Thank you for selecting the Software offered by Quicken Inc. and/or its subsidiaries and affiliates (referred to as "Quicken," "we," "our," or "us"). Review these license terms ("Agreement") thoroughly. This Agreement is a legal agreement between you and Quicken, a U.S.-based company. By clicking "I Agree," indicating acceptance electronically, or by installing, accessing or using the Software, you agree to these terms. If you do not agree to these terms, then you may not use the Software.
A. GENERAL TERMS
1.1 This Agreement describes the terms governing your use of the Quicken Software including content, updates and new releases (collectively, the "Software"). It includes by reference:
- Quicken's Privacy Statement, accessible via the Software or available on the Quicken website, or provided to you otherwise;
- Additional Terms and Conditions below, as well as any additional terms from third parties; and
- Any terms provided separately to you for the Software including without limitation product or program terms; ordering, activation, payment terms and the like, and any other separately-provided terms and conditions.
2. LICENSE GRANT AND RESTRICTIONS
2.1 The Software is protected by copyright, trade secret, and other intellectual property laws. You are only granted certain limited rights to install and use the Software, and Quicken reserves all other rights in the Software not granted to you in writing herein. As long as you meet any applicable payment obligations and comply with this Agreement, Quicken grants you a personal, limited, nonexclusive, nontransferable, revocable license to use the Software only for the period of use provided in the ordering and activation terms, as set forth in this Agreement, or in accordance with Quicken's then-current product discontinuation policies, as updated from time to time, and only for the purposes described by Quicken for the Software.
2.2 You acknowledge and agree that the Software is licensed, not sold. You agree not to use, nor permit any third party to use, the Software in a manner that violates any applicable law, regulation or this Agreement. Unless otherwise permitted by Quicken in writing you agree that you will not:
- Provide access to or give the Software or any part of the Software to any third party;
- Reproduce, duplicate, modify, copy, deconstruct, reverse-engineer, sell, trade or resell the Software;
- Transfer your license to the Software to any other party;
- Attempt unauthorized access to any other Quicken systems that are not part of the Software;
- Permit any third party to benefit from the use or functionality of the Software via a rental, lease, timesharing, service bureau, hosting service, or other arrangement; or
- Make the Software available on any file-sharing or application hosting service.
For Software licensed on a payment or subscription basis, the following payment terms apply, unless Quicken notifies you otherwise in writing. This Agreement also incorporates by reference and includes program ordering and payment terms provided to you for the Software.
3.1 Payments will be billed to you in Canadian dollars, and your account will be debited when you subscribe and provide your payment information, unless stated otherwise in the program ordering or payment terms on the website for the Software.
3.2 You must pay with one of the following:
- A valid credit card acceptable to Quicken;
- A valid debit card acceptable to Quicken;
- Sufficient funds in a checking or savings account to cover an electronic debit of the payment due; or
- Another payment option that Quicken provides to you in writing.
3.3 If your payment and registration information is not accurate, current and complete, and you do not notify us promptly when such information changes, we may suspend or terminate your account, terminate your license and refuse any further use of the Software.
3.4 If you do not notify us of updates to your payment method (e.g., credit card expiration date), to avoid interruption of your service, we may participate in programs supported by your card provider (e.g., updater services, recurring billing programs, etc.) to try to update your payment information, and you authorize us to continue billing your account with the updated information that we obtain.
3.5 Quicken may automatically renew your subscription at the then-current rates, as described below in the section entitled “SUBSCRIPTION.”
3.6 Additional cancellation or renewal terms may be provided to you on the website for the Software.
When you license the Software on a subscription basis (“Paid Subscription”), the Software becomes immediately available to you once your initial payment is processed. Your Paid Subscription will continue for a period specified at the time of order. The Paid Subscription is paid in full in advance and you will be charged the applicable subscription price stated at the time of purchase as one lump sum, plus applicable taxes. When you purchase a Paid Subscription, it will renew automatically at the end of the applicable subscription period and Quicken will bill you for an additional subscription term at the then-current price unless the Software license or Subscription is cancelled or terminated under this Agreement.
If you do not wish your Paid Subscription to auto-renew, you may cancel it at any time before the end of your current subscription period. If you cancel your Paid Subscription within 30 days of the start date of your initial subscription period, you will receive a full refund. If you cancel more than 30 days after the start date of your initial subscription period, you will not be entitled to a refund on any remaining portion of your Paid Subscription and will continue to have access to the Software until the end of your contracted term. Cancellation can be requested at any time by visiting your My Account page or by contacting our Customer Service Centre at 1 (650) 250-1900. If you cancel your Paid Subscription and you later decide to re-subscribe, you will be charged the then-current subscription price.
