Updated: November 2nd, 2023
Welcome!
These are the Quicken Estate Manager (sometimes referred to as “Estate Manager”) Terms of Use (or “Terms”) between you (referred to below as “you,” “your,” “user,” “End User” or “member”) and Quicken Inc. (referred to below as “Quicken,” “we,” “us,” and “our”).
These Terms apply to your use of the Products and Services (the “Estate Manager Application”, described below in the Membership Agreement) during our product testing periods. You acknowledge and understand that the Estate Manager Application has not yet been released to the general public and that to continue to use the Estate Manager Application after it is released to the general public, you may be required to consent to new Terms of Use. The Estate Manager Application is not intended for use by persons under the age of 13.
The Terms consist of four parts:
Part I: The Membership Agreement, which details the terms of service for your Membership.
Part II: Third-Party Products and Services, which links to the terms of service of Third-Party Service Providers which you can use with your Membership.
Part III: General Terms which details important issues related to the previous sections.
Part IV: The Glossary which defines some of the terms used in these agreements.
I. Membership Agreement
This Membership Agreement applies to your use of Products and Services. The term "Product" includes any Estate Manager branded software that we offer, as well as any related Products such as third-party software or apps that we make available to members. The term "Services" includes other functionality, such as the ability to upload and download data and files from third parties or the ability to pay bills from within a Product. In some cases, a Third-Party Service Provider (such as a vendor) that is working on our behalf, or another third-party, may provide Products or Services.
The Membership Term:
The Membership Term is the amount of time for which you have full rights to use the Products and Services. Additionally, from time to time, we may offer a free or other trial membership of a different duration. If you purchase your Membership directly from Quicken Inc. at Quicken.com, your Membership Term starts at the time of purchase and upon the conclusion of any applicable free or other trial membership. For sales via digital download other than on Quicken.com, the Membership Term begins at the time of payment and upon the conclusion of any applicable free or other trial membership. At the end of the Membership Term some or all the features and functionality of our Products and Services will no longer be available to you.
Your Right to Use Products and Services:
The exact combination of Products and Services that you may use depends upon which Membership plan and platform you choose. Some plans or platforms may offer different functionality than other plans or platforms. The specific features, functionality, or capabilities of any Membership plan may be added to, altered, suspended, or removed at any time in response to customer feedback, business or technology changes, market conditions, legal or regulatory changes, and the like.
You own the Content (defined below) that you submit in connection with the Products and Services.
When you use the Products or Services you agree to the Quicken Inc. Acceptable Use Policy, the Quicken Inc. E-Sign Act Policy Notice and Consent, and to these Terms of Use. You also agree that you will:
- Provide true, accurate, current, and complete information about yourself as prompted by the registration form. You must maintain and update this information to keep it true, accurate, current, and complete, and not deceptive. If any information provided by you is untrue, inaccurate, not current, or incomplete, we may suspend or terminate your account and refuse access to the Products or Services.
- Keep your usernames and passwords (“Credentials”) secure. You must follow any password security and multi-factor authentication guidelines that we establish. You agree that you are solely responsible for keeping your Credentials safe and secure, and preventing unauthorized access to your Credentials and account. It is assumed that any communications received through use of your Credentials were sent or authorized by you. If your Credentials are compromised for any reason, you must change your password. In addition, you must notify us if you become aware of any unauthorized access to your account. You agree that we are not responsible for the security of your Credentials.
- Keep your third-party log-in, usernames, and passwords (“Third-Party Credentials”) secure. In the case of Third-Party Products and Services, as defined below, you must comply with all Third-Party Credential requirements set by such third parties, and any password you use with such third parties should be different from the password(s) you use for the Products and Services. You agree that you are solely responsible for keeping your Third-Party Credentials safe and secure, and preventing unauthorized access to your account. In most instances, we cannot assist you with support for Third-Party Credentials or Third-Party Products and Services; you must contact the relevant third parties directly. We and our Third-Party Service Providers may deny access to the Products or Services (or any part thereof) if we believe that any loss, theft, or unauthorized use of Third-Party Credentials has occurred. You agree that our Third-Party Service Providers are not responsible for the security of your Third-Party Credentials.
