Thank you for selecting SPAN Enterprises (Doing Business As “ExpressIFTA”). This license agreement ("Agreement") outlines certain rights and responsibilities for using the software license you purchased or subscribed to as more fully described below (collectively the "Software"). By Accepting the Terms and Conditions, you indicate that you have read and understand and consent to be bound by the terms of this Agreement. Furthermore, the act of using the software is in itself a declaration of consent to be bound by the terms and conditions contained herein. 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 its Services.
1. License Grant and Restrictions.
SPAN Enterprises LLC ("SPAN Enterprises LLC", "us", "we", "our") grants you ("you" "your" or "user" - collectively in reference to 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.
- (a) ExpressIFTA. You may use: (i) ExpressIFTA software solely to prepare the IFTA returns for your business, and after proper registration and any applicable payment, to generate the completed forms online. (ii) If you are a paid tax preparer with an official Preparer Tax Identification Number (PTIN) issued by the Internal Revenue Service (IRS), you may use ExpressIFTA software for your clients’ Businesses on a professional or commercial basis. You are not licensed or permitted under this Agreement to do any of the following: (i) attempt to access any other SPAN Enterprises LLC systems, programs or data that has not been made available for public use; (ii) prepare tax returns, schedules or worksheets on a professional or commercial basis unless as stated above in 1 (a); (iii) copy, reproduce, republish, upload, post, transmit, resell or distribute in any way the material from the Software; (iv) work around any technical limitations in the Software, use any tool to enable features or functionalities that are otherwise disabled in the Software, or decompile, disassemble, or otherwise reverse engineer the Software except as otherwise permitted by applicable law, (v) use the Software for any commercial purpose, unless as stated under 1(a) or otherwise written consent from SPAN Enterprises, (vi) perform or attempt to perform any actions that would interfere with the proper working of the Software or Services, prevent access to or the use of the Software or Services by SPAN Enterprises LLC's other licensees or customers, or impose an unreasonable or disproportionately large burden on SPAN Enterprises infrastructure; or (vii) otherwise use the Software except as expressly allowed under
this Section 1. - (b) If you obtained a license for use of the ExpressIFTA software, there may be additional fees and limitations on your use of the features and functionality, stated within the ExpressIFTA software.
- (c) You must indemnify and defend SPAN Enterprises LLC against any claims or lawsuits, including attorneys' fees that arise from or result from the use of the Software.
In addition to the ExpressIFTA software, the term "Software" includes any other programs, tools, internet-based services, components and any "updates" (for example, Software maintenance, service information, help content, bug fixes, or maintenance releases etc.) of the Software that SPAN Enterprises LLC provides or makes available
to you.
2. Reservation of Rights and Ownership.
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.
3. ExpressIFTA Accurate Calculations Guarantee.
SPAN Enterprises LLC diligently works to ensure the accuracy of the calculations on every quarterly IFTA form prepared using ExpressIFTA.
- (i) If you are a registered user and you also incur penalties and / or interest solely because of a calculation error on a form prepared using ExpressIFTA, and not as a result of, among other things, your failure to enter all required information accurately, willful or fraudulent omission or inclusion of information on your tax return, misclassification of information on the tax return, or failure to file an amended return to avoid or reduce an applicable penalty/interest after SPAN Enterprises LLC announced updates or corrections to the Express IFTA Online software in time for you to file an amended return, then after a thorough investigation, SPAN Enterprises LLC will reimburse the amount of the penalty and/or interest assessed by the governing party. In this regard, you are responsible for keeping SPAN Enterprises LLC apprised promptly of any change in your email address, mailing address and/or phone number so that you can be notified of such updates or corrections. You are responsible for paying any additional tax liability you may owe and providing any other information SPAN Enterprises LLC reasonably requests. A "registered user" is a user from whom SPAN Enterprises LLC has received the information necessary to permit such person to print or electronically file a tax return prepared using the ExpressIFTA software and who complies with the terms and conditions of
this Agreement. - (ii) If you believe such a calculation error occurred, you must notify SPAN Enterprises as soon as you learn of the mistake (and in no event later than 30 days after the penalty or interest is assessed) at https://www.expressifta.com/contact-us/, or by mail at SPAN Enterprises, Address 2685 Celanese Rd,Suite 100, Rock Hill SC 29732. SPAN Enterprises LLC will then contact you promptly to resolve the issue. To resolve your matter, SPAN Enterprises LLC may require your ExpressIFTA tax data file and other supporting information such as a copy of the penalty letter, evidence of payment of the specified penalty and / or interest, and a copy of your printed tax return.
4. Span Enterprises LLC Services and Third Party Services
(together "Services")
A. Span Enterprises LLC Services.
Electronic Filing Services.
