Tax Year 2009 TurboTax® User Agreement –
Online Software and Services

A. INTUIT GENERAL TERMS OF SERVICE.

Thank you for selecting the Services offered by Intuit Inc. and/or its subsidiaries (referred to as “Intuit,” ”we,” “our,” or “us”) on this website. Please review these Terms of Service (“Agreement”) thoroughly. This Agreement is a legal agreement between you and Intuit. By clicking “I AGREE,” indicating acceptance electronically, accessing or using the Services, 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 Services.

1. AGREEMENT

This Agreement describes the terms governing your use of the Intuit online services provided to you on this website, including content, updates and new releases, (collectively, the “Services”). It includes by reference:

  • Intuit's Privacy Statement available on this website or provided to you in the documentation for the Intuit services you have selected.
  • Additional Terms and Conditions for the Services that you have selected, including from third parties.
  • Any terms provided separately to you for the Services, including for example, web or email product or program terms, ordering, activation, pricing and payment terms, if applicable, for the Services.

2. LICENSE GRANT AND RESTRICTIONS

2.1 The Services are protected by copyright, trade secret, and other intellectual property laws. You are only granted the right to use the Services, and Intuit reserves all rights of ownership in the Services not expressly granted to you. As long as you meet any applicable payment obligations and comply with this Agreement, Intuit grants to you a personal, limited, nonexclusive, nontransferable license to use the Services that is valid only for the period of use provided in the ordering and activation terms. In addition, your right to use the Services is only for the purposes described by Intuit on this website.

2.2 You agree not to use the Services or content on this website 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 any part of the Services to any third party.
  • Modify, disrupt or interfere with the Services, supporting servers, or networks either manually or through the use of scripts, viruses, or worms.
  • Reproduce, duplicate, copy, deconstruct, sell, trade or resell the Services.
  • Attempt to access any other Intuit systems that are not part of these Services.
  • Excessively overload the Intuit systems used to provide the Services.

If you violate any of these terms, this Agreement and your right to use the Services automatically terminates.

3. PRICING & PAYMENT.

Prices are ultimately determined at time of print or e-file and are subject to change without notice. You should confirm that the pricing for your use of the Services has not changed, particularly if some time has passed between the date you start your tax return and the date you finish and are ready to file or print and pay for it. The price for your use of the Service is established at the time you pay for it. Your price will not change once you pay for your Service.

For Services offered 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 on the website for the Services:

3.1 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 Services.

3.2 You must pay with one of the following :

a. A valid credit card acceptable to Intuit;

b. A valid debit card acceptable to Intuit;

c. Sufficient funds in a checking or savings account to cover an electronic debit of the payment due; or

d. By another payment option Intuit 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 and refuse any use of the Services.

3.4 Intuit will automatically renew your monthly or annual Services at the current rates, unless the Services are cancelled or terminated under this Agreement.

3.5 Additional cancellation or renewal terms may be provided to you on the website for the Services.

4. TRIAL PERIOD.

If you registered for a trial use of the Services ("Trial Period"), you must decide to purchase the Services within the Trial Period in order to retain any Content (defined in Section 6) that you have posted or uploaded during the Trial Period. If you do not purchase the Services by the end of the Trial Period, your Content will no longer be available to you, and Intuit will not be responsible for any of it. To be very clear, after using the Services during the trial period, if you decide not to purchase the full version of the Services, you will not be able to access or retrieve any of the data you added/created during the trial.

5. YOUR PRIVACY AND PERSONAL INFORMATION.

You can view Intuit's Privacy Statement on the website, or via a link on the website for the Services you have selected. You agree to be bound by the applicable Intuit Privacy Statement, subject to change in accordance with its terms.

6. CONTENT

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 Services. You grant Intuit a worldwide, royalty-free, non-exclusive license to host and use the Content in order to provide you with the Services. You agree not use the Services 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 Services. You must provide all required and appropriate warnings, information and disclosure. You agree that you will not use the Services 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 submit on the website.

You agree not to use the Services 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 expressly permitted by Intuit, 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 Services may include a community forum to exchange information with other users of the Services 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. Exercise your judgment in evaluating and acting on (or ignoring) contents posted in community forums. Remember, due to the anonymous nature of the Internet, other users may not be who they say they are, know what they say they know or be affiliated with whom they say they are affiliated.