- Keep backup copies of all your Content. “Content” means (a) any data or information that you enter or store in connection with a Product, (b) any data, information, or files that you uploaded to, download from, send or receive, or enter in connection with a Service, or (c) any data or information that is obtained from these things (such as calculations, reports, and files that are created using our software). In some cases, we or our Third-Party Service Providers may provide data storage or processing capabilities. Nevertheless, you agree that neither we nor our Third-Party Service Providers are responsible for any loss of Content. By way of example, (a) and (b) above may include, but are not limited to any identity documents, deeds, certificates, insurance policies, tax forms, messages, texts, photos, videos, wills, trust documents and other materials and information.
- Prevent unauthorized access to your account(s). You must contact us immediately if you become aware that an unauthorized party has accessed any linked account with a financial institution that you maintain using a Product or Service. Neither we nor our Third-Party Service Providers are responsible for unauthorized access that occurs as a result of your failure to safeguard your Credentials or follow any other requirements of this Agreement.
- Allow us or our Third-Party Service Providers to store and process your Content. To provide full Product and Service functionality, we must have access to the Content that you store or process using a Product or Service. You grant us, our Third-Party Service Providers, and each of our affiliates permission to use, reproduce, modify, adapt, publish, digitize, search, translate, collect, send, receive, process, store, alter, and create derivative works based on your Content, Credentials, and other information to provide the Products and Services. You further grant us and our Third-Party Service Providers permission to use information about you and your experience to provide the Products and Services, or to enhance the Products and Services. In addition, you agree that we, or our Third-Party Service Providers (when working on our behalf), or the Third-Party Products and Services as defined below, may (but are not obligated to) monitor your Content and record your transactions and actions while using our Products and Services. You agree that we may disclose any information that we obtain in this manner if necessary to satisfy our legal obligations, to protect us, or to prevent harm or fraud against customers or third parties. We or our Third-Party Service Providers may, in our sole discretion, refuse to process, remove, or refuse to allow any Content that we think is illegal, inappropriate, or in violation of this Membership Agreement or other applicable terms.
You acknowledge that the Products and Services are licensed and not sold. So long as you comply with the terms of this Membership Agreement and any other applicable terms and conditions, you are granted a personal, limited, nonexclusive, nontransferable, revocable license to use the Products and Services during the Membership Term.
You must accept updates and permit the Products and Services to communicate with us and our Third-Party Service Providers. The Products and Services may be periodically updated or changed for a variety of reasons (including security). Many of these updates will be invisible to you, but some may require some action on your part. Updates may add, remove, or alter Product and Service functionality or features, support for third-party platforms, or operating systems. You agree to receive these updates and take any actions that are required to continue to use the Products and Services.
You agree that you will not do any of the following:
- Use, nor permit any third-party to use, the Product or Services in a manner that violates any law, regulation, the Quicken Inc. Acceptable Use Policy, or any other applicable terms and conditions. You will not remove, duplicate, or modify any copyright or proprietary notices.
- Give, sell, loan, share or distribute the Products or Services to any third-party, or attempt to transfer your license to any other party. You may share access to the Products and Service and to your Content with your Designated User[s] as you have authorized. You will not attempt or help anybody else to gain unauthorized access to the Products and Services or related systems.
- Reproduce, duplicate, modify, copy, deconstruct, disassemble, decompile, reverse engineer, or prepare derivative works based on the Products or Services. You may not develop software or apps to interface with the Products and Services without our prior written approval.
- Permit any third-party to benefit from the use or functionality of the Products or Services via a rental, lease, timesharing, service bureau, hosting service, or other arrangement, or offer them on any file-sharing or application hosting service.
If we determine, in our sole discretion, that you have breached these Terms of Use (or the Quicken Inc. Acceptable Use Policy), or that your Estate Manager account presents a risk or other threat to us, other customers, or our Third-Party Service Providers, or if we are unable to verify your identity, we may take any of the following actions (without limiting or foregoing any other remedies available to us under the law or the terms of these Terms of Use):
- Suspend your access to your Membership, or specific functionality;
- Cancel your Membership;
- Contact Third-Party Service Providers to notify them of your activity, contact law enforcement or other third parties impacted by your activities; and/or
- Take legal action against you.
Taking the above actions will neither suspend nor terminate your payment obligations under these Terms.
You are responsible for your Content. Neither we, nor our Third-Party Service Providers, assume any responsibility or liability for any aspect of your Content. You agree that you will not upload, process, share, or link to any of the following:
- Content that is illegal, fraudulent, inappropriate, or objectionable, or that creates criminal or civil liability under any law.
- Any information, software, or Content which is not legally yours without permission from the copyright owner or intellectual property rights owner.