5. YOUR PRIVACY AND PERSONAL INFORMATION
You can view Quicken's Privacy Statement applicable to the Software on the Quicken company website. You agree to the applicable Quicken Privacy Statement, and any changes published by Quicken. You agree that Quicken may use and maintain your data (including personal information) according to the Quicken Privacy Statement. You give Quicken permission to combine identifiable and non-identifiable information you enter or upload in connection with the Software with that of other users of the Software and/or other Quicken services. For example, this means that Quicken may use your and other users' non-identifiable, aggregated data to improve the Software or to design promotions and provide ways for you to compare business practices with other users.
Quicken is a global company and utilizes industry standard technology resources in multiple countries to maintain high security standards. As such, some personal information may be shared with Quicken and its subsidiaries and/or stored in multiple countries, including countries outside of your own country.
6.1 You are responsible for your content. You are responsible for all materials uploaded, posted or stored through your use of the Software (collectively "Content"). You grant Quicken a worldwide, royalty-free, non-exclusive license to host and use any Content provided through your use of the Software. Archive your Content frequently. You are responsible for lost or unrecoverable Content. Quicken is not responsible for the Content or data you provide through your use of the Software.
You agree not to use the Software, nor permit any third party to use the Software, to upload, post, distribute, link to, publish, reproduce, engage in or transmit any of the following:
a. Illegal, fraudulent defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that would encourage "flaming" others, or result in criminal or civil liability under any local, state, federal or foreign law;
b. Content that would impersonate someone else or falsely represent your identity or qualifications, or that constitutes a breach of any individual's privacy;
c. Except as permitted by Quicken in writing, investment opportunities, solicitations, chain letters, pyramid schemes, or other unsolicited commercial communication (including spamming or flooding any of the foregoing);
d. Viruses, Trojan horse, worms or other disruptive or harmful software or data; or
e. Any information, software or Content which is not legally yours, except with permission from the owner of the copyright or intellectual property rights therein.
6.2 Community forums. The Software may include a community forum or other social features to exchange Content and information with other users of the Software and the public. Please use respect when you interact with other users. Quicken does not support and is not responsible for the content in these community forums. Do not reveal information that you do not want to make public. Quicken is not responsible for posted hypertext links or content of third parties.
6.3 Quicken may freely use feedback you provide. You agree that Quicken may use your feedback, suggestions, or ideas in any way, including in future modifications of the Software, other products or services, advertising or marketing materials. You grant Quicken a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to Quicken in any way.
6.4 Quicken may monitor your Content. Quicken may, but has no obligation to, monitor content on or via the Software. We may disclose any information necessary to satisfy our legal obligations, protect Quicken or its customers, or operate the Software properly. Quicken, in its sole discretion, may refuse to post, remove, or refuse to remove, any content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of this Agreement.
7. ADDITIONAL TERMS
7.1 Quicken does not give professional advice. Unless specifically included with the Software, Quicken is not in the business of providing legal, financial, accounting, tax, health care, real estate or other professional services or advice. Consult the services of a competent professional when you need this type of assistance.
7.2 We may tell you about other Quicken services. You may be offered other services, products, or promotions by Quicken ("Quicken Services"). Additional terms and conditions and fees may apply. With some Quicken Services you may upload or enter data such as names, addresses and phone numbers, purchases, etc., to the Internet. You grant Quicken permission to use information about you or your business and your experience to help us to provide the Quicken Services to you and to enhance the Software or the Quicken Services. You grant Quicken permission to combine your data (including business data, if any) with that of others in a way that does not identify you or any individual personally. You also grant Quicken permission to share or publish summary results and to distribute or license such data to third parties.
7.3 Communications. Quicken may be required by law to send you communications about the Software or third party products. You agree that Quicken may send these communications to you via email or by posting them on our websites.
7.4 You will manage your passwords and accept updates. You are responsible for securely managing your password(s) for access to the Software and to contact Quicken If you become aware of any unauthorized access to your account. The Software may periodically be updated with tools, utilities, improvements, third party applications, or general updates to improve the Software. You agree to receive these updates.
