Thank you for choosing 1099-Prep. This Agreement is between you and 1099-PREP LLC (“1099-Prep”) and applies to and governs your access or use of the site and/or any Products, applets, software, Technology Tools and content contained therein or derived therefrom (collectively, the “Site”). You understand and agree that your access and/or use of the Site is entirely at your own risk and you agree to comply with and be bound by this Agreement. If you do not agree to comply with and be bound by the Agreement, you may not use the Site.

If you are an individual acting on your company’s or client’s behalf, you accept these provisions on their behalf and the term “you” will refer to you, your company, or your client.

Your Access to the Site
Subject to the terms of this Agreement, including without limitation, the limitations on use herein (see the section “Limitations on Use”), 1099-PREP LLC, its parent/owner(s) and its and their respective affiliates and subsidiaries and licensors (collectively “1099-Prep”) grant you limited license to access and use the Site, which includes access to the content and Technology Tools therein.  This Agreement as modified from time to time, applies to any and all updates, enhancements or other components that 1099-Prep may make available to you via the Site. We may modify the terms of this Agreement at any time and you agree to be responsible for monitoring these changes. By continuing to access and use the Site, you confirm your agreement to these changes.

Your Commitments
You represent and warrant that: (a) you have the right and authority to enter into and perform this Agreement, (b) you shall access and use the Site for your own use and benefit and for lawful purposes only, (c) all registration information is true, accurate, complete and current, (d) you will maintain the accuracy of such information and promptly update any information that is not accurate, complete or current, (e) you will not access this Site through a non-human, artificial, or automated means, whether by bot, script, code, etc. Users who are under the age of 18 are not permitted to use or register on this Site. You warrant that you are at least 18 years of age.

User Conduct on the Site
While using the Site, you may not: restrict or inhibit any other user from accessing, using or enjoying the Site; or post or transmit or permit to be posted or transmitted any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable information of any kind, including, without limitation, any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil or criminal liability, or otherwise violate any federal, state, local, national, foreign or other law, rule or regulation including, without limitation, the U.S. or other export control laws and regulations; or post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication (except as otherwise expressly permitted by 1099-Prep) or engage in spamming, phishing, flooding or similar conduct; or post or transmit any information or software which contains a virus, Trojan horse, worm or other harmful component; or post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Site for commercial purposes (other than as expressly permitted by the provider of such information, software or other material); or upload, post, publish, transmit, reproduce, disclose or distribute in any way, information, software or other material obtained through the Site which is protected by copyright or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or right holder; remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of 1099-Prep or its partners and / or its suppliers; use the Site, including without limitation, the Products and/or Technology Tools, for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for any services, product or software offered by 1099-Prep without our prior express, written consent; systematically retrieve data, information or any materials from the Site, whether by automatic, artificial, manual or any other means, to compile or create, directly or indirectly, a collection, compilation, database or directory without 1099-Prep’s express written consent; or upload, post, publish, reproduce, transmit, disclose or distribute in any way any component of the Site itself or derivative works with respect thereto, as the Site is copyrighted as a collective work under U.S. copyright laws.

1099-Prep has no obligation to monitor or update the Site. However, you acknowledge and agree that 1099-Prep and its affiliates have the right to monitor the Site electronically or otherwise from time to time in their discretion and to use or disclose any information as necessary or appropriate consistent with any law, rule, regulation or other governmental request, to operate the Site properly, or to protect itself or its customers. 1099-Prep reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, inappropriate or in violation of these Terms of Service. Unless otherwise indicated for a particular communication, any communications or material of any kind that you e-mail, including questions, comments or suggestions (your “Communications") will be treated as non- confidential and non-proprietary. In addition, 1099-Prep and its affiliates are free to use any information, ideas, concepts, know-how, methodologies, tools or techniques contained in your Communications for any purpose including, but not limited to, developing and marketing or other promotional product or services using the foregoing without compensation, royalties or any other remuneration to you.

Commercial Use
You acknowledge that this Site was not created nor is intended for your commercial use, including without limitation, your use of the Site in connection with your provision of goods, services or any other agreement with a third party (your “Commercial Use”). Therefore, if you access and/or use this Site, including without limitation, the Technology Tools and/or Products therein for a Commercial Use, you do so entirely at your own risk. 1099-Prep expressly disclaims liability and responsibility for any claims, actions, lawsuits, damages, judgments, losses, fines, costs, expenses or fees incurred by you or a third party as a result of your commercial use. You will also ensure that no such third party brings any claim or proceedings of any nature (whether in contract, tort, breach of statutory duty or otherwise, and including, but not limited to, a claim for negligence) in any way in respect of or in connection with your Commercial Use against 1099-Prep.

