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. By accepting electronically (for example clicking "I Agree") or by installing, accessing or using the Software, you agree to these terms. If you do not agree to this Agreement, 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"). This Agreement includes by reference:
- Quicken's Privacy Statement provided to you in 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 product or program terms; ordering, activation, and payment terms; and the like.
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 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:
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:
o A valid credit card acceptable to Quicken;
o A valid debit card acceptable to Quicken;
o Sufficient funds in a checking or savings account to cover an electronic debit of the payment due; or
o Another payment option that Quicken 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 suspend or terminate your account, terminate your license and refuse any further use of the Software.
d. 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.
e. Quicken will automatically renew your monthly, quarterly, or annual subscription at the then-current rates, unless the Software is cancelled or terminated, or unless you or we terminate this Agreement.
f. Additional cancellation or renewal terms may be provided to you on the website for the Software.
4. YOUR PRIVACY AND PERSONAL INFORMATION.
You can view Quicken's Privacy Statement applicable to the Software on the website for the Software. You agree to the applicable Quicken Privacy Statement, including any changes published by Quicken. You agree that Quicken may use and maintain your data (including personal information) according to the Quicken Privacy Statement. In addition, you give Quicken permission to combine 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, or third party providers acting on QuickenÕs behalf, may collect and use your and other users' non-identifiable, aggregated data, comprising financial account balances, other financial account data, or other available data that is collected through your use of the Software, to conduct certain analytical research, performance tracking and benchmarking, publish summary or aggregate results relating to metrics comprised of research data, from time to time, and distribute or license such anonymous, aggregated research data for any purpose, including but not limited to, helping to improve the Software, assisting in troubleshooting and technical support, or to design promotions and provide ways for you to compare business practices with other users. Quicken may access or store personal information in multiple countries, including countries outside of your own country to the extent permitted by applicable law.
5.1 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. Please archive your Content frequently. You are responsible for lost or unrecoverable Content. You must provide all required and appropriate warnings, information and disclosures. 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 create 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. Investment opportunities, solicitations, 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 without permission from the copyright owner or intellectual property rights owner.
5.2 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. Quicken does not support and is not responsible for the content in these community forums. Please use respect when you interact with other users. 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.
5.3 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.
5.4 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.
6. ADDITIONAL TERMS
6.1 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.
6.2 We may tell you about other Quicken services. You agree that we may use information obtained about you in connection with the Software to offer you 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.
6.3 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 e-mail or by posting them on our websites.
6.4 You will manage your passwords and accept updates. You are solely 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.
7. DISCLAIMER OF WARRANTIES
7.1 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" AND ÒAS AVAILABLE.Ó 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, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SOFTWARE OR ANCILLARY SERVICES OR ANY PROVIDER SERVICE OF THIRD PARTY SERVICES, IN WHOLE OR IN PART, 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, AND THIRD PARTY PROVIDERS DO NOT WARRANT THE COMPREHENSIVENESS, COMPLETENESS, CORRECTNESS, LEGALITY, OR ACCURACY OF THE SOFTWARE OR ANCILLARY SERVICES OR ANY PROVIDER SERVICE OF THIRD PARTY SERVICES, IN WHOLE OR IN PART, OR THAT THE SOFTWARE IS SECURE, 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.
7.2 QUICKEN, 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.
8. 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, 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 4 through 14 of Part A, as well as Sections 2.3, 3.6, 3.7, 4, through 6, 9, and 11 of Part B will survive and remain in effect even if the Agreement is terminated, cancelled or rescinded.
11. EXPORT RESTRICTIONS.
You acknowledge that the Software, including any mobile or companion apps, 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, or such mobile or companion apps, in violation of these laws and regulations, directly or indirectly.
12. GOVERNING LAW.
California state law governs this Agreement without regard to its conflicts of laws provisions.
ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THE QUICKEN SOFTWARE 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. BY ENTERING INTO THIS AGREEMENT AND AGREEING TO ARBITRATION, YOU AGREE THAT YOU AND QUICKEN 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 Quicken Inc., in care of our registered agent Corporation Service Company, 2711 Centerville Road, Suite 400, 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, Quicken will pay them for you. In addition, Quicken will reimburse all such fees and costs for claims totaling less than $75,000 unless the arbitrator determines the claims are frivolous. Likewise, Quicken 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 13 shall survive expiration, termination or rescission of this Agreement.
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 or arbitrator, 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.