Membership Subscription:
- Your membership subscription will be billed to you in U.S. dollars, and your payment account will be debited at the start of your subscription term and be automatically renewed at the end of the subscription term, unless stated otherwise at the time of purchase. You must pay via a method acceptable to us, which may include a valid credit or debit card, funds transferred via electronic debit from a checking or savings account, or another payment option offered at the time of purchase. If your payment or registration information is not accurate, current, and complete, we may suspend or terminate your access to the Application and refuse any further use of Products and Services. In cases where you authorize repeat billing, we may participate in programs supported by your card provider (such as updater services, recurring billing programs, etc.) to try to update your payment information, and you agree that we may continue billing your account with the updated information that we obtain. For recurring Memberships, you authorize us to, upon the end of your Membership Term, automatically renew your periodic subscription at the then-current rates, unless you or we terminate this Agreement. If we are unable to charge your card or payment account, we may attempt to bill your card or payment account again until successful. If you dispute any charges, you must let Quicken know within sixty (60) days after the date that Quicken charges you. Additional payment terms may be provided to you at the time of purchase.
Discontinuation Policy:
You agree that we may discontinue a Product or Service, in whole or in part, at any time and for any reason. To the maximum extent permitted under applicable law, we and our Third-Party Service Providers reserve the right to discontinue all support for Products and Services, any of their discrete features, or any other features, at any time and for any reason. In the event of discontinuation pursuant to this section, we may provide up to six (6) months’ notice if practicable.
Termination:
Your privilege to use or access the Estate Manager Application may be terminated immediately and without notice if you fail to comply with any term or condition of the Terms. Upon such termination, you must immediately cease accessing or using the Product or Service and agree not to re-register or otherwise make use of the Estate Manager Application. Furthermore, you acknowledge that we reserve the right to take action — technical, legal, or otherwise — to block, nullify, or deny your ability to access the Application. You understand that we may exercise this right in our sole discretion. In our sole discretion, we may provide notice of failure to comply with a time period to remedy the failure prior to termination. We reserve the right, in our sole discretion, at any time and from time to time to change, modify, or discontinue functionality, either temporarily or permanently, of the Application (or any part thereof). We shall not be liable to you or any other third-party for any such modification, suspension or discontinuance except as expressly provided herein.
II. Third-Party Products and Services
Some Products and Services have functionality that is provided by third parties (including our Third-Party Service Providers in some cases). In some cases, Products and Services are provided by third parties entirely. All of these things are called Third-Party Products or Third-Party Services, or Third-Party Products and Services collectively. Some examples of Third-Party Products and Services are financial data aggregation services, credit reporting or monitoring, billing functionality, data storage and management, information services, and financial offerings. Other Third-Party Products and Services may be added in the future. The following provisions apply to your use of Third-Party Products and Services:
You must accept and comply with any applicable terms and conditions. You may be required to accept different or additional terms and conditions from our Third-Party Service Providers and third-party providers, even where the Products or Services are delivered to you via the interface with our Products. These different terms and conditions may include privacy, use of data or Content, storage limits, or payment (all such terms collectively the "Third-Party Terms"). You agree to comply with all Third-Party Terms and any requirements imposed by third-party providers (including our Third-Party Service Providers). Third-Party Terms may be updated without notice from time to time, and you agree to check periodically to be sure you have reviewed (and are in compliance with) any updates.
You may be required to create additional Third-Party Credentials, and you give us permission to store, use, and share them if necessary to provide Services that you select. You agree to create additional Third-Party Credentials if required to use Third-Party Products and Services, and to manage them according to our requirements and the Third-Party Terms. You should contact Customer Care at 888-688-2004 if there are any issues. If you access Third-Party Products or Services from within our Products or Services, then you grant us permission to store your Credentials for the Third-Party Products and Services, and you expressly appoint us as your attorney-in-fact and agent with limited power of attorney and with all necessary rights to use your Credentials on your behalf and to collect, send, receive, retrieve, process, store, and create new Content and other information from these Products and Services.
We may add or remove Third-Party Products and Services at our discretion. You are generally not required to accept Third-Party Products and Services, but you may only choose from available offerings. These offerings may change from time to time as we identify new Third-Party Products and Services that we think you may like, or as we determine that older ones are no longer useful.