Ownership of Marks
1099-Prep is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing at this Site and is the copyright owner or licensee of the content and/or information on this Site including, but not limited to, any screens appearing at this Site. You may not download and/or save a copy of any of the screens except as otherwise provided in these Terms of Service, for any purpose. However, you may print a copy of the information on this Site for your personal use or records. If you make other use of this Site, except as otherwise provided in these Terms of Service, you may violate copyright and other laws of the United States, other countries, as well as applicable state and local laws and may be subject to penalties and fines. 1099-Prep does not grant any license, consent or other authorization to any user of its trademarks, registered trademarks, service marks, or other copyrightable material or other intellectual property, by placing them on this Site. 1099-Prep reserves the right, in its sole discretion, to change any content or information on this Site and may, at any time, revise or delete features or other content or information without prior notice. You agree that 1099-Prep will not be responsible or liable to you or any third party for any modification, suspensions, or discontinuance of the Site. Clicking on certain links within this Site might direct you to other sites for which 1099-Prep assumes no responsibility or liability of any kind for the content, availability or otherwise. (See Section "Links from and to this Site" below.) The content presented at this Site may vary depending upon your browser limitations.

Failure to Comply with Terms and Conditions and Termination
The terms of this Agreement shall remain in full force and effect while you access or use the Site. You understand, acknowledge and agree that 1099-Prep may terminate your password or account or restrict or deny you access to or use of all or part of the Site without prior notice if 1099-Prep in its sole discretion believes or suspects you are or may be engaging in any conduct or activities that may violate this Agreement, the rights of 1099-Prep or its parent/owner or its and their respective affiliates, or is otherwise inappropriate for continued access. You understand, acknowledge and agree that 1099-Prep may in its sole discretion restrict or deny you access or use through 1099-Prep to any materials stored on the Internet, or to access third party services, merchandise or information on the Internet through the Site and 1099-Prep shall have no obligation or responsibility to notify any third-party providers of services, merchandise or information nor any responsibility for any consequences resulting from lack of notification. 1099-Prep reserves the right to: (1) monitor the Site for violations of this Agreement; (2) take appropriate legal action against you or anyone who, in 1099-Prep’s sole discretion, violations this Agreement, and (3) in our sole discretion and without limitation, refuse, restrict, suspend, or disable your access to the Site. If 1099-Prep terminates or suspends your account for any reason, you are prohibited from registering and creating a new account under your name, a false or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.

Links from and to this Site
You acknowledge and agree that neither 1099-Prep nor any of its site co- branding providers have responsibility or liability for the accuracy, completeness or availability of information provided by linked sites. Links to external sites do not constitute an endorsement by 1099-Prep or its site co-branding providers of the sponsors of such sites or the content, products, advertising or other materials presented on such sites. Information in any web pages or sites that are linked to 1099-Prep’s Site comes from a variety of sources. Some of this information comes from official 1099-Prep licensees, but much of it comes from unofficial or unaffiliated organizations and individuals, both internal and external to 1099-Prep. 1099-Prep does not author, edit, or monitor these unofficial pages or links. You understand, acknowledge and agree that 1099-Prep, its owner(s) and its and their employee, agents, owner(s), affiliates, subsidiaries or representatives and their Site co-branding Providers shall not be responsible or liable, directly or indirectly, for any liability, damages, losses or claims caused or alleged to be caused by, arising from or relating to access to, use of or reliance on any such content, goods or services on such external sites or resources.

Other Information
1099-Prep takes reasonable and appropriate measures, including encryption, to ensure that your personal information is disclosed only to those specified by you. However, the Internet is an open system and 1099-Prep cannot and does not represent, warrant or otherwise ensure or guarantee that any personal or other information you or users of your account have entered is secure or that it will not be intercepted by others and decrypted. If you wish to make purchases through the Site, you may be asked by the merchant or information or service provider from which you are making the purchase to supply certain information, including credit card or other payment mechanism or personal or other information. You agree to release and to not hold 1099-Prep responsible or liable for any losses, liabilities, claims or damages or any costs or expenses of any sort incurred as a result of any such dealings with any merchant or information or service provider through the Site. You agree that all personal or other information you provide any merchant or information or service provider through the Site for purposes of making purchases will be accurate, complete and current. The merchants and information and service providers offering merchandise, information and services through the Site set their own prices and may change prices or institute new prices at any time. You agree to pay all charges incurred by you or users of your account and credit card or other payment mechanism at the prices in effect when such charges are incurred. You also will be responsible and liable for paying any applicable taxes relating to purchases through the Site.