- (i) If you choose to file your return electronically, the tax return will be forwarded to SPAN Enterprises LLC's Electronic Filing Servers, where it will be converted to and stored in a standardized format, and then transmitted to the IFTA member jurisdiction. You are responsible for verifying the status of your return to confirm that it has been received and accepted by the applicable taxing authority and, if necessary, for filing it manually. You agree to review your tax return for indications of obvious errors before electronically filing or mailing it. To the extent required by applicable law and regulation, SPAN Enterprises LLC stores and maintains information that you provide to SPAN Enterprises LLC. SPAN Enterprises LLC is not required or obligated to provide you with copies of this information.
- (ii) Although Business Tax filing occurs regularly throughout the year, occasionally the IFTA member jurisdiction will not accept a return due to various reasons including but not limited to maintenance of their computer systems. ExpressIFTA may be operational during this time for you to prepare your tax returns, but if the return is not accepted, it is your responsibility as the taxpayer to resubmit the return until it has been accepted. It is always your responsibility as the taxpayer to file the returns electronically, and if necessary, you may need to make changes or amend the return if it was submitted with
inaccurate information.
Help and Support. SPAN Enterprises LLC may use a variety of methods (e.g., in-product, Internet, e-mail, chat, fax and phone) to provide technical support and customer service in connection with Software and SPAN Enterprises LLC Services. The terms and conditions governing the offering of this support, which may require the payment of an additional fee, are subject to change as announced by SPAN Enterprises from time to time. Consult the ExpressIFTA Help and Support website (currently, https://www.expressifta.com/contact-us) for the most up-to-date information relating to this support and any associated charges.
Feedback. SPAN Enterprises LLC may provide you with a mechanism to provide feedback, suggestions, and ideas. if you choose, about its online products and services ("Feedback"). You agree that you are free to provide your opinion or suggestion to us. You agree that SPAN Enterprises LLC may, in its sole discretion, use the Feedback you provide to SPAN Enterprises LLC in any way, including in future modifications of the Software, multimedia works and/or advertising and promotional materials relating thereto. You hereby grant SPAN Enterprises LLC a perpetual, worldwide, fully transferable, irrevocable, royalty-free license to use, reproduce, modify, create derivative works from, distribute and display the Feedback in any manner for any purpose.
B. Third Party Websites.
The Software and Services may contain or reference links to websites operated by third parties ("Third Party Websites"). These links are provided as a convenience only. Such Third Party Websites are not under the control of SPAN Enterprises LLC. SPAN Enterprises LLC is not responsible for the content of any Third Party Website or any link contained in a Third Party Website. SPAN Enterprises does not review, approve, monitor endorse, warrant, or make any representations with respect to Third Party Websites, and the inclusion of any link in the Software or Services is not and does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by SPAN Enterprises LLC or its Suppliers of any information contained in any Third Party Website. In no event will SPAN Enterprises LLC or its Suppliers be responsible for the information contained in such Third Party Website or for your use of or inability to use such website. Access to any Third Party Website is at your own risk, and you acknowledge and understand that linked Third Party Websites may contain terms and privacy policies that are different from those of SPAN Enterprises LLC and its Suppliers. Neither SPAN Enterprises nor its Suppliers are responsible for such provisions, and expressly disclaim any liability for them.
You are responsible for providing, at your expense, any access to the Internet and any required equipment. Further, SPAN Enterprises LLC may at any time change or discontinue any aspect, availability or feature of the Services.
D. Payment & Collection.
In the event you owe SPAN Enterprises LLC any amounts related to your licensing of ExpressIFTA and/or Services, SPAN Enterprises LLC reserves the right to seek collection of any amount unpaid. There will be no refunds once the quarterly IFTA return has been generated. ExpressIFTA is not responsible for any errors and omissions made by the user when entering the data.
Late Payment Charge and Dishonored Check or Other Instrument Fee. If the entire amount of payment due is not received by the payment due date, a late payment charge will be charged to you. ExpressIFTA may assign unpaid late balances to a collection agency for appropriate action. You agree to reimburse ExpressIFTA for all costs and expenses incurred to recover sums due, including the fees of any collection agency, a collection fee charged by ExpressIFTA at the maximum percentage permitted by applicable law but not to exceed 18% to cover the internal collection-related costs ExpressIFTA has incurred on such account(s) through and including the date on which ExpressIFTA refer(s) the account(s) to such third party, and attorneys' fees and other legal expenses. You will be charged a fee for any check or other instruments (including credit card chargebacks) tendered by you and returned unpaid by a financial institution for any reason. 5% interest is charged for any payments late more than 30 days.