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 Services, other products or services, advertising or marketing materials. You grant Intuit a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to Intuit in any way.

6.4. Intuit may monitor your content from time to time. Intuit may, but has no obligation to, monitor content on the Services. We may disclose any information necessary or appropriate to satisfy our legal obligations, protect Intuit or its customers, or operate the Services 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.

7. ADDITIONAL ITEMS 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 products or services. When using the Services you may be offered other services, features, products, applications, online communities, or promotions provided by Intuit ("Additional Intuit Services"). If you decide to use any of the Intuit Services, additional terms and conditions and separate fees may apply.

7.3 We may tell you about third party products or services. You may be offered products or services by third parties who are not affiliated with Intuit (“Third Party Products”) or the Services may contain links to third party websites (“Third Party Sites”). 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 Services 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, such as turbotax.intuit.com. If you later decide that you do not want to receive future Communications electronically, please review the Privacy statement provided on the on the Services website to review your communications choices.

7.5 You will track your passwords and accept updates. You are responsible for securely managing your password(s) for access to the Services. If you become aware of any unauthorized access to your Services account, theft or loss of your password, you agree to contact Intuit as soon as possible.

7.6 Updates. Additionally, the Services may periodically be updated with tools, utilities, improvements, third party applications, or general updates to improve and enhance the features and performance of the Services. You agree to receive these updates automatically as part of the Services.

8. DISCLAIMER OF WARRANTIES

8.1 YOUR USE OF THE SERVICES AND CONTENT IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS DESCRIBED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INTUIT, 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 SERVICES ARE 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 SERVICES. INTUIT AND ITS SUPPLIERS DO NOT WARRANT THAT THE SERVICES ARE 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.

8.2 INTUIT AND ITS SUPPLIERS DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICES 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 SERVICES 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 SUPPLIERS FOR ALL MATTERS OR CLAIMS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO SUCH CLAIM. SUBJECT TO APPLICABLE LAW, INTUIT AND ITS SUPPLIERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING:

INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES;

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 SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

You agree to indemnify and hold Intuit and its Suppliers harmless from any and all claims, liability and expenses, including reasonable attorneys' fees and costs, arising out of your use of the Services or your breach of this Agreement (collectively, “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 SERVICES

We may change this Agreement from time to time, and the changes will be effective when posted on our website for the Services or when we notify you by other means. Please review the Agreement periodically on this 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 Services, in whole or in part, including but not limited to, the Internet based services, pricing, technical support options, and other product-related policies. Your continued use of the Services 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 the Services provided to you, if you fail to comply with these terms or if you no longer agree to receive electronic communications (see Section 7.4). Upon termination you must immediately stop using the Services 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 the Services may apply based on the specific ordering terms for the Services provided to you.

12. EXPORT RESTRICTIONS

You acknowledge that this website, the Services, 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 Services, or any part of the Services, in violation of these laws and regulations, directly or indirectly. You also agree not to provide access to any part of the Services to anyone who you have reason to know may use the Services in the development of nuclear, chemical, or biological weapons.

13. MISCELLANEOUS

13.1 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. The Agreement sets forth the entire liability of Intuit, its corporate affiliates and your exclusive remedy with respect to the Services and its use. 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.

13.2 California state law governs this Agreement without regard to its conflicts of laws provisions. To resolve any legal dispute arising from this Agreement, you and Intuit agree to the exclusive jurisdiction of state courts in Santa Clara County, California U.S.A. or federal court for the Northern District of California.

13.3. 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.

13.4 You cannot assign or transfer ownership of this Agreement to anyone without the prior written approval of Intuit. However, Intuit may assign or transfer it without your consent to (a) a parent company or Intuit direct or indirect subsidiary, (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. If you want to request a transfer of this Agreement or if your company is acquired by or merged into another company, contact Intuit via an email to: transfer_license@intuit.com.

B. ADDITIONAL TERMS AND CONDITIONS FOR THE TURBOTAX SERVICES

Your use of the Services provided by Intuit are subject to the General Terms of Service above including these Additional Terms and Conditions which govern your use of the Services indicated below. These Additional Terms and Conditions shall prevail over any conflict or inconsistency with the General Terms of Service above.