Technology Tools
1099-Prep may use, provide or otherwise make available internet-based or other Technology Tools, including 1099-Prep’s or its Licensors proprietary software, collaboration tools, databases, portals and platforms, spreadsheets, hosted web-based, data analytics, internet, cloud, visualization or other tools, all related documentation and any modifications, derivatives or enhancements to them (collectively “Technology Tools”). If Technology Tools are provided or otherwise made available, use and access is subject to and must be in accordance with these terms, any applicable licensor or other third party terms, conditions and/or end user license agreement. Access to or use of Technology Tools is solely for your internal use and benefit only and solely in connection with and during the term of this agreement. Technology Tools are subject to change without notice and 1099-Prep may change the functionality or availability of, or suspend or discontinue the offerings, content, information or access to, all or any portion of Technology Tools at any time without notice. Technology Tools and related materials (including underlying technology, user interface, algorithm, process, functionality etc.), are 1099-Prep’s confidential and proprietary information and, as between the parties, 1099-Prep is and shall remain the sole owner of all rights, title and interests therein and thereto (excluding your Confidential Information you place in the Technology Tools).

Support Provided
1099-Prep makes reasonable attempts to reply to customer inquiries for technical assistance and other support in a timely fashion but provides no assurance or Service Level Agreement regarding response or resolution timeline. 1099-Prep conducts all support assistance via e-mail and, while in extreme circumstances may assist users via phone or other means, is not obligated to do so. As a user of, you are solely responsible and liable for the accurate completion and submission of all forms, and as such 1099-Prep support representatives cannot and will not provide any guidance regarding tax law.  This includes, but is not limited to, questions concerning which boxes should or must be completed for a form beyond the required field indicators present in the application.Furthermore, 1099-Prep reserves the right, in its discretion and without prior notice, to withdraw support in situations where the scope of the questions being asked or problems experienced extend beyond the functionality of 1099-Prep: for instance, all users are required to have a basic working knowledge of a web browser and a basic knowledge of the operating system they are using, or 1099-Prep reserves the right to request users to involve an IT professional at the user’s own expense in order to continue troubleshooting, including in cases where the 1099-Prep support staff believe the problem to be a function of the user’s computing environment.

1099-Prep and the Technology Tools are not intended to be your permanent records, and you are responsible for making and separately maintaining copies of any records stored on 1099-Prep or Technology Tools that you may need. Access to the Site, including without limitation, the Technology Tools, and all licenses that may be provided pursuant to these terms, terminate upon expiration, completion or termination of this agreement. 1099 Prep may, in its discretion, make data and records that are directly connected with this agreement available via Technology Tools or 1099-Prep. You are responsible for separately maintaining copies of any relevant data and records made available through 1099-Prep or Technology Tools that you may need. You agree that we shall have no responsibility or liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

Any access credentials issued to any User of 1099-Prep or Technology Tools (“User”) must not be shared. You shall not (and shall not allow any User to) misappropriate, infringe, reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, techniques, processes, algorithms, know-how, processes, formulae, methodologies, or other information or interfere with 1099 Prep’s rights in the Technology Tools, or otherwise use or access the Technology Tools other than expressly permitted herein.

Site Interruptions
1099-Prep does not guarantee the Site will be available at all times, and reserves the right to change, revise, update, suspend, restrict, discontinue, or otherwise modify the Site at any time or for any reason with or without notice to you. You agree that 1099-Prep shall have no responsibility or liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in this Agreement will be construed to obligate 1099-Prep to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

IRS Circular 230 Notice
In connection with the 1099-Prep site, nothing in 1099 Prep’s communications with you (including, but not limited to, any emails, site content, attachments, enclosures or other accompanying materials) relating to any federal tax transaction or matter are considered to be "covered opinions" as described in Circular 230.

You acknowledge, understand and agree that, by submitting forms for filing via the 1099-Prep site and Service, you expressly consent to and authorize 1099-Prep to print and mail, or email, copies of submitted forms to the applicable recipients and that this is the default feature and functionality. If you do not want these forms printed and mailed, or emailed, to applicable recipients, you must navigate to the cart and unselect the option that reads “Mail copies to Recipients” when submitting the forms for filing to send recipients copies.

Limitation on Liability
1099-Prep’s entire liability to you or any third party, whether as a result of breach of contract, tort (including negligence) or otherwise, regardless of the theory of liability asserted, arising from or relating to the Agreement, your access to or use of the Site, including without limitation, the Technology Tools and/or Products, any services and/or deliverables therein, shall be limited to the lesser of (a) $500.00 or (b) the total fees paid to 1099-Prep for the particular Product giving rise to liability.