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 End User License Agreement terms above, the below Additional Terms and Conditions will prevail.
2. LICENSE GRANT, USE CONDITIONS, LIMITATIONS AND RESTRICTIONS
Quicken grants you the following additional rights provided that you comply with all of the terms and conditions of this Agreement.
2.1 Quicken Software. The term ÒSoftwareÓ (first defined in Section 1.1 of Part A above) also includes Quicken for Mac, and for Windows, the Quicken Starter Edition, Quicken Deluxe, Quicken Premier, Quicken Home and Business, and Quicken Rental Property, and any other versions of the Software (collectively referred to in the below sections as ÒQuicken SoftwareÓ), and includes any other programs, tools, components, and any "updates" (i.e., Quicken Software 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.
2.2 License granted to you. 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 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).
2.3 Restrictions on your use of the Software. 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 (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; or (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. USING THE QUICKEN SERVICE AND OTHER SUPPORTED THIRD PARTY SERVICES AND QUICKEN SERVICES
3.1 Quicken Services and supported Third Party Services. In connection with managing your data and other Content, and as part of the functionality of the Quicken Software, you may have the opportunity to use certain online features or services. Such features and services may be accessed via desktop computer, by subscription, through online hosting, and for some Quicken Software versions, via a Quicken mobile app or by mobile device if available and if activated by you (such mobile app or device access the ÒQuicken Mobile App,Ó and all such enabled online features and functionality collectively the "Quicken Online Features"). The Quicken Online Features are designed to facilitate your connection to third party external sources from within the Quicken Software such as financial institutions (ÒFIsÓ) and other third party sites, services, accounts, products, and features (collectively, ÒFI and other Third Party ServicesÓ) as well as other Quicken Services. You agree that we may market to you such Quicken Services, Quicken Online Features, and FI and Third Party Services (for purposes of this Agreement collectively the "Ancillary Services").
Connection to Ancillary Services may offer one or more of the following capabilities: (a) the ability to send your Content and stored data (ÒQuicken Account DataÓ) to various of the Ancillary Services, and (b) the ability to access, collect, import, upload, download, and aggregate your Content and Quicken Account Data along with other features, functions, and information provided by and from the Ancillary Services. In addition, the Ancillary Services may provide access to financial data from FIs, banks, and credit unions; credit card and other account balances; transactions, charges, debits, deposits, invoices/billing statements, and bill amounts; mortgage, loan, retirement, brokerage, stock, mutual, and investment fund accounts; holdings and positions; real estate information; Credit Score Service, Portfolio X-Ray; Life Yield Tax Optimizer, Life Yield Social Security Optimizer, and Quicken Backup; quotes and news; categorization services; alerts, method to pay bills, and funds transfer services; as well as information about your utilization of the Ancillary Services (each and all such types of information collectively, ÒData from Ancillary ServicesÓ).
3.2 You may need to provide Log-in Credentials to use Ancillary Services. In order to access and use some Ancillary Services or their discrete features in and through the Software, you may be required to create or provide unique user login information, such as e-mail address, usernames, passwords, account and access numbers, PINs, security questions and answers, and other related information (collectively, "Log-in Credentials"). In some cases, we may need you to provide these Log-in Credentials to us to enable us access and log-in to the Ancillary Services on your behalf. We will maintain your Log-in Credentials in encrypted form and will only use them to access the Ancillary Services, or otherwise at your direction. If you lose, forget, or have other problems with your Log-in Credentials, you will need to contact the particular Ancillary Service provider to resolve the issue. You are solely responsible for (i) maintaining the confidentiality and security of your Log-in Credentials, as used by you or anyone you authorize on your behalf to access the Ancillary Services; and (ii) preventing unauthorized access to or use of the Log-in Credentials, files or data that you store or use in or with the Ancillary Services. Quicken and third party providers acting on QuickenÕs behalf reserve the right to deny you access to the Ancillary Services (or any part thereof) if it is reasonably believed that any loss, theft or unauthorized use of Log-in Credentials has occurred.
3.3 Rights you grant to us when providing your Log-in Credentials. When you provide your Log-in Credentials to us, you represent to us that you have the legal right to do so, and you expressly appoint Quicken as your attorney-in-fact and agent with limited power of attorney, and grant to us all other necessary rights, to access the Ancillary Services on your behalf and to collect, send, retrieve, process, reformat, and manipulate Data from Ancillary Services in and in connection with your use and our operation and hosting of the Quicken Online Features and the Ancillary Services generally.