If there is a chargeback issued by a bank for a service fee legitimately issued by ExpressIFTA for the use of the software, it will be disputed with every detail of proof that the service was indeed used and services have been rendered. In the event that a legitimate service charge is reversed by a bank, the user will be liable for the original amount of the service fee and an additional $25.00 chargeback fee. This chargeback fee is intended to offset the added labor costs and bank fees incurred when disputing a chargeback.
Tax Payment and Service Charge. When using ExpressIFTA, there are 2 types of payments: Tax Payments and Service Charges.
- Tax Payments are processed directly by the IFTA jurisdictions. Tax Payments are not collected by ExpressIFTA.
- Service Charges are processed by ExpressIFTA using a credit or debit card. These charges are specifically for e-filing and any related services provided by ExpressIFTA. This Service fee must be paid in full in order to successfully complete the e-filing process with ExpressIFTA.
5. User ID and Password Security.
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. Your user ID and password are connected to the unique email address used to setup the account. In order to electronically e-file a tax return, you will need to login to your ExpressIFTA account using your credentials. If you need to reset your account password, you may do so using the reset password option on the Sign-In page. You may also update your email address within your Account Profile once logged into your account.
6. Privacy of Personal and Tax Return Information.
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 ExpressIFTA Online Privacy Statement can be found by visiting https://www.ExpressIFTA.com/privacypolicy/
7. Disclaimer of Warranties.
EXCEPT AS EXPRESSLY STATED 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 COMPLETELY IMPENETRABLE, 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.
8. Limitation of Liability and Damages.
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, 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 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 ExpressIFTA OR SERVICES WITHOUT SUCH LIMITATIONS.
9. Consent to Conduct Business Electronically ("Consent").
- (a) Consent to Electronic Communications. SPAN Enterprises LLC may be required by law to send "Communications" to you that may pertain to the Software, the use of information you may submit to SPAN Enterprises LLC and the Services you choose. Additionally, certain of the Third Party Services you choose, may require Communications with the third parties who administer these programs. You agree that SPAN Enterprises LLC, on behalf of itself and others who administer such Services (as applicable), may send Communications to you by email and/or may make Communications available to you by posting them at one or more of our sponsored websites, such as https://www.expressifta.com. You Consent to receive these Communications electronically. The term "Communications" means any notice, record, agreement, or other type of information that is made available to you or received from you in connection with the Software, the Services, or your tax refund.
- (b) Consenting to Do Business Electronically. The decision whether to do business electronically is yours, and you should consider whether you have the required hardware and software capabilities described below. Your consent to do business electronically, and our agreement to do so, applies to this Agreement, the Software and any
applicable Services. - (c) Hardware and Software Requirements. In order to access and retain an electronic record of Communications, you will need: a computer, a monitor, a connection to an Internet service provider, an Internet browser software that supports 128-bit encryption, and an e-mail address. By creating an account with ExpressIFTA, you are confirming to us that you have the means to access, and to print or download, Communications. We do not provide ISP services. You must have your own Internet service provider.
- (d) Withdrawal of Consent. If you later decide that you do not want to receive future Communications electronically, write to us at ExpressIFTA Customer Service, support@ExpressIFTA.com. If you withdraw your consent to receive Communications electronically, we may terminate your use of ExpressIFTA and one or more of
the Services. - (e) Changes to Your Email Address. You have the ability to update your email address directly within your account in the profile section under
“My Account.”
10. Miscellaneous.
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 the 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 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. ExpressIFTA 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.
11. Termination and Amendment.
- (a) Termination. Your rights under this Agreement may be terminated by SPAN Enterprises immediately and without notice, if you fail to comply with any term or condition of this Agreement or no longer consent to electronic Communications. Upon such termination, you must immediately cease using the Software and related services. Any termination of this Agreement shall not affect SPAN Enterprises LLC's
rights hereunder. - (b) Amendment. SPAN Enterprises LLC shall have the right to change or add to the terms of its Agreement at any time, and to change, delete, discontinue, or impose conditions on any feature or aspect of Software, Tax Advice, and Services (including internet based services, pricing, technical support options, and other product-related policies) upon notice by any means SPAN Enterprises LLC determines in its discretion to be reasonable, including posting information concerning any such change, addition, deletion, discontinuance or conditions in Software or on any SPAN Enterprises LLC sponsored website, including www.ExpressIFTA.com Any use of the Software by you after SPAN Enterprises LLC's publication of any such changes shall constitute your acceptance of this Agreement as modified.
12. U.S. Government Restricted Rights.
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.
13. Questions.
You can contact SPAN Enterprises LLC, Inc. by mail at ATTN: ExpressIFTA, SPAN Enterprises LLC, Address 2685 Celanese Rd,Suite 100, Rock Hill SC 29732 or by calling 704-234-6005 during normal business hours.