services and with entrusting your tax return information to us. Our full ETZ Privacy Statement can be found by visiting http://www.expresstaxzone.com/privacy-policy/ .
EXCEPT AS EXPRESSLY IN ABOVE, THE SOFTWARE AND SERVICES ARE PROVIDED "AS-IS" AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SPAN Enterprises LLC, ITS AFFILIATES, LICENSORS, PARTICIPATING FINANCIAL INSTITUTIONS, THIRD-PARTY CONTENT OR SERVICE PROVIDERS, RETAILERS, DISTRIBUTORS, DEALERS AND SUPPLIERS (COLLECTIVELY, "SUPPLIERS") DISCLAIM ALL GUARANTEES AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SOFTWARE OR SERVICES, INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, QUALITY, TIMELINESS, AND NON-INFRINGEMENT. SPAN ENTERPRISES LLC DOES NOT WARRANT THAT SOFTWARE OR SERVICES ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, OR OTHER PROGRAM LIMITATIONS. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN THAT EVENT, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO 60 DAYS FROM THE DATE OF PURCHASE OF SOFTWARE OR SERVICES, AS APPLICABLE. HOWEVER, SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
All warranties or guarantees given or made by SPAN Enterprises LLC with respect to Software or the Services (1) are solely for the benefit of you as the registered user of the Software and are not transferable, and (2) shall be null and void if you breach any term or condition of this Agreement.
YOU UNDERSTAND THAT SPAN ENTERPRISES LLC WILL NOT AUDIT OR OTHERWISE VERIFY ANY INFORMATION YOU PROVIDE, AND IS NOT RESPONSIBLE FOR DISALLOWED DEDUCTIONS OR CREDITS. FURTHER, SPAN ENTERPRISES LLC SHALL NOT BE RESPONSIBLE FOR ADDITIONAL TAXES, PENALTIES AND INTEREST THAT ARE ASSESSED AS THE RESULT OF INCORRECT, INCOMPLETE OR MISLEADING INFORMATION THAT YOU HAVE GIVEN TO SPAN ENTERPRISES LLC IN CONNECTION WITH ITS PREPARATION OF YOUR TAX RETURNS USING THE SERVICES.
EXCEPT FOR THE REIMBURSEMENT FOR CALCULATION ERRORS DESCRIBED IN SECTION 3 AND 4 A., THE ENTIRE CUMULATIVE LIABILITY OF SPAN ENTERPRISES LLC AND ITS SUPPLIERS FOR ANY REASON ARISING FROM OR RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE SOFTWARE OR SERVICES, AS APPLICABLE, TO SPAN ENTERPRISES LLC OR ITS AUTHORIZED RESELLER.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SPAN ENTERPRISES LLC AND ITS SUPPLIERS ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR FOR DAMAGES RELATING TO LOSS OF BUSINESS, TELECOMMUNICATION FAILURES, LOSS, CORRUPTION, SECURITY OR THEFT OF DATA, VIRUSES, SPYWARE, 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 SPAN ENTERPRISES LLC, ANY ACCESS TO, OR USE OF, YOUR PASSWORD AND USER ID BY AN UNAUTHORIZED PERSON, OR THE LIKE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY OR OTHERWISE, EVEN IF SPAN ENTERPRISES LLC OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL SPAN ENTERPRISES LLC BE LIABLE FOR ANY LOSS, COST, LIABILITY OR DAMAGE INCURRED AS A RESULT OF YOUR RECEIPT OF OR PARTICIPATION IN THIRD PARTY SERVICES OR THIRD PARTY WEBSITES. IN NO EVENT DOES SPAN ENTERPRISES LLC ASSUME ANY LIABILITY TO ANY PARTY OTHER THAN YOU ARISING OUT OF YOUR USE OR INABILITY TO USE THE SOFTWARE OR SERVICES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SPAN ENTERPRISES LLC AND YOU. SPAN ENTERPRISES LLC WOULD NOT BE ABLE TO HAVE PROVIDED ETZ SERVICES WITHOUT SUCH LIMITATIONS.
This Agreement (and any additional terms and conditions with which SPAN Enterprises LLC amends or supplements this Agreement), is a complete statement of the agreement between you and SPAN Enterprises LLC, and sets forth the entire liability of SPAN Enterprises and its Suppliers and your exclusive remedy with respect to the Software and Services and their use. You agree that SPAN Enterprises LLC is not acting as your agent or fiduciary in connection with your use of the Software or any Services. The Suppliers, agents, employees, distributors, and dealers of SPAN Enterprises LLC are not authorized to make any additional representations, commitments, or warranties binding on SPAN Enterprises LLC. Any waiver of the terms herein by SPAN Enterprises must be in a writing signed by an authorized officer of SPAN Enterprises LLC and expressly referencing the applicable provisions of this Agreement. SPAN Enterprises shall be 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. If any provision of this Agreement is invalid or unenforceable under applicable law, then it shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. This Agreement will be governed by South Carolina law as applied to agreements entered into and to be performed entirely within South Carolina, without regard to its choice of law or conflicts of law principles that would require the application of law of a different jurisdiction, and applicable Federal law. The parties hereby consent to the exclusive jurisdiction and venue in the state courts in York County, South Carolina or Federal court for the South Carolina. Headings are included for convenience only, and shall not be considered in interpreting this Agreement. As used in this Agreement "including" means "including but not limited to." This Agreement does not limit any rights that SPAN Enterprises LLC may have under trade secret, copyright, patent or other laws.
ETZ collects contact information for promotional, marketing, training, and customer support purposes. This information is not shared, sold, or distributed to third parties or other companies. SPAN Enterprises may contact customers with special promotional offers or informative reminders at different points during the tax season. Customers have the option to unsubscribe from any email marketing campaign or promotional offer at any time.
The Software is a "commercial item," as that term is defined at 48 C.F.R. 2.101 (OCT 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (SEPT 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227-7202-1 through 227-7202-4 (JUNE 1995), all U.S. Government End Users acquire the Software with only those rights set forth herein.
You can contact SPAN Enterprises LLC, Inc. by mail at Customer Support, SPAN Enterprises LLC, Inc., ADDRESS 202 E. Main St., Rock Hill, SC 29730 or by calling PHONE 704.234.7120 if you have a question or concern about any product or service we sell over the Internet.