The data contained in Third-Party Products and Services may not always be up to date. The latest data may not always be reflected in the Products and Services. You agree that in cases of important data, or where you require the most up-to-date information (such as financial transactions or other important decisions), you will go to the provider of the information directly. If you note a discrepancy between data viewed via our Products and Services, the Third-Party Products and Services, or the source of the data, please check with the source. We do not monitor and have no obligation to monitor any of your Content or other data that is stored or processed via any Third-Party Products and Services.
If you decide to use or access any Third-Party Products and Services through the Application, you acknowledge and agree that: (a) you are responsible to comply with any terms of usage of the Third-Party Products and Services , (b) unless we notify you otherwise, you are solely responsible for payment of any applicable charges or fees, and (c) you will not use the Third-Party Products and Services in a manner that infringes or violates the rights of us or any other third-party, or for any criminal, fraudulent, or other unlawful activity. Except for Third-Party Products and Services that we offer to you directly as part of our Products and Services, we are not affiliated with and do not control any Third-Party Products and Services. In no case do we endorse any Third-Party Products and Services. If you choose to send your Content or other data from within our Products and Services to the providers of Third-Party Products and Services, such data may be transferred to another country where privacy and security controls are less strict. We do not guarantee the safety or security of any such Content or other data.
To the maximum allowable extent, we are not responsible for Third-Party Products and Services. You acknowledge and agree that when we or our Third-Party Service Providers access and retrieve your account information and Content from providers of Third-Party Products and services, we are acting as your agent, and not as the agent of the provider. Neither we nor our Third-Party Service Providers review, and we are not responsible for, the accuracy of any data you receive from the providers. You understand and agree that we make no representations or warranties regarding the quality of the Third-Party Products and Services, or any data contained or processed therein. You agree that any and all liability arising out of your use of the Third-Party Products and Services (if any) is solely between you and the providers. To the maximum extent permitted by applicable law, under no circumstances will we or our Third-Party Service Providers or any of our licensors be liable to you or any other party for any fees, damages, claims, losses, costs, expenses, or liabilities arising out of or in any way related to the Third-Party Products and Services. In no case will you seek to hold us or our Third-Party Service Providers or any of our licensors responsible in any manner for the acts or omissions of such providers, even if negligent or intentionally wrongful.
Links to Third-Party Sites and Information.
We assume no liability in connection with your use of any Third-Party Products or Services. Any Content you post or data that you upload is subject to the terms of use and privacy policies of those sites and platforms. Please refer to those sites to better understand your rights and obligations.
III. General Terms
These General Terms are a part of our Terms, together with the Quicken Inc. Privacy Policy, Quicken Inc. Acceptable Use Policy, and Quicken Inc. E-Sign Act Policy Notice and Consent, govern your use of the Products and Services, together which we sometimes refer to as the “Platform”. We may change these Terms from time to time without notice. You accept these Terms when accessing the Platform. If you do not agree to these Terms, you may not use the Platform. We reserve the right, in our sole discretion and without notice, to change, modify, or otherwise alter these Terms at any time by posting the new Terms at https://www.quicken.com/terms-of-use/estate-manager. Your continued use of the Platform means you accept the new Terms.
License and Platform Access:
We grant you a limited license to access and make personal use of the Application to which you have subscribed unless stated otherwise herein. No other rights are granted. The following activities are all prohibited: (a) resale or transfer or commercial use of the Platform or its contents, (b) any derivative use of the Platform or its contents, or (c) any use of data mining, robots or similar data gathering and extraction tools or processes. You agree not to store, distribute, transmit, display, reproduce or modify any of the Quicken content on the Platform for any commercial purpose. By using the Platform, you warrant that you will not use the Platform, or any of the content obtained from the Platform, for any unlawful or prohibited purpose. We do not grant any license or other authorization to any trademarks, service marks, copyrightable material, or other intellectual property, whether or not registered or identified as such. You may not remove or modify any copyright or proprietary notices. If you violate any of these Terms, your permission to use the Platform automatically terminates.
Conduct:
You agree that you will not do any of the following:
- Utilize false credentials to set up or maintain your account.
- Restrict or inhibit any other user that is not your Designated User from using and enjoying the Application.
- Post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, threatening, abusive, hateful, offensive, or otherwise objectionable information of any kind, including without limitation content that promotes or would result in criminal offense, give rise to civil liability, or otherwise violate any local, state, national or foreign law.
- Post or transmit any content (whether to the Platform or in a Product or Service) that would impersonate someone else or falsely represent your identity or qualifications, or that would cause a breach of any individual's privacy.