8. DISCLAIMER OF WARRANTIES
8.1 YOUR USE OF THE SOFTWARE AND CONTENT IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS DESCRIBED IN THIS AGREEMENT, THE SOFTWARE IS PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, QUICKEN, ITS AFFILIATES, AND ITS THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY "SUPPLIERS") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SOFTWARE IS FIT FOR A PARTICULAR PURPOSE, WARRANTIES OF TITLE, MERCHANTABILITY, DATA LOSS, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OR CONTENT IN OR LINKED TO THE SOFTWARE. QUICKEN AND ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT THE SOFTWARE IS SECURE OR FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION. IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO 60 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE SERVICES, WHICHEVER IS SOONER. SOME PROVINCES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM PROVINCE TO PROVINCE.
8.2 QUICKEN AND ITS AFFILIATES AND SUPPLIERS DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SOFTWARE WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS.
9. LIMITATION OF LIABILITY AND INDEMNITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF QUICKEN, ITS AFFILIATES AND SUPPLIERS FOR ALL CLAIMS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SOFTWARE DURING THE TWELVE (12) MONTHS PRIOR TO SUCH CLAIM. SUBJECT TO APPLICABLE LAW, QUICKEN, ITS AFFILIATES AND SUPPLIERS 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, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET QUICKEN SYSTEMS REQUIREMENTS. THE ABOVE LIMITATIONS APPLY EVEN IF QUICKEN AND ITS AFFILIATES AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF QUICKEN AND ITS AFFILIATES AND SUPPLIERS, AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SOFTWARE AND ITS USE.
You agree to indemnify and hold Quicken and its Affiliates and Suppliers harmless from any and all claims, liability and expenses, including reasonable attorneys' fees and costs, arising out of your use of the Software or breach of this Agreement (collectively referred to as "Claims"). Quicken reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by Quicken in the defense of any Claims.
We reserve the right to change this Agreement at any time, and the changes will be effective when posted on our website for the Software or when we notify you by other means. We may also change or discontinue the Software, in whole or in part. Your continued use of the Software following such notice indicates your agreement to the changes.
Quicken may immediately, in its sole discretion, and without notice terminate this Agreement or your use of the Software if you fail to comply with this Agreement or if you no longer agree to receive electronic communications, or for any other reason. Upon termination you must immediately stop using and delete or destroy all copies of the Software and any outstanding payments will become due. Any termination of this Agreement shall not affect Quicken's rights to any payments due to it. Quicken may terminate a free account at any time. Sections 1.1, 2.2, and 5 through 16 of Part A, as well as Sections 2.3, 3.5, 3.6, 4, and 6 through 10 of Part B will survive and remain in effect even if the Agreement is terminated, cancelled or rescinded.
12. EXPORT RESTRICTIONS
You acknowledge that the Software (including any mobile or companion apps and the underlying software) is subject to restrictions and controls imposed by the Export and Import Permits Act (Canada) and regulations enacted under the Export and Import Permits Act, as well as U.S. export control regulations administered by the U.S. Department of Commerce (15 C.F.R. Chapter VII). 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 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 such Canada and U.S. export regulations.
13. GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by the laws of The Province of Ontario and the federal laws of Canada without regard to their conflicts of laws provisions. To resolve any legal dispute arising from this Agreement, you and Quicken agree to the exclusive jurisdiction of the Province of Ontario. Quicken does not represent that the Software is appropriate or available for use in all countries. Quicken prohibits accessing materials from countries or states where contents are illegal. You are using the Software on your own initiative and you are responsible for compliance with all applicable laws.
The parties hereby confirm that they have requested that this Agreement and all related documents be drafted in English. Les parties ont exigé que le présent contrat et tous les documents connexes soient rédigés en anglais.
This Agreement, including the Additional Terms below, is the entire agreement between you and Quicken and replaces all prior understandings, communications and agreements, oral or written, regarding its subject matter. If any court of law having the jurisdiction rules that any part of this Agreement is invalid, that section will be removed without affecting the remainder of the Agreement. The remaining terms will be valid and enforceable. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. You cannot assign or transfer ownership of this Agreement to anyone without written approval of Quicken However, Quicken may assign or transfer it without your consent to (a) an affiliate, (b) a company through a sale of assets by Quicken or (c) a successor by merger. Any assignment in violation of this Section shall be void.
16. PROVINCE SPECIFIC TERMS
These terms apply only to consumers in the following province. In the event of a conflict between the terms of this Agreement and this Section 16, the terms of this Section 16 shall apply:
Quebec Consumers. If you are a Québec Consumer, the following terms apply to you:
Disclaimer of warranties. The sole warranty applicable to this Agreement and the Services is the mandatory legal warranty provided under the Civil Code of QuÉbec and any warranty provided for under the Consumer Protection Act (Québec).