You agree to indemnify and hold harmless 1099 Prep from and against all third party claims, losses, liabilities, damages, judgments, demands, actions (including court, defense and other costs, expenses, attorneys’ and advisors’ fees or other costs incurred by penalty or otherwise) (collectively, “Losses”) arising from or relating to this Agreement and/or your use of the Site, including without limitation, the placement or transmission of any message, information, software or other materials through the Site by you or users of your account or related to any violation of this Agreement by you or users of your account.

Right to Audit
You shall keep complete and accurate books and records that describe the access and use of the Site. During the term of this Agreement and for one (1) year thereafter, 1099-Prep, on its own or through a designee, may, upon reasonable prior notice, examine these books and records to evaluate your compliance with this Agreement. Such access by 1099-Prep or its designee shall include the right to discuss such books, records and/or documentation with your personnel (if applicable) having knowledge of the facilities, systems and document contents and the right to copy such documentation.

You and 1099-Prep knowingly, voluntarily and intentionally waive any right either may have to a trial by jury with respect to any litigation based hereon, or arising out of, under or in connection with the Agreement, the Site, or any course of conduct, course of dealing, statements (whether verbal or written) or actions of either party. You and 1099-Prep each expressly agree and acknowledge that the Supreme Court of the State of New York, County of New York, Commercial Division, and the United States District Court for the Southern District of New York, Manhattan Courthouse, shall each have exclusive and sole jurisdiction and venue for any respective state or federal actions arising from, relating to or in connection with the Agreement, or any course of conduct, course of dealing, statement or actions of either party.  If and only if the action does not satisfy the damage prerequisite for jurisdiction in the County of New York Commercial Division, then any such state court action shall be brought in the County of Suffolk, Commercial Division.

The Agreement, any course of conduct, course of dealing or action by you or 1099-Prep and the parties’ relationship shall be governed by, construed, interpreted and enforced in accordance with the laws of the State of New York, without giving effect to any choice or conflict of law principles, provisions or rules relating to conflicts of laws that would require the laws of another jurisdiction to apply. In any litigation brought by either you or 1099-Prep, the prevailing party shall be entitled to an award of its reasonable attorneys’ fees and costs incurred, including through all appeals.

1099-Prep shall not be responsible or liable for any delay or failure in performance due to circumstances beyond its reasonable control. There are no third-party beneficiaries to this Agreement. You agree that 1099-Prep may refer to your name in experience citations for marketing purposes with other clients and prospective clients and in recruitment materials, unless expressly prohibited by you in writing. You may not assign or transfer the Agreement, or any rights, licenses, obligations, claims or proceeds from claims arising out of or in any way relating to this Agreement, this Site, or any fees for any Tools or Products to anyone, by operation of law or otherwise without 1099-Prep’s prior written consent and any assignment without consent shall be void and invalid. 1099-Prep may assign this Agreement, including all the rights and benefits hereunder, to any affiliate or to an acquirer of or successor to its business, or purchaser of all or substantially all of its assets, stock or interests, or in the event of a reorganization or restructuring, and you consent to such assignment and the transfer of your files and information. If any provision (or any part thereof) of this Agreement is found to be unenforceable or invalid, the remainder of such provision (or any part thereof) shall remain enforceable to the maximum extent permitted by law. The failure of 1099-Prep to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

To access and/or use the 1099-Prep Platform, you acknowledge and agree to comply with and be bound by: (a) the terms and conditions of this Agreement, the Privacy Policy [], any additional provisions, conditions, agreements or engagement letters provided to you separately in connection with, arising from or related to your use of the 1099-Prep Platform. This Site is hosted in the United States. If you access the Site from Asia, the European Union, other locations with laws or requirements governing personal data collection, use, or disclosure that differ from United States laws, you acknowledge that you may be transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States and in accordance with the terms of this Agreement.

Electronic Communications, Transactions, Signatures
By accessing the Site, you consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications provided to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. You agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by 1099-Prep or via the Site. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

The following terms apply to your purchase of any “self-help” forms, documents, or other products or services, including without limiting, the 1099-Prep TIN Matching services (defined below) (collectively, the “Products”), which are intended to be populated by you with your information. You, and not 1099-Prep, are entirely responsible for your use of these Products and for determining whether or not you require assistance from a licensed tax professional.

1099-Prep recommends that you retain competent legal counsel and investment or/or other advisors. In the event you wish to engage 1099-Prep for specific tax services, please reach out to a tax practitioner through here [].