- Post or transmit (whether to the Platform or in a Product or Service) any advertisements, solicitations, chain letters, investment opportunities, other schemes, or any unsolicited commercial communication. You agree not to engage in spamming or flooding.
- Post or transmit (whether to the Platform or in a Product or Service) any information or software which contains a virus, Trojan horse, worm or other harmful component.
- Post, publish, transmit, reproduce, distribute, or in any way exploit (a) any information, software or other material obtained through the Platform for commercial purposes, or (b) any information, software, or other material 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.
Platform Monitoring:
We have no obligation to monitor the Platform. However, you acknowledge and agree that we have the right to monitor the Platform electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation, or other governmental request; to operate the Platform or Services properly; or to protect us or our users. We reserve the right to refuse to post or to remove any information or materials, in whole or in part, that, in our sole discretion, are unacceptable, undesirable, inappropriate, or in violation of these Terms.
Liability for the action of Designated Users:
We disclaim any lability for the action, or failure to act, of your Designated User(s). You are responsible for the actions of your Designated Users.
Feedback:
We may provide you with a mechanism to provide feedback, in connection with the Application (“Feedback”). You agree that we may, in our sole discretion, use the Feedback you provide in any way, including in future modifications of the Platform, multimedia works, advertising and promotional materials, or development of Products and Services. You agree not to submit any Feedback that you do not have rights in, such as copyrighted material belonging to a third a party. You hereby grant us a perpetual, worldwide, fully transferable, irrevocable, royalty-free license to use, reproduce, modify, create derivative works from, distribute, and display the Feedback and any derivations in any manner and for any purpose, and you hereby waive all of your rights in your Feedback in favor of us, our Third-Party Service Providers, and our affiliates.
Community Forums:
We may include a community forum or other social features to permit members to share content and information. We do not monitor and are not responsible for the content in these community forums. Please use respect when you interact with other users. Additional terms may apply.
Investment Data:
The Application may offer price quotes on your investment holdings, news stories, and other data for your convenience. Quotes and news stories accessed within a trading day may be delayed at least 20 minutes. Market quotes and certain other information on this Platform, as well as reference materials or links to other Platforms, are for general informational purposes only, and are not intended to be relied upon as investment advice. You acknowledge and agree that you bear responsibility for your own investment research and investment decisions, and prior to the execution of a securities trade you should always consult with your broker or other financial representative to verify securities pricing information. Neither Quicken Inc. nor any of its data or content providers guarantees the accuracy, completeness, or timeliness of information on this Platform, and they are not liable for any errors or delays in the content or for any actions taken in reliance thereon.
Governing Law; Dispute Resolution:
The laws of the state of California govern this Agreement. Any dispute or claim relating in any way to the products or services or any part of 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 California 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. You agree that you and we are each waiving the right to file a lawsuit and the right to a trial by jury. In addition, you and we 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.
Agreement to Arbitrate:
Any dispute or claim relating in any way to the products or services or any part of 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 California 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. You agree that you and we are each waiving the right to file a lawsuit and the right to a trial by jury. In addition, you and we 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.
To begin an arbitration proceeding, send a letter requesting arbitration and describing your claim to Quicken Inc., in care of our registered agent Corporation Service Company, 2710 Gateway Oaks Drive., Suite 150N, Sacramento, CA 95833. Arbitration will be conducted by the American Arbitration Association (AAA) before a single AAA arbitrator under the AAA's rules, which are available at https://www.adr.org/ or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees and costs will be governed by the AAA's rules, but if you are unable to pay any of them, we will pay them for you for claims totaling less than $75,000 unless the arbitrator determines the claims are frivolous. We and you will not seek its attorneys' fees or other costs in arbitration unless the arbitrator determines that the claims or defenses of a party are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, virtually, or in person in the county where you live or at another mutually agreed location. The decision of the arbitrator shall be final and not appealable, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. This section shall survive expiration, termination or rescission of this Membership Agreement.