1. LICENSE GRANT AND RESTRICTIONS.

1.1. Number of Returns. You may use the Services solely to prepare valid federal and/or state tax return(s) for which you have paid the applicable fee(s), and after proper registration and any applicable payment, to file electronically and/or print such federal and/or state tax return.

1.2. Additional Examples of Restrictions on Use. You may not use the services to prepare tax returns, schedules or worksheets on a professional or commercial basis (i.e., for a preparer's or other fee).

2. SERVICES.

2.1. State Services. The term “Services” includes any state version of TurboTax Online software made available through this website, which may be subject to additional fees as described on the website.

2.2. Electronic Filing Services.

a. If you choose to file your return electronically, the tax return will be forwarded to Intuit's Electronic Filing Center, where it will be converted to and stored in a standardized format, and then transmitted to the applicable federal and/or state taxing authority. You are responsible for verifying the status of your return to confirm that it has been received and accepted by the applicable taxing authority and, if necessary, for filing it manually in the event that the taxing authority rejects your electronically filed return (e.g., taxpayer name and SSN don't match). You agree to review your tax return for indications of obvious errors before electronically filing or mailing it. To the extent required by applicable law and regulation, Intuit stores and maintains information that you provide to Intuit. Intuit is not required or obligated to provide you with copies of this information. If you require a copy your tax return, you must contact the IRS.

b. The Internal Revenue Service ("IRS") will begin accepting electronically filed returns on approximately January 7, 2010. If you complete a federal tax return prior to that date and want to file it electronically, you will need to sign back in to TurboTax Online anytime on or after the date the IRS first accepts filings to complete the electronic filing process. The IRS requires Intuit to notify it, in connection with the electronic filing of your tax return, of the Internet Protocol ("IP") address of the computer from which the return originated and whether the email address of the person electronically filing the return has been collected. By using this Service to prepare and submit your tax return, you consent to the disclosure to the IRS and any other tax or revenue authority of all information relating to your use of the Electronic Filing Services.

2.3. Import Services. The TurboTax Online software includes a feature that allows you to import, where applicable, certain tax-related information from participating financial institutions (including those offering a TurboTax for Online Banking interface), payroll processors, personal financial software such as Quicken software, business financial software such as QuickBooks and charitable deduction information from ItsDeductible branded software or services. You are responsible for verifying the accuracy of the information that is imported.

2.4. Tax Advice. The TurboTax Online software includes a service that connects you to the Tax Advice service to obtain answers to tax questions. Internet access is required to use this service. If you choose to use it, you understand and agree that neither Intuit nor the Intuit Tax Advice service advisor will sign your tax return as the paid preparer of the return. The full terms and conditions governing the Intuit Tax Advice service will be available on the Tax Advice service web site (accessible from www.turbotax.com/support/), and by accessing and using the Tax Advice service, you agree to be bound by those terms and conditions, which supplement, and supersede where inconsistent, this Agreement.

3. HELP AND SUPPORT.

Intuit may use a variety of methods (e.g., in-product, Internet, e-mail, chat, fax and phone) to provide technical support and customer service in connection with the Services. The terms and conditions governing the offering of this support, which may require the payment of an additional fee, are subject to change as announced by Intuit from time to time. Consult the TurboTax Online Help and Support web site (currently, www.turbotax.com/support/) for the most up-to-date information relating to this support and any associated charges. The Services are not accessible after October 15 of each applicable tax year and shall not be supported beyond that date.

4. GUARANTEES.

(a) TurboTax Accurate Calculations Guarantee. Intuit diligently works to ensure the accuracy of the calculations on every form prepared using TurboTax Online tax preparation software.

