A. INTUIT GENERAL END USER LICENSE AGREEMENT. Thank you for selecting the Software offered by Intuit Inc. or its Affiliates (referred to as "Intuit," "we," "our," or "us"). Please review these license terms ("Agreement") thoroughly. This Agreement is a legal agreement between you and Intuit. By clicking "I AGREE," indicating acceptance electronically, accessing or using the Software, you agree to these terms. If you do not agree to this Agreement, then do not indicate acceptance of the Agreement and do not use the Software.
1.1 This Agreement describes the terms governing your use of the Intuit Software including content, updates and new releases (collectively, the “Software’) and gives you certain rights and responsibilities depending on the software license you selected, purchased or subscribed to, as more fully described herein. The Agreement includes by reference:
- Intuit's Privacy Statement available on the website or provided to you in writing for the Software you selected;
- Any terms provided separately to you for the Software, including for example, web or email product or program terms, ordering, activation, pricing and payment terms, where applicable.
1.2 An "Affiliate" means all Intuit companies and subsidiaries that directly or indirectly, control or are controlled by Intuit, or are under the common control with Intuit. As used in this Agreement, control means equity ownership of fifty percent (50%) or greater interest in the voting shares held by an entity.
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 Intuit 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, Intuit 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 Intuit’s then-current product discontinuation policies, as updated from time to time, and only for the purposes described by Intuit for the Software.
2.2 You acknowledge and agree that the Software is licensed, not sold. You agree not to use the Software in a manner that violates any applicable law, regulation or this Agreement. For example, unless authorized by Intuit in writing, you agree you will not:
- Provide access to or give the Software or any part of the Software to any third party;
- Reproduce, duplicate, 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 Intuit 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
- Upload, host, use or access the Software via a timesharing, service bureau, virtualization, application hosting or other remote access arrangement.
If you violate any of these terms, this Agreement and your license to use the Software may be terminated by Intuit in its sole discretion.
3. PAYMENT. For Software licensed on a payment or subscription basis, the following terms apply, unless Intuit notifies you otherwise in writing. This Agreement also incorporates by reference and includes program ordering and payment terms provided to you for the Software:
a. Payments will be billed to you in U.S. 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.
b. You must pay with one of the following:
1. A valid credit card acceptable to Intuit;
2. A valid debit card acceptable to Intuit;
3. Sufficient funds in a checking or savings account to cover an electronic debit of the payment due; or
4. By another payment option Intuit provides to you in writing.
c. 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 immediately suspend or terminate your account, terminate your license and refuse any further use of the Software.
d. Intuit will automatically renew your monthly, quarterly, or annual subscription at the then-current rates, as required for you to maintain access to the Software, unless your license to the Software is cancelled or terminated under this Agreement.
e. Additional cancellation or renewal terms may be provided to you on the website for the Software.
4. TRIAL VERSIONS AND BETA FEATURES. If you registered for a trial use of the Software ("Trial Period"), you must decide to purchase a Software license within the Trial Period in order to retain any Content (defined in Section 6) that you have entered into the Software, created within the Software data file, posted or uploaded during the Trial Period. If you do not purchase a Software license by the end of the Trial Period, your Content will no longer be available to you. To be very clear, after using the Software during the trial period, if you decide not to purchase the license to the full version of the Software, you will not be able to access or retrieve any of the data you added or created with the software during the trial.
5. YOUR PRIVACY AND PERSONAL INFORMATION. You can view Intuit’s Privacy Statement on the Intuit website, or via a link on the website for the Software you have selected. You agree to be bound by the applicable Intuit Privacy Statement, subject to change in accordance with its terms. Most importantly, you agree:
- To Intuit maintaining your data according to the Intuit Privacy Statement, as part of the Software.
- To give Intuit permission to combine information you enter or upload in a way that does not identify you personally with that of other users of the Software. By way of example, this means that Intuit may use that non-identifiable aggregated data to improve services, design promotions, or provide ways for you to compare business practices with other users.
- Intuit is a global company and may access or store personal information in multiple countries, including countries outside of the European Union that may be deemed to have inadequate protections by European Union Data Protection Authorities. When you agree to this Agreement, you agree to this practice.