Modifications. The provisions relating to the Services, the price and payment terms for the Services, the party providing the Services, renewal and termination rights, and any provision of the Privacy Statement may be modified or amended upon 30 days prior written notice setting out (i) the new clause or the amended clause and the clause as it read formerly, and (ii) the date of the coming into force of the such modification or amendment. If we do not allow you to maintain this Agreement unamended, you will have the right to terminate this Agreement during the notice period.
Termination. Termination of this Agreement by Quicken without default by you is only effective upon 60 days prior written notice.
Governing law. Any disputes arising out of or related to this Agreement or the Services shall be governed by the laws of Province of Québec and the laws of Canada applicable therein.
B. ADDITIONAL TERMS AND CONDITIONS FOR THE SOFTWARE, ADD-ON PRODUCTS, AND RELATED SERVICES
1. IMPORTANT NOTICE: IF YOU USE THE QUICKEN SOFTWARE OR ANY QUICKEN SERVICES, THE FOLLOWING ADDITIONAL TERMS ALSO APPLY TO YOU, IN ADDITION TO THE GENERAL TERMS ABOVE. Capitalized terms not otherwise defined below have the meaning given to them in the terms of the General Terms above. In a conflict between these Additional Terms and Conditions and the General Terms above, the below Additional Terms and Conditions will prevail.
2. QUICKEN CASH MANAGER AND QUICKEN HOME AND BUSINESS SOFTWARE ("QUICKEN SOFTWARE") LICENSE GRANT, USE CONDITIONS, LIMITATIONS AND RESTRICTIONS
2.1 License Grant. Quicken grants you the following additional rights, provided that you comply with all of the terms and conditions of this Agreement. Such rights are granted with respect to Quicken Cash Manager and Quicken Home and Business (collectively “Quicken Software”), including other programs, tools, components, and updates (i.e., bug fixes, maintenance releases, help content, service information, etc.) that Quicken provides or makes available to you after the date you obtained your initial copy of the Quicken Software. Some of these updates may be accompanied by and subject to additional terms. You may install and use a copy of the Quicken Software on up to three (3) computers used by a single household. If you purchased a valid license for the Quicken Software and received an Authentic Quicken CDROM, such CDROM is your backup copy of the Quicken Software. If you purchased a valid license and received the Quicken Software pre-installed on a new computer or through an electronic download, you may make one backup copy of the Quicken Software, but only for the purpose of reinstalling the Software, if needed, on the computer(s) referenced above.
2.3 Additional Restrictions. In addition to the restrictions contained in Part A above, you are not licensed or permitted under this Agreement to do any of the following: (a) modify, adapt, translate, rent or sublicense the Quicken Software (including offering the Quicken Software to third parties on an applications service provider or time-sharing basis); (b) assign, loan, resell, transfer or distribute the Quicken Software, CDROM(s), or related materials or create derivative works based upon the Quicken Software or any part thereof; (c) network the Quicken Software; (d) copy the Quicken Software in whole or part, except as expressly stated in this Agreement; or (e) use trade secret information contained in the Quicken Software for any purpose. You may not develop software to interface with the Quicken Software. You agree not to (and not to permit others to): (i) decompile, disassemble, or otherwise reverse engineer the Quicken Software, except as otherwise expressly permitted by applicable law; or (ii) remove, alter or obscure any confidentiality or proprietary rights notices (including copyright notices) of Quicken or its licensors on or within the Quicken Software or any copies of the Quicken Software. All license transfers are subject to written approval by Quicken and may be subject to a transfer fee determined by Quicken in its sole discretion.
3. FINANCIAL INSTITUTION SERVICES
3.1 General. In connection with your use of the Quicken Software and as part of the functionality of the Quicken Software, you may have access to certain online services that may be made available by your financial institutions ("FI Services"). The Quicken Software is designed to allow you to access FI Services (if and to the extent provided by your financial institutions) to set up banking information, download transactions into the Quicken Software and otherwise aggregate information from your account(s) with your financial institutions. You acknowledge and agree that Quicken has no control over the provision of FI Services or provision of access to the FI Services by your financial institutions, does not guarantee that you will be able to use the Quicken Software with the FI Services, and will have no liability whatsoever for any actions or inactions on the part of the financial institutions resulting in your inability to use the Quicken Software to access your accounts, obtain data, download transactions, or otherwise use or access the FI Services. If you lose or forget your user name or password, it will be necessary for you to return to the appropriate financial institution if you have any problems with respect to that user name or password.