Opt-Out:
Without limiting the above, you have the right to litigate any Dispute in a court of general jurisdiction if you provide Us with written notice to Quicken Inc., in care of our registered agent Corporation Service Company, 2710 Gateway Oaks Drive., Suite 150N, Sacramento, CA 95833 (such notice, an “Arbitration Opt-out Notice”). To be effective, an Arbitration Opt-Out Notice must: (A) contain your name, the date, your email address, and a statement expressing your desire to opt out of binding arbitration; and (B) be received by Us within 30 of the date you subscribe to Quicken Platform. Except for small claims actions, you knowingly and intentionally waive your right to litigate any dispute in any court of general jurisdiction if you don’t provide us with an arbitration opt-out notice in accordance with the foregoing requirements. The sole and exclusive jurisdiction and venue for any Small Claims Action or any Dispute where you timely provide Us with a valid Arbitration Opt-out Notice are the state and federal courts located in San Mateo, California, and you and we each waive any objection to jurisdiction and venue in such courts. The following Sections below apply to all Disputes that are not Small Claims Actions, IP Protection Actions, or Disputes where you provided Us with a valid Arbitration Opt-Out Notice.
Class Action Waiver:
Any proceedings to resolve or litigate any dispute in any forum must be conducted solely on an individual basis. Neither you nor we may seek to have any dispute heard as a class action, a representative action, a collective action, a private attorney-general action, or in any proceeding in which you or we act(s) or propose(s) to act in a representative capacity. No arbitration or proceeding may be joined, consolidated, or combined with another arbitration or proceeding without the prior written consent of all parties to any such arbitration or proceeding, including our prior written consent and your prior written consent.
AAA Not Integral to Agreement to Arbitrate:
The use of the American Arbitration Association (“AAA”) to administer arbitration is not integral to the parties’ agreement to arbitrate Disputes. If the AAA will not or cannot conduct an arbitration, you and We will negotiate in good faith to agree on a sole arbitrator who will resolve the Dispute as provided in the Consumer Procedures. If the parties cannot agree on an arbitrator, either you or We may request a court of competent jurisdiction to appoint an arbitrator, who will follow the Consumer Procedures.
Severability:
If one or more parts of this section titled “Binding Arbitration and Class Action Waiver” are found to be illegal, invalid or unenforceable as to all or some parts of a Dispute, then, and only in that circumstance, those parts will be severed and the Dispute will be resolved subject to all remaining parts. If such severance results in all or some parts of a Dispute proceeding in a court of law, the exclusive jurisdiction and venue for any such court proceeding will be the state or federal courts sitting in California. For purposes of any such court proceeding, you consent to, and will not challenge, such courts’ personal jurisdiction over you, and you further waive objection based upon improper venue or forum non convenience and will not seek transfer to another district or jurisdiction.
FAA.
The Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of all provisions of this Agreement relating to arbitration.
Disclaimer:
Your use of the Products and Services is entirely at your own risk. Except as described in this agreement, the Products and Services (including any products and services provided by a third-party) are provided "as is" and "as available." To the maximum extent permitted by applicable law, we, our affiliates, and each of our Third-Party Providers, subcontractors, licensors, distributors and Third-Party Service Providers disclaim all warranties, express, implied, or statutory, including any warranty that the Products and Services are fit for a particular purpose; all warranties of title, merchantability, data loss, or non-interference with or non-infringement of any intellectual property rights; and any guarantee of the accuracy, reliability, quality, or content in or linked to the Products and Services. We, our affiliates, and our Third-Party Service Providers do not warrant the comprehensiveness, completeness, correctness, legality, or accuracy of the Products and Services, or that the Products or Services are secure or free from bugs, viruses, interruption, errors, theft, or destruction of your computer system or other device, or loss of data, resulting from your use of the Products or Services or Third-Party Products and Services.
If the exclusions for implied warranties do not apply to you, any implied warranties are limited to 30 days from the date of purchase or delivery of the Products or Services, whichever is sooner. We, our affiliates, and each of our Third-Party Service Providers disclaim any representations or warranties that your use of the Products or Services will satisfy or ensure compliance with any legal obligations or laws or regulations.
Some jurisdictions do not allow the exclusion of implied warranties, so these exclusions may not apply to you.
Limit of Liability and Indemnification:
To the maximum extent permitted by applicable law, the entire liability of us, our affiliates, and each of our Third-Party Service Providers for all claims relating to this agreement shall be limited to the amount you paid for the Product or Service that is the subject of your claim, during the twelve (12) months prior to such claim.
Subject to applicable law, we, our affiliates, and each of our Third-Party Service Providers 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, or spyware; (c) loss of business, revenue, profits or investment, or for any damages or compensation relating to your opportunity costs or time spent addressing any errors or issues arising from or relating to your use or inability to use the products or services; or (d) use of the Products or Services with software or hardware that does not meet our requirements.