(i) If you are a registered user and you pay an IRS or state penalty and/or interest solely because of a calculation error on a form prepared for you using TurboTax Online, and not as a result of, among other things, your failure to enter all required information accurately, willful or fraudulent omission or inclusion of information on your tax return, misclassification of information on the tax return, or failure to file an amended return to avoid or reduce an applicable penalty/interest after Intuit announced updates or corrections to the TurboTax Online software in time for you to file an amended return, then Intuit will pay you in the amount of the IRS or state penalty and/or interest paid by you to the IRS or state. In this regard, you are responsible for keeping Intuit apprised promptly of any change in your email address, mailing address and/or phone number so that you can be notified of such updates or corrections. You are responsible for paying any additional tax liability you may owe and providing any other information Intuit reasonably requests. A "registered user" is a user from whom Intuit has received the information necessary to permit such person to print or electronically file a tax return prepared using the TurboTax Online software and who complies with the terms and conditions of this Agreement.

(ii) If you believe such a calculation error occurred, you must notify Intuit as soon as you learn of the mistake (and in no event later than 30 days after the penalty or interest is assessed) at http://support.turbotax.com/go/accuracy, or by mail at Intuit Inc. P.O. Box 28867, Tucson AZ 85726-8867. Intuit will then contact you promptly to resolve the issue. To resolve your matter, Intuit requires your TurboTax tax data file and other supporting information such as a copy of the IRS/state notice, evidence of payment of the specified penalty and/or interest, and a copy of your printed tax return or estimated quarterly taxes form.

(b) Maximum Refund (or Tax Savings) Guarantee or Your Money Back.

(i) If you are a registered user of TurboTax and you receive a larger refund amount or pay a smaller tax due amount using another tax preparation method other than TurboTax, then Intuit will refund to you the applicable purchase price paid by you for the federal and/or state TurboTax product you purchased. TurboTax Federal Free Edition customers are entitled to payment of $14.95 and a refund of your state purchase price paid. Claims must be submitted within sixty (60) days of the date you filed your tax return using TurboTax, but no later than June 15, 2010. All other fees are excluded including, electronic filing fees, Audit Defense, Professional Review, Tax Advice, Refund Transfer and technical support fees. This guarantee cannot be combined with the Satisfaction Guarantee in paragraph number 8 below.

(ii) To qualify, the larger refund or smaller tax due cannot be attributed to variations in data you provided for tax preparation or for positions taken by you or your preparer that are contrary to the law. If you received a larger refund amount or pay a smaller tax due using another tax preparation method other than TurboTax, you must notify Intuit within sixty days of the date you filed your tax return by submitting a claim with the following documents (1) Maximum Refund Guarantee Claim Request Summary, (2) copy of your TurboTax store sales receipt or shipment packing slip, (3) copy of your proof of payment for another tax preparation method (if applicable), and (4) letter stating your refund or tax due amount using TurboTax and your refund or tax due amount using another tax preparation method. Send it to Intuit Inc., Returns Department, 120 Hidden Lake Circle, Duncan, SC 29334. Please use a traceable mailing method and maintain copies of submitted items for your records. Claims of non-payment will require photocopy substantiation of all required items. Please allow up to 6 weeks for processing and delivery. If after 8 weeks you have not received your check, contact us.To validate your claim, and as a precondition of refund payment, Intuit may require your TurboTax data file and/or other supporting information such as copies of your printed tax returns.

(c) Satisfaction Guaranteed (or Guaranteed Easy).

You may use the TurboTax Online software without charge up to the point you decide to print or electronically file your tax return. Printing or electronically filing your return reflects your satisfaction with software, at which time you will be required to pay or register for the product.

5. THIRD PARTY SERVICES

To facilitate Third Party Services, Intuit may be required to obtain your explicit consent for disclosure and/or use of the information you have provided to Intuit. By accepting these agreements and consents you authorize Intuit to use and disclose your contact information, including name and address, for the purpose of making the Services you choose available to you. The applicable terms and conditions for TRI's audit defense memberships and professional review services are accessible at http://intuit-tt-ad001.taxaudit.com/. Your participation in such Third Party Services indicates your acceptance of such terms and conditions for such Third Party Services.

6. USER ID AND PASSWORD SECURITY.

You are the only person authorized to use your user ID and password and for maintaining the confidentiality of your user ID and password. You shall not permit or allow other persons to have access to or use your user ID and password, except if you choose to provide that information to Intuit's authorized technical support personnel to assist you. You are responsible for the use of the Services under your user ID. If you have not electronically filed or printed your tax return, you must create a user ID and password in order for you to access your tax return data at a later date. You must remember your user ID and password to electronically transfer your tax return information into next year's tax return. If you do not complete your return prior to October 15 your tax return information will be deleted from our system.