6.1 You are responsible for your content. You are legally responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content") uploaded, posted or stored through your use of the Software. You grant Intuit a worldwide, royalty-free, non-exclusive license to host and use any Content provided through your use of the Software. You agree not to use the Software for any illegal purpose or in violation of any applicable local, state, federal or international law. You are encouraged to archive your Content regularly and frequently. You are responsible for any Content that may be lost or unrecoverable through your use of the Software. You agree that you will not use the Software to share, store, or in any way distribute financial data that is not in accordance with the law. Any users suspected of having information which involves fraud, embezzlement, money laundering, insider trading, support for terrorism, or any other activity proscribed by law may have their accounts terminated, their financial data erased, and they also may be reported to law enforcement officials in the appropriate jurisdictions. Intuit is not responsible for the Content or data you provide through your use of the Software.
You agree not to use the Software to upload, post, distribute, link to, publish, reproduce, engage in or transmit any of the following, including but not limited to:
a. Illegal, fraudulent, libelous, 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 or constitute an attack or "flaming" others, or criminal or civil liability under any local, state, federal or foreign law;
b. Content or data that would impersonate someone else or falsely represent your identity or qualifications, or that constitutes a breach of any individual’s privacy, including posting images about children or any third party without their consent (or a parent's consent in the case of a minor);
c. Except as otherwise permitted by Intuit in writing, advertisements, solicitations, investment opportunities, chain letters, pyramid schemes, other unsolicited commercial communication or engage in spamming or flooding;
d. Virus, trojan horse, worm or other disruptive or harmful software or data; and
e. Any information, software or Content which is not legally yours and may be protected by copyright or other proprietary right, or derivative works, without permission from the copyright owner or intellectual property rights owner.
6.2 Community forums. The Software may include access to a community forum to exchange information with other users of the Software and the public. Please use respect when you interact with other users. Intuit does not support and is not responsible for the accuracy of others’ content in these community forums. Do not reveal information in the community forum that you do not want to make public. Users may post hypertext links to content hosted and maintained by third parties for which Intuit is not responsible.
Intuit may, but has no obligation to, monitor Content provided on the community forum. We may disclose any information necessary or appropriate to satisfy our legal obligations, protect Intuit or its customers, or operate the Software properly. Intuit, 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.
6.3 Intuit may freely use feedback you provide. You agree that Intuit 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 Intuit a perpetual, worldwide, fully transferable, sublicensable, irrevocable, fully paid-up, royalty free license to use the feedback you provide to Intuit in any way. Intuit will not sell, publish or share your feedback in a way that could identify you without your explicit permission.
7. ADDITIONAL TERMS YOU AGREE TO
7.1 Intuit does not give professional advice. Intuit is not in the business of providing legal, financial, accounting, 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 Intuit services. You may be offered other services, features, products, applications, online communities, or promotions provided by Intuit ("Intuit Services"). If you decide to use any of these Intuit Product or Services, additional terms and conditions and separate fees may apply. You acknowledge that in accessing some Intuit Services you may upload or enter data such as names, addresses and phone numbers, purchases, and other data to the Internet. You grant Intuit permission to use information you provide and about your experience so that we can provide the Intuit Services to you, monitor and analyze your use of the services, maintain and update your data, and address errors or service interruptions. We may use this data to improve services, enhance future services, identify potentially relevant offers, and produce anonymous research data. You grant Intuit permission to combine the data you have entered or uploaded with that of others in a way that does not identify you or any individual personally. You also grant Intuit permission to share or publish summary results relating to such research data and to distribute or license such data to third parties.
7.3 We may tell you about third party products or services. Subject to the Intuit Privacy Statement, Intuit may offer products and services on behalf of third parties who are not affiliated with Intuit ("Third Party Products") or the Software may contain links to third party websites ("Third Party Sites").You agree that Intuit can use your contact information, including name and address, for the purpose of offering these products to you in accordance with your stated Intuit contact preferences. If you decide to use any Third Party Products or access any Third Party Sites, you are responsible for reviewing the third party’s separate product terms, website terms and privacy policies. You agree that the third parties, and not Intuit, are responsible for their product’s performance and the content on their websites. Intuit is not affiliated with these Third Party Products or Third Party Sites and has no liability for them.