The above limitations apply even if we and our affiliates and Third-Party Service Providers have been advised of the possibility of such damages. This agreement sets forth the entire liability of us, our affiliates, and each of our Third-Party Service Providers, and your exclusive remedy with respect to the Products and Services.
You agree to indemnify, defend, and hold us and our affiliates and each of the Quicken service providers harmless from any and all claims, liability and expenses, including reasonable attorneys' fees and costs, arising out of your use of the Products or Services or breach of this Agreement (collectively referred to as "Claims"). In addition, you agree to indemnify, defend, and hold us and our affiliates harmless from any and all Claims arising out of your use of Third-Party Products and Services. We reserve the right, in our sole discretion and at our own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by us or our Third-Party Service Providers in the defense of any Claims.
In the event you have a dispute with other users of the Products or Services, you release, indemnify, and hold us harmless, from Claims arising out of, or in any way connected with, such disputes. For instance, and without limitation, Quicken Inc. will not be liable to any user or Designated User[s] for claims arising out of probate or estate disputes.
Termination:
You agree that we may immediately, in our sole discretion and without notice, terminate this Agreement or your use of the Products and Services if you fail to comply with this Agreement or if you no longer agree to receive electronic communications, or for any other reason. The following provisions of this Agreement shall survive and remain in effect even if the Agreement is terminated, cancelled, or rescinded: grant of rights in your feedback and communications, limit of liability and indemnification, governing law and dispute resolution, export control, all provisions pertaining to your credentials and your Content, all general provisions, and any other provisions which by their nature are intended to survive.
This Agreement, including external documents referenced herein (including the Quicken Inc. Privacy Statement), is the entire agreement between you and us and replaces all prior understandings, communications, and statements regarding its subject matter. If any part of this Agreement is found to be invalid the remainder will be enforced to the maximum possible extent. The United Nations Convention on Contracts for the International Sale of Goods does not apply. You cannot assign or transfer this Agreement without our written approval, but we may assign or transfer it without your consent to: (a) an affiliate, (b) another company through a sale of assets or ownership shares, or (c) a successor by merger, acquisition, or divestiture.
You agree that you will comply with all applicable laws and regulations. You will not export or re-export the software, or any portion thereof, directly or indirectly, in violation of the applicable Canadian and U.S. export administration laws and regulations to any country or end user who you know or have reason to know will utilize them in the design, development, or production of nuclear, chemical, or biological weapons. You further agree that the software may include technical data subject to U.S. export regulations.
Miscellaneous:
These Terms are a complete statement of the agreement between you and us and our Third-Party Service Providers and set forth the entire liability of us and our Third-Party Service Providers and your exclusive remedy with respect to your access and use of the Site. In the event of a conflict between these Terms of Service and the Privacy Statement, the Privacy Statement shall prevail as to matters specifically stated therein. Our Third-Party Service Providers, agents, distributors, dealers, and employees are not authorized to make any representations, commitments, or warranties different from those stated here. If any provision of these Terms 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, and the remaining provisions will continue in full force and effect. The section above entitled "Governing Law; Dispute Resolution" shall apply to any dispute whether in contract, tort, or otherwise arising from or in any way related to the Terms, regardless of membership status. These Terms do not limit any rights that we may have under trade secret, copyright, patent or other laws.
IV. Glossary
API means the application programming interface provided by the Application.
Business Day means a day other than a Saturday, Sunday or a public holiday in the United States when financial institutions are open for business.
Credentials means your Application log-in username and password.
Designated User(s) means the person(s) or entity(ies) you designate to access, view, or otherwise utilize your Account for the purposes, and in the timeframes, that you designate.
Product means any Quicken Estate Manager branded software that we offer, as well as any related Products such as third-party software or apps that we make available to members.
Services means all products, services, content, features, technologies or functions offered by us and all related websites, applications (including the App), and services (including the Website and API).
The Account refers to the user account on the website or mobile app you have opened with us in accordance with these Terms for use of our Products and Services.
Third-Party Credentials means third-party log-in username and password information.
Third-Party Products or Third-Party Services are products and services, respectively, that have functionality that is provided by parties other than us.
Third-Party Service Provider means a third-party that we may work with to provide you Services.
Website means any webpage, including but not limited to https://www.quicken.com, https://estate.quicken.com, or other website, where we provide Services to you.