3.4 Storing Log-in Credentials in the Quicken Password Vault. The Quicken Password Vault allows you the option to store your Log-in Credentials for accessing some of the Ancillary Services in one place with a vault password created by you. The Password Vault provides cryptographic protection for data it contains, but you understand other factors controlled by you, such as a well-chosen password, physical security for your computer, and proper safeguards when you use a network or the Internet, are also all important elements in the range of needed protections to properly secure your data.
3.5 How Data from Ancillary Services is used. In conjunction with your use and Quicken's operation and hosting of the Quicken Online Features and the Ancillary Services generally, Data from Ancillary Services will be received, processed, and stored in and in connection with the Ancillary Services and the Quicken Software, including as part of your Quicken Account Data, subject to the terms of this Agreement and the Quicken Privacy Statement. We may create and provide hyperlinks to the Ancillary Services and may use Data from Ancillary Services to update and maintain your Quicken Account Data, Ancillary Services balances, and other account information in the Ancillary Services, as well as to address errors or service interruptions, provide the services you have requested and enhance the type of data and services we can provide to you in the future, and take such other actions as are reasonably necessary to perform any of the foregoing activities.
The Quicken Account Data is refreshed with Data from Ancillary Services collected nightly in some cases, and upon user request in other cases. Your latest or most recent transactions based on Data from Ancillary Services may not always be reflected in the Quicken Account Data, Ancillary Services balances, or other account information presented to you in the Quicken Service. If you see a discrepancy in the Quicken Account Data, Ancillary Services balances, or other account information presented in the Ancillary Services, and in any case before making any transactions or decisions based on such information, please check when information for the particular Ancillary Services account was last refreshed, or simply follow the hyperlink back to the applicable Ancillary Service to confirm the Data from Ancillary Services is up to date and accurate. If in doubt, check with the applicable FI and Third Party Service provider to verify. You acknowledge and agree that (i) some FI and Third Party Service providers may not allow the Quicken Software to access your Quicken Account Data, or Ancillary Services; and (ii) FI and Third Party Service providers may make changes to their websites, with or without notice to Quicken, that may prevent or delay aggregation of information from such websites.
3.6 You are responsible for your relationship with Ancillary Services. If you decide to use or access any Ancillary Services, you acknowledge and agree that: (a) You are responsible for your relationship with the Ancillary Service; (b) You will review and comply with all Ancillary Services terms and conditions, including any subscription terms, and are solely responsible for payment of any charges or fees associated with your Ancillary Services or their use; (c) You will not use the Ancillary Services in any manner that infringes or violates the rights of any Ancillary Services or other service providers (including Quicken, if applicable), or other third parties, or in furtherance of any criminal, fraudulent, or other unlawful activity. Excluding any Quicken Services that may compose the Ancillary Services, Quicken is not affiliated with and does not endorse any Ancillary Services, including any FI and other Third Party Services accessible or available via the Quicken Online Features or as part of any Ancillary Services.
3.7 Control over the provision of Ancillary Services. You acknowledge and agree that (a) except for those Ancillary Services that are provided wholly by Quicken and without the involvement of any third party, Quicken has no control over the provision of the Ancillary Services or their associated features, which may vary; (b) Quicken does not review and is not responsible for the completeness or accuracy of Data from Ancillary Services; (c) Ancillary Services 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 Data from Ancillary Services via the Quicken Service, or the quality of data generally. We therefore do not guarantee you will be able to use the Ancillary Services or that the Quicken Service will be able to receive or process Data from Ancillary Services, nor do we guarantee that the Data from Ancillary Services in the Quicken Service will be the most currently available in or from the Ancillary Services. Moreover, Quicken has no responsibility or liability whatsoever for any actions or inactions on the part of the Ancillary Services resulting in your inability to use them, or for transactions or informational activities performed by FI and other Third Party Services providers or other providers of Ancillary Services at or on their own websites. You also understand and agree that if you elect to send Quicken Account Data to any Ancillary Services, depending on the particular Ancillary Service you choose, your Quicken 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 Ancillary Services to determine their practices for processing (collecting, storing, using) your data.