7.4 Communications choices. Intuit may be required by law to send you communications about the Software or Third Party Products. You agree that Intuit may send these communications to you via email or by posting them on one of our sponsored websites. We may also send business communications such as confirmations or notices, which will be delivered to you via email or posted on our websites. You are required to receive these communications. You can choose not to receive some types of communication, such as marketing messages.
7.5 You will track your passwords and accept updates. You are responsible for securely managing your password(s) for access to the Software. If you become aware of any unauthorized access to your Software account, theft or loss of your password, you agree to contact Intuit as soon as possible. The Software may periodically be updated with tools, utilities, improvements, third party applications, or general updates to improve and enhance the features and performance of the Software.
8. DISCLAIMER OF WARRANTIES
8.1 YOUR USE OF THE SOFTWARE AND CONTENT ACCESSIBLE THROUGH THE SOFTWARE 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, INTUIT, ITS AFFILIATES, AND ITS THIRD PARTY SERVICE OR DATA PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY REFERRED TO AS, "SUPPLIERS") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SOFTWARE IS FIT FOR A PARTICULAR PURPOSE, 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. INTUIT AND ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT THE SOFTWARE IS SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION. FURTHER, INTUIT DOES NOT WARRANT ACCESS TO THE INTERNET OR TO ANY OTHER SERVICE, CONTENT OR DATA TRANSMITTED THROUGH THE SOFTWARE. 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.
8.2 INTUIT 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. THIS DISCLAIMER APPLIES TO BUT IS NOT LIMITED TO THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 ("HIPAA"), THE GRAMM-LEACH-BLILEY ACT OF 1999, THE SARBANES-OXLEY ACT OF 2002, OR OTHER FEDERAL OR STATE STATUTES OR REGULATIONS. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE SOFTWARE IS IN ACCORDANCE WITH APPLICABLE LAW.
9. LIMITATION OF LIABILITY AND INDEMNITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF INTUIT, AND ITS AFFILIATES AND SUPPLIERS FOR ALL MATTERS OR 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, INTUIT AND 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 INTUIT SYSTEMS REQUIREMENTS. THE ABOVE LIMITATIONS APPLY EVEN IF INTUIT AND ITS AFFILIATES AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF INTUIT, ITS AFFILIATES AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SOFTWARE AND ITS USE.
You agree to indemnify and hold Intuit 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"). Intuit 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 Intuit in the defense of any Claims.
10. CHANGES TO THIS AGREEMENT OR THE SOFTWARE. We may change this Agreement from time to time, and the changes will be effective when posted on our website for the Software or when we notify you by other means. Please review the Agreement periodically on the website for changes. We have the right to change any of the terms of this Agreement upon reasonable notice to you. We may also change or discontinue the Software, in whole or in part, including but not limited to, any feature or aspect of the Software, Internet based services, pricing, technical support options, and other product-related policies. Your continued use of the Software after Intuit posts or otherwise notifies you of any changes, indicates your agreement to the changes.
11. TERMINATION. Intuit may immediately and without notice terminate this Agreement or suspend or terminate the license to the Software if you fail to comply with these terms or if you no longer agree to receive electronic communications (see Section 7.4). Upon any 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 Intuit’s rights to any payments due to it. Intuit may terminate a free account at any time. Other requirements regarding termination or cancellation of your license to the Software may apply based on the specific ordering or activation terms for the Software. Sections 1.2, 5, and 8 through 16 will survive and remain in effect even if the Agreement is terminated, cancelled or rescinded.
12. EXPORT RESTRICTIONS. You acknowledge that this website, the Software, and the underlying software may include U.S. technical data subject to restrictions under export control laws and regulations administered by the United States government. You agree that you will comply with these laws and regulations, and will not export or re-export the Software, or any part of the Software, in violation of these laws and regulations, directly or indirectly. You also agree not to provide access to any part of the Software to anyone who you have reason to know may use the Software in the development of nuclear, chemical, or biological weapons.