Use of the Products.
You, and not 1099-Prep, are responsible for the accuracy, completeness, adequacy or currency of the content within the Products. You acknowledge and understand that there may be changes to laws, rules, regulations, professional standards or other guidance (collectively, the “Laws”) that affect the information, 1099-Prepdoes not guarantee that the Product is current at the time that you access them. It is your responsibility to review all Laws to ensure that your use of the Products is compliant with all Laws that may apply to you. The Products are not intended for use or access by any persons or entities in any jurisdiction or country where such use or access would be contrary to law or regulation or which would subject 1099-Prep to any registration requirement within such jurisdiction or country. If you access the Site or use the Products from such locations, you are solely responsible for compliance with such laws and regulations, and you agree that 1099-Prep shall have no liability or responsibility for your access or use as a result of your access in such locations.

TIN Matching
If you purchase TIN Matching services, the following terms shall apply:

You certify that the information you provide, including TIN information and names being checked relate to an account(s) where a reportable payment subject to backup withholding is made or is likely to be made as defined under section §3406(b)(1) of the Internal Revenue Code.

You agree to:

  1. Comply with all requirements of Revenue Procedure 2003-9 and IRS Publication 2108;
  2. Transmit only name and/or TIN combinations relating to accounts with respect to which a reportable payment is made, or is likely to be made, on or after the effective date of revenue procedure 2003-9;
  3. Transmit only name and/or TIN combinations that have not been previously transmitted by that participant to the TIN Matching service for matching;
  4. Maintain the confidentiality of information obtained through TIN solicitation activities in accordance with the requirements of §31.3406(f)-1 of the Employment Tax Regulations;
  5. Provide the TIN Matching service with the information necessary to monitor the effectiveness of the Program.

You further certify that all users of this TIN Matching service are either an “Authorized Agent” or “Delegated User” as defined by the IRS in the TIN Matching Revenue Procedure to collect and match TINs, names, and/or name controls on behalf of the applicant and appoints 1099-Prep as proxy or agent for you with respect to this procedure. You confirm that you have examined the above information as well as the Authorized Agent and/or Delegated Users and believe the information provided is true, correct and complete by their certification.

You may use the TIN Matching services (a) for your (and your affiliates) own internal business purposes and operations, and (b) as a service to its clients in connection with their respective business operations. You warrant that you are an end-user of the service and will not be reselling the TIN Matching services.

Except as expressly allowed in any written agreement between 1099-Prep and you, the rights of any user licensed to use the Services cannot be shared or used by more than one individual (unless such license is reassigned in its entirety to another authorized user, in which case the prior authorized user shall no longer have any right to access or use the license). You agree to prevent unauthorized third parties from accessing the TIN Matching services.

Fees and Payment Terms
You agree to pay all costs, fees and expenses, including all applicable taxes, which apply to your order of one or more Products. Upon purchase of one or more Products, you may receive an invoice via email from 1099-Prep for: (a) all Products, including without limitation, services and deliverables, provided by 1099-Prep to you upon initiation of processing, milestones, or any other billing period specified upon purchase, and (b) all taxes, costs and expenses incurred by 1099-Prep in connection with performing its obligations pursuant to an order. All invoices delivered by 1099-Prep to you shall: (i) be delivered to the mailing address associated with your account; and (ii) contain an invoice date, an invoice number and a corresponding purchase order if applicable. If you wish to receive the invoices via email, you must select this option on your account. If you wish to receive the invoices at a different emailing address, you must notify 1099-Prep at [email protected].

You are responsible for  taxes, of any kind and however designated, levied or based on any charges payable under an order, including without limitation federal, state, VAT, local privilege, excise, sales, and use taxes and any taxes or amounts in lieu thereof paid or payable by 1099-Prep, but excluding taxes based upon the net income of 1099-Prep. 1099-Prep shall bill you before or within a reasonable time following payment of such taxes by 1099-Prep, and such amounts shall be due and payable by you within thirty (30) days following billing thereof.  Any amounts contained in an invoice not paid when due shall bear interest at a rate of one- and one-half percent (1.5%) per month, or the maximum legal rate if less (the “Late Payment Fee”). You agree that all fees and invoices must be paid in U.S. Dollars. You agree to reimburse 1099-Prep for any reasonable collection and legal fees incurred to effect settlement and payment of any undisputed past due amount. 1099-Prep reserves the right to refuse any order placed on the Site. 1099-Prep also reserves the right to correct any errors or mistakes in pricing, if 1099-Prep has already requested or received payment.

Refund Policy
If you have any issues with your Product order, please contact [email protected] and we will assist you with resolving any issues you may have and if applicable we may provide a refund or offer credit for future Products. When contacting our support team, please explain your issues in detail. All requests for refunds or credits must be initiated within (7) days from the original transaction.