YOU ACKNOWLEDGE AND AGREE THAT WHEN QUICKEN IS ACCESSING AND RETRIEVING ACCOUNT INFORMATION FROM ANCILLARY SERVICES (INCLUDING THOSE QUICKEN SERVICES THAT MAY COMPOSE THE ANCILLARY SERVICES), QUICKEN IS ACTING AS YOUR AGENT, AND (EXCEPT FOR THOSE QUICKEN SERVICES THAT COMPOSE THE ANCILLARY SERVICES), NOT AS THE AGENT OF OR ON BEHALF OF THE PROVIDER THAT OPERATES THE ANCILLARY 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 FI AND OTHER THIRD PARTY SERVICES, OR ANY QUICKEN ONLINE FEATURES OR ANCILLARY SERVICES, 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 the 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. QUICKEN DISCONTINUATION POLICY AND TERMINATION OF SUPPORT
In addition to being governed by this Agreement, access and use of the Quicken Software, Quicken Online Features, and Ancillary Services are in all cases subject to Quicken's discontinuation policy. To the maximum extent permitted under applicable law, Quicken reserves the right to discontinue all support for the Quicken Software, Quicken Online Features, and Ancillary Services, any of their discrete features, or any other features, online and other services or content accessible through the Quicken Software, Quicken Online Features, and Ancillary Services, at any time and for any reason.
Subject to the foregoing, Quicken expects to provide support through April 30, 2018 for the current version of the Quicken Software and certain features accessible through the current version of the Quicken Software. We reserve the right to modify or discontinue the supported versions, services, or program features if necessary due to changes in hardware or software that our products run on, or for other reasons. More information about QuickenÕs discontinuation policy is available at https://www.quicken.com/support/quicken-discontinuation-policy.
6. UPLOADED DATA; CONTENT
6.1 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 Online Features, and Ancillary Services. Quicken does not control the content of the data stored within users' accounts and does not have any obligation to monitor the Content or Quicken Account Data for any purpose.
6.2 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, or the number of times (and the maximum duration for which) you may access the Ancillary Services in a given period of time. 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.
6.3 The Quicken Software, Quicken Online Features, and 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 or any Quicken Account Data 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 or any Quicken Account Data.
6.4 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 Quicken Account Data on and through the Quicken Software, Quicken Online Features, and Ancillary Services. 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.
6.5 You acknowledge that as an active subscriber to the Quicken Services or Ancillary Services 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.
7. FREE CREDIT SCORE SERVICE
Quicken may, but shall not be obligated to, provide you with credit score, report summary, or monitoring alerts (collectively "Credit Score Service") with your license of Quicken Starter Edition, Quicken Deluxe, Quicken Premier, Quicken Home and Business and Quicken Rental Property. The Credit Score Service is governed by the terms of this Agreement and the supplemental terms and conditions available when you sign up for the Credit Score Service. The Credit Score Service is not included when you license Quicken for Mac.
8. SATISFACTION GUARANTEED
If you are not satisfied with the Quicken Software, 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 Quicken, 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 Quicken Inc., Attn: Returns Department, Door 20, 11500 80th Avenue, Pleasant Prairie, WI 53158 or via U.S. Mail to Quicken Inc., Returns Department, Attn: Returns Department, P.O. Box 580926, Pleasant Prairie, WI 53158; (b) You obtained the Software directly from Quicken via an Internet download, you may submit a written request to Quicken including your name, contact and product order information to Quicken Inc., Returns Department, PO Box 580926, Pleasant Prairie, WI 53158; (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 from a third-party download site, contact the provider of the download site.
9. SOCIAL MEDIA SITES
10. 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 or Quicken Account Data 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, Quicken Online Features, or Ancillary Services 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.
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:
1. Acknowledgement: You acknowledge that this Agreement is between you and Quicken only, and not with Apple, and Quicken, not Apple, is solely responsible for the Software and the content thereof.
2. 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.
3. Maintenance and Support: Quicken, 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.
4. Warranty: Quicken 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 Quicken's sole responsibility.
5. Product Claims: Quicken, 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.
6. 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, Quicken, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
7. 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.
8. Developer Contact Info: Direct any questions, complaints or claims to: Quicken Inc., 3760 Haven Ave, Menlo Park, CA 94025 or visit http://quicken.com to access Support
9. Third Party Terms of Agreement: You must comply with any applicable third party terms of agreement when using the Software.
10. 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.
d. Paying bills with Quicken is available only if you have Quicken Bill Pay (Bill Payment Services provided by Metavante Payment Services, LLC) or if your bank allows you to access their bill pay product through Quicken. Application approval, fees, and additional terms and conditions may apply.
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