3.2 Quicken Software Password Vault. For Quicken Software access to Account Information can be through the optional use of the Password Vault. The Password Vault allows you to store your FI Account Information for multiple financial institutions in one place with a vault password created by yourself to access your FI Account Information. The Password Vault provides cryptographic protection to your data, but factors such as a well-chosen password, physical security for your computer and proper safeguards when you use a network or the Internet are all important factors in the set of protections necessary to provide security for your data.
3.3 Collection of Financial Institution Account Information. You acknowledge that in accessing the FI Services through the Quicken Software, your financial institution account number(s), and the actual data in your account(s) with such financial institution(s) such as bank balances, credit card charges, debits and deposits (collectively, "FI Account Data"), are collected and stored in the Quicken Software. You authorize Quicken, or companies working on Quicken’s behalf, to use certain FI Account Data to (i) collect your FI Account Data, (ii) reformat and manipulate such FI Account Data, (iii) create and provide hypertext links to your financial institutions, (iv) address errors or service interruptions, (v) enhance the type of data and services we can provide to you in the future, and (vi) take such other actions as are reasonably necessary to perform the actions described in (i) through (v). You further acknowledge that Quicken does not review your FI Account Data for completeness or accuracy and agrees that Quicken is not responsible for its completeness or accuracy. Any transactions or informational activities performed at any financial institution's website are not made through the Quicken Software and Quicken assumes no responsibility for such transactions or activities. You are solely responsible for any charges associated with your financial institutions.
3.4 Information from Financial Institutions' Websites. You acknowledge and agree that (i) some financial institutions may not allow the Quicken Software to access the FI Services, (ii) financial institutions may make changes to their websites, with or without notice to us, that may prevent or delay aggregation of information from such websites, and (iii) the Quicken Software "refreshes" the Quicken Account Data by collecting the FI Account Data nightly, so your most recent transactions may not be reflected in any account balances or other account information presented to you in the Quicken Software. If you see a discrepancy in Quicken Account Data, and in any case before making any transactions or decisions based on such account information presented in the Quicken Software, you should check the last refresh date for the account and confirm Quicken Account Data is correct by following the link back to the applicable financial institution or otherwise confirm that Quicken Account Data is up to date and accurate.
3.5 You are responsible for your relationship with financial institutions. If you decide to use or access any FI Services, you acknowledge and agree that: (a) you are responsible for your relationship with the financial institution; (b) you will review and comply with all financial institution terms and conditions, including any subscription terms, and are solely responsible for payment of any charges or fees associated with your use of any FI Services; and (c) you will not use the FI Services in any manner that infringes or violates the rights of any financial institution or other service providers (including Quicken, if applicable), or other third parties, or in furtherance of any criminal, fraudulent, or other unlawful activity. Quicken is not affiliated with and does not endorse any FI Services.
3.6 Control over the provision of FI Services. You acknowledge and agree that financial institutions may make changes to their websites, policies, or practices with or without notice to you or us, and these changes may impact your ability to access FI Account Data, or the quality of data generally. We do not guarantee that the FI Account Data from financial institutions will be the most currently available. You also understand and agree that if you agree to permit transmission of data to any financial institution, depending on the particular financial institution you choose, your FI Account Data may be transferred to another country where security and privacy controls may not be adequate for data protection. You should consult terms and privacy policies of any provider of FI Services to determine their practices for processing (collecting, storing, using) your data.
YOU ACKNOWLEDGE AND AGREE THAT WHEN QUICKEN ASSISTS YOU IN ACCESSING AND RETRIEVING FI ACCOUNT DATA, QUICKEN IS ACTING AS YOUR AGENT AND WITH YOUR AUTHORITY, AND NOT AS THE AGENT OF OR ON BEHALF OF THE PROVIDER OF THE FI SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL QUICKEN 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 ANY FINANCIAL INSTITUTION OR OTHER THIRD PARTY SERVICES, OR ANY QUICKEN ONLINE FEATURES RELATED THERETO, UNLESS PROVIDED WHOLLY BY QUICKEN WITHOUT THE INVOLVEMENT OF ANY THIRD PARTY.