13. GOVERNING LAW. California state law governs this Agreement without regard to its conflicts of laws provisions.
14. DISPUTES. ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THE INTUIT SOFTWARE OR 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. BY ENTERING INTO THIS AGREEMENT AND AGREEING TO ARBITRATION, YOU AGREE THAT YOU AND INTUIT ARE EACH WAIVING THE RIGHT TO FILE A LAWSUIT AND THE RIGHT TO A TRIAL BY JURY. IN ADDITION, YOU 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 Intuit Inc., in care of our registered agent Corporation Service Company, 2711 Centerville Road, Wilmington, DE 19808. Arbitration will be conducted by the American Arbitration Association (AAA) before a single AAA arbitrator under the AAA’s rules, which are available at 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, Intuit will pay them for you. In addition, Intuit will reimburse all such fees and costs for claims totaling less than $75,000 unless the arbitrator determines the claims are frivolous. Likewise, Intuit will not seek its attorneys’ fees or costs in arbitration unless the arbitrator determines your claims or defenses are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, 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 14 shall survive expiration, termination or recession of this Agreement.
15. LANGUAGE. Any translation of this Agreement is done for local requirements and in the event of a dispute between the English and any non-English version, the English version of this Agreement shall govern. 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.
16. GENERAL. This Agreement is the entire agreement between you and Intuit and replaces all prior understandings, communications and agreements, oral or written, regarding its subject matter. This Agreement may be modified only by a written amendment signed by the parties or as provided in this Agreement in Section 10 above. 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. However, Intuit may assign or transfer it without your consent to (a) an Affiliate, (b) another company through a sale of assets by Intuit or (c) a successor by merger. Any assignment in violation of this Section shall be void.
B. ADDITIONAL TERMS AND CONDITIONS FOR THE SOFTWARE ADD-ON PRODUCTS AND RELATED SERVICES
Your license to use the Software provided by Intuit is subject to the General End User License Agreement terms above and the Additional Terms and Conditions which govern your use of the Software indicated below. These Additional Terms and Conditions shall prevail over any conflict or inconsistency with the General End User License Agreement terms above.
1. INTUIT QUICKEN SOFTWARE ("Quicken Software") AND INTUIT QUICKEN CONNECTED SERVICE ("Quicken Connected Service ").
1.1 USE LIMITATIONS. IMPORTANT NOTICE. IF YOU ARE USING THE INTUIT QUICKEN SOFTWARE AND/OR QUICKEN CONNECTED SERVICES, THE FOLLOWING TERMS APPLY TO YOU IN ADDITION TO THE GENERAL END USER LICENSE AGREEMENT TERMS ABOVE. Capitalized terms not otherwise defined below have the meanings provided in the General End User License Agreement.
2. LICENSE GRANT AND RESTRICTIONS. Intuit Inc. ("Intuit", "us", "we", "our") grants you ("you" and "your" means an individual or single entity) the following rights provided that you comply with all of the terms and conditions of this Agreement.
2.1 Quicken Checkbook, Quicken Starter Edition, Quicken Deluxe, Quicken Premier, Quicken Home and Business and Quicken Rental Property (Collectively referred to as “Quicken Software’). 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 Intuit CDROM, such CDROM is your backup copy of the Quicken Software. If you purchased a valid license and received the 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 Quicken Software, if needed, on the computer(s) referenced in (a) above.
2.2 You are not licensed or permitted under this Agreement to do any of the following: (a) modify, adapt, translate, rent or sublicense (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; and (d) copy the Quicken Software in whole or part, except as expressly stated in (i), (ii), (iii), or (iv) above, or use trade secret information contained in the Quicken Software, to 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 Intuit 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 Intuit and may be subject to a transfer fee determined by Intuit in its sole discretion.
In addition to the Quicken Software, the term "Software" includes any other programs, tools, components and any "updates" (for example, Quicken Software maintenance, service information, help content, bug fixes, or maintenance releases etc.) of the Quicken Software that Intuit provides or makes available to you after the date you obtained your initial copy of the Quicken Software. You are entitled to download updates to the Software that Intuit generally makes available to other users of the Quicken Software. Certain Software may be accompanied by, and will be subject to, additional terms.