4. USE OF THE QUICKEN SERVICE WITH MOBILE DEVICES
If available for your Quicken Software version, any mobile access to the Quicken online features or ancillary services may require a compatible mobile device with Internet access, and may require other software. You understand mobile access may not be available for all mobile devices or all mobile service providers, and you agree you alone are responsible for any mobile device or service provider requirements necessary to enable or maintain mobile access (including any applicable changes, updates, fees, and separate user agreement terms). QUICKEN MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (i) THE ACCESS OR AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR MOBILE DEVICE OR SERVICE PROVIDER, INCLUDING ACCESS OR AVAILABILITY AT ANY TIME OR FROM ANY LOCATION; (ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES OR MOBILE DEVICES; AND (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS, OR SETTINGS CONNECTED WITH THE SERVICES.
5. SATISFACTION GUARANTEED
If you are not satisfied with the Quicken Software, you may cancel your subscription and request a refund of the purchase price at any time within 30 days of the start date of your subscription period by calling 1 (650) 250-1900.
6. QUICKEN DISCONTINUATION POLICY AND TERMINATION OF SUPPORT
To the maximum extent permitted under applicable law, Quicken reserves the right to discontinue all support for the Quicken Software, any online features, any of their discrete components, or any other features or services or content accessible through the Quicken Software at any time and for any reason.
More information about Quicken’s discontinuation policy is available at https://www.quicken.com/support/quicken-discontinuation-policy.
7. UPLOADED DATA; CONTENT
7.1 You agree and acknowledge that you are solely responsible for all of your content or Quicken account data that you enter or upload or have access to when using the Quicken Software. Quicken does not control the content of the data stored within users' accounts and does not have any obligation to monitor such content or Quicken account data for any purpose.
7.2 In addition to any use limitations or other restrictions stated in the General Terms above, you acknowledge and agree that your account may be subject to limitations on storage, and/or the quantity, size and format of the data or other content or Quicken account data permitted for upload. Quicken reserves the right to change such limitations from time to time, and the changes will be effective when posted on the Quicken website or when we notify you by other means.
7.3 The Quicken Software and any related online features or ancillary services may not check or scan your uploaded content or Quicken account data entered for viruses or other harmful code and the original resolution of your content or Quicken account data may be affected. You are solely responsible for any data or content that may be lost or unrecoverable for any reason. You must archive such items frequently, and Quicken assumes no liability for your failure to do so or for loss of any data or content.
7.4 You acknowledge and agree that you are not entitled to any compensation for any advertisements and other information that Quicken and its licensees may display adjacent to or included with your data or content on and through the Quicken Software. Quicken reserves the right to change the manner, mode and extent of such advertising at any time, in its sole discretion, with or without notice.
7.5 You acknowledge that you may be offered additional discounts, products and services at Quicken's discretion, when and if they become available. Quicken is under no obligation to make any such offers to you or any other user.
8. SOCIAL MEDIA SITES
9. TRIAL VERSIONS AND BETA FEATURES
If you registered for a trial use of the Quicken Software ("Trial Period"), you must decide to purchase a Quicken Software license within the Trial Period in order to retain any content or Quicken account data you have entered or created within the Quicken Software or its data file, or posted or uploaded during the Trial Period. To be very clear, at the end of the Trial Period, if after using the Quicken Software, you do not purchase a license to the full Quicken Software version, you will not be able to access or retrieve any of the data or content that you added or created with the Quicken Software during the Trial Period.
From time to time, Quicken may, at its sole discretion, include new and/or updated beta features ("Beta Features") in the Quicken Software for your use and which permit you to provide feedback (fees may apply). You understand and agree that your use of the Beta Features is voluntary and Quicken is not obligated to provide you with any Beta Features. You understand that once you use the Beta Features, you may be unable to revert back to the earlier non-beta version of the same or similar feature. Additionally, if such reversion is possible, you may not be able to return or restore data created within the Beta Feature back to the earlier non-beta version. The Beta Features are provided on an "as is" basis and may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, QUICKEN, ITS AFFILIATES, AND ITS THIRD PARTY PROVIDERS, AND SUPPLIERS DISCLAIM ANY AND ALL LIABILITY FOR USE OF THE BETA FEATURES.
10. THIRD PARTY NOTICES
The Quicken Software contains the following:
Adobe® Flash® Player software by Adobe Systems Incorporated, Copyright © 1995-2006 Adobe Macromedia Software LLC. All rights reserved. Adobe and Flash are trademarks of Adobe Systems Incorporated.
© 2017 Quicken Inc. All rights reserved.
January 2, 2017