3. QUICKEN CONNECTED SERVICE AND QUICKEN SOFTWARE.
3.1 Quicken Connected Service. In connection with your use of the Quicken Software and as part of the functionality of the Quicken Software, which does not include Quicken Checkbook, you may have access to online banking data collection, categorization services, alerts and access to such data on your mobile device when you activate Quicken for Mobile (“Quicken Connected Service’) made available by Intuit. Licensees of Quicken Checkbook have the option of licensing the Quicken Connected Service for an additional fee. The Quicken Connected Service is designed to facilitate the utilization of the FI Services as defined below (if and to the extent provided by your financial institutions), which will allow you to access your accounts, aggregate your data in the Quicken Software and upload your data for access via your mobile device. Financial Institution Services provides you with the ability to connect to the Financial Institution (“FI’) and download your transactions, balances, investment holdings and positions, pay bills and transfer funds (“FI Services’). You acknowledge and agree that Intuit has no control over the provision of the FI Services, features which may vary by FI, does not guarantee that you will be able to use the FI Services, and will have no liability whatsoever for any actions or inactions on the part of the FI resulting in your inability to use 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.
(a) Collection of Financial Institution Account Information. You acknowledge that in accessing the FI Services through the Quicken Connected Service, Your financial institution account access number(s), password(s), security question(s) and answer(s), account number(s), login information, and any other security or access information, 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 Connected Service . You authorize Intuit, in conjunction with Intuit's operation and hosting of the Quicken Connected Service, 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) access the financial institutions' websites using your FI Account Data, (v) update and maintain your account information, (vi) address errors or service interruptions, (vii) enhance the type of data and services we can provide to you in the future, and (viii) take such other actions as are reasonably necessary to perform the actions described in (i) through (vii). You hereby represent that you are the legal owner of your FI Account Data and that you have the authority to appoint, and hereby expressly does appoint, Intuit as your agent with limited power of attorney to access and retrieve your FI Account Data on your behalf. You further acknowledge that Intuit does not review your FI Account Data for completeness or accuracy and agrees that Intuit 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 Connected Service and Intuit assumes no responsibility for such transactions or activities. You are solely responsible for any charges associated with your financial institutions.
(b) Information from Financial Institutions' Websites. You acknowledge and agree that (i) some financial institutions may not allow the Quicken Connected Service to access the FI Services, (ii) financial institutions may make changes to their websites, with or without notice to us, and (iii) the Quicken Connected Service "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 Connected Service . 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 Connected Service, 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.
3.2 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.
4. UPLOADED DATA; CONTENT.
4.1 You agree and acknowledge that you are solely responsible for the Content of all data you enter or upload or have access to when using the Quicken Connected Service. Intuit does not control the content of the data stored within users’ accounts and does not have any obligation to monitor the Content for any purpose.
4.2 In addition to any use limitations or other restrictions stated in the General Terms of Service, 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 permitted for upload to the Quicken Connected Service. Intuit reserves the right to change such limitations from time to time, and the changes will be effective when posted on the Quicken Connected Service website or when we notify you by other means.
4.3 When you enter or upload data or other Content to the Quicken Connected Service, please be advised that the Quicken Connected Service does not perform any virus-checking or other scanning for harmful code and the original resolution of your Content may be affected. You are solely responsible for any data or Content that may be lost or unrecoverable through your use of the Quicken Connected Service.
4.4 You acknowledge that Intuit and its licensees may display advertisements and other information adjacent to or included with your data or Content on and through the Quicken Connected Service, and you are not entitled to any compensation for such advertisements. You further acknowledge and agree that Intuit reserves the right to change the manner, mode and extent of such advertising at any time, in its sole discretion, with or without notice.
4.5 You acknowledge that as an active subscriber to the Quicken Connected Service you may be offered additional discounts, products and services at Intuit’s discretion, when and if they become available.
5. USE WITH QUICKEN SOFTWARE AND QUICKEN CONNECTED SERVICE. As a licensed user of Quicken Software, the Quicken Connected Service contains certain features and functionality that allow you to upload, access and manage your data and other Content via your desktop and your mobile device. Any access or use of the Quicken Connected Service from or with Quicken Desktop may be limited to only certain versions of the Quicken Software and shall be subject to and governed by the terms of this Agreement and is also subject to Intuit’s service discontinuation policy as described below. For the purposes of this Agreement, if you are a licensed user of Quicken Desktop, any reference to “Quicken Connected Service’ shall also include all access or use from or with Quicken Desktop.
6. PAYMENT. For Quicken Checkbook licensees if at your option you want to license Quicken Connected Service you will be charged a one-time service fee for access through termination and/or discontinuation as defined below. This service fee will be prorated based on the time remaining in your service period. The one-time service fee for Quicken Connected Service is not refundable or included in the 60 day money back guarantee. Intuit reserves the right to immediately terminate access to Quicken Connected Services in the event your payment method is declined, or if there are any settlement failures.
7. SATISFACTION GUARANTEED. If you are not satisfied with the Quicken Software, which excludes Quicken Connected Service, and (a) You purchased the Quicken Software from a retail store, you may uninstall and delete all copies of the Software from your computer(s) and return it within 60 days of purchase to the store where you purchased your license with a dated receipt for a full refund. If the store is unable or unwilling to issue a refund or you obtained the Quicken Software directly from Intuit, you may uninstall and delete all copies of the Software and return the Quicken Software with a dated receipt or packing slip within 60 days of purchase via UPS to
112 Hidden Lake Circle
Duncan, SC 29334
or via U.S. Mail to
PO Box 386
Duncan, SC 29334-0386;
(b) You obtained the Software directly from Intuit via an Internet download, you may submit a written request to Intuit including your name, contact and product order information to Intuit Inc., Returns Department, PO Box 19004, Greenville, SC 29390-9004; (c) The Quicken Software was pre-installed on your computer when you bought it, or if CDROMs came packaged with your computer at no extra charge, follow the manufacturer's applicable return policy; or (d) You obtained the Quicken Software by downloading it on your computer, contact the provider of the download site.
8. USE WITH YOUR MOBILE DEVICE. Mobile access to the Quicken Connected Service may not be available for all mobile devices or telecommunication providers. Use of the Quicken Connected Service requires a compatible mobile device, Internet access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider. INTUIT MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION; (ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.
10. TERMINATION AND AMENDMENT. The Quicken Software and Quicken Connected Service is subject to Intuit's discontinuation policy and Intuit reserves the right to discontinue all support for the Quicken Software, and/or for any features, online or other services or content accessible through the Software in accordance with its current discontinuation policy. If the Quicken Software offers services that require a connection to an Intuit server (including Internet-based services), such as downloading financial data from a participating bank, credit union, credit card, brokerage, mutual fund accounts, online bill paying, and downloading stock/fund quotes and news, such services may expire in accordance with Intuit's current discontinuation policy.
Intuit's current discontinuation policy is to provide support for the Quicken Software and Quicken Connected Service and for online and other services or content accessible through the Quicken Software and Quicken Connected Service for the most current version of the Intuit Software plus the prior two years' versions. More information about the discontinuation policy is available at http://www.newquicken.com/policy.
11. THIRD PARTY NOTICES. The Quicken Software contains the following:
a. 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.
b. Apple Requirements. If you downloaded the Software from the Mac App Store, the following terms also apply to you:
i. Acknowledgement: You acknowledge that this Agreement is between you and Intuit only, and not with Apple, and Intuit, not Apple, is solely responsible for the Software and the content thereof.
ii. Scope of License: The license granted to you for the Software is a limited, non-transferable license to use the Software on Mac product that you own or control and as permitted by the Usage Rules set forth in the terms of service applicable to the Mac App Store.
iii. Maintenance and Support: Intuit and not Apple is solely responsible for providing any maintenance and support services, for which additional fees may apply, with respect to the Services. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Software.
iv. Warranty: Intuit is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Software to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Intuit’s sole responsibility.
v. Product Claims: Intuit, not Apple, is responsible for addressing any user or third party claims relating to the Software or the user’s possession and/or use of the Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Software fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
vi. Intellectual Property Rights: You acknowledge that, in the event of any third party claim that the Software or your possession and use of the Software infringes that third party’s intellectual property rights, Intuit, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
vii. Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
viii. Developer Contact Info: Direct any questions, complaints or claims to: Intuit Inc, 2632 Marine Way, Mountain View, CA 94043 or http://quicken.com
ix. Third Party Terms of Agreement: You must comply with any applicable third party terms of agreement when using the Software.
x. Third Party Beneficiary: You acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement against you as a third party beneficiary thereof.