7. PRIVACY OF PERSONAL AND TAX RETURN INFORMATION.

At Intuit we place the highest importance on respecting and protecting the privacy of our customers. Our most important asset is our relationship with you. We want you to feel comfortable and confident when using our products and services and with entrusting your personal and tax return information to us. Our full TurboTax Privacy Statement can be found by visiting http://turbotax.intuit.com/corp/privacy.jhtml. To contact us with a question, visit https://privacy.intuit.com/cpi/do/comments. Or write to us at: Privacy Team, Intuit Inc., 2800 East Commerce Center Place, Tucson, AZ 85706.

You are responsible for protecting the information on your computer such as by installing anti-virus software, updating your software, password protecting your files, and not permitting third party physical or electronic access to your computer.

Financial Reporting. To comply with financial accounting or regulatory reporting requirements, Intuit may collect information associated with non-fee based transactions and activities. In the case of non-fee transactions, such as a non-fee E-file or non-fee first Print only activity, a transmission may be sent to our payment system as a zero dollar based transaction. This transmission does not contain any personally identifiable information or tax return information and is used strictly for Intuit-internal reporting purposes.

8. LIMITATION OF LIABILITY AND DAMAGES.

YOU UNDERSTAND THAT INTUIT WILL NOT AUDIT OR OTHERWISE VERIFY ANY INFORMATION YOU PROVIDE, AND IS NOT RESPONSIBLE FOR DISALLOWED DEDUCTIONS, OR THE INCLUSION OF ADDITIONAL UNREPORTED INCOME OR RESULTING TAXES, PENALTIES OR INTEREST.

EXCEPT FOR THE REIMBURSEMENT FOR CALCULATION ERRORS DESCRIBED IN SECTION 4 OF THESE SUPPLEMENTAL TERMS, THE ENTIRE CUMULATIVE LIABILITY OF INTUIT AND ITS SUPPLIERS FOR ANY REASON ARISING FROM OR RELATING TO THIS AGREEMENT SHALL BE LIMITED AS SET FORTH IN SECTION 9 OF THE GENERAL TERMS.

INTUIT SHALL NOT BE LIABLE LOSS OF PROFITS OR INVESTMENT, TAX POSITIONS TAKEN BY YOU, INABILITY TO FILE YOUR RETURN, DELAY IN PREPARING YOUR TAX RETURN, INCORRECT OR INCOMPLETE INFORMATION PROVIDED TO INTUIT, ANY ACCESS TO, OR USE OF, YOUR PASSWORD AND USER ID BY AN UNAUTHORIZED PERSON.

INTUIT SHALL BE NOT BE LIABLE FOR ANY DEFAULT OR DELAY IN THE PERFORMANCE OF ITS OBLIGATIONS UNDER THIS AGREEMENT TO THE EXTENT ITS PERFORMANCE IS DELAYED OR PREVENTED DUE TO CAUSES BEYOND ITS REASONABLE CONTROL, SUCH AS ACTS OF GOD, NATURAL DISASTERS, TERRORIST ACTS, WAR OR OTHER HOSTILITIES, LABOR DISPUTES, CIVIL DISTURBANCES, THE ACTIONS OR OMISSIONS OF THIRD PARTIES, ELECTRICAL OR COMMUNICATION SYSTEM FAILURES, OR GOVERNMENTAL ACTION.

THE FINANCIAL INSTITUTIONS THROUGH WHICH YOU ACCESS TURBOTAX FOR ONLINE BANKING SHALL NOT HAVE LIABILITY RESULTING FROM YOUR USE OF THE SERVICES.

9. MISCELLANEOUS MATTERS.

You agree that Intuit is not acting as your agent or fiduciary in connection with your use of the Software or any Services.

You can contact Intuit, Inc. by mail at Consumer Tax Group, Intuit, Inc., 2800 E Commerce Center Place, Tucson, AZ 85706 or by calling 888-777-3066 if you have a question or concern about any product or service we sell over the Internet. The address and telephone number of the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs is: 400 R Street, Suite 1080, Sacramento, CA 95814-6200, 800-952-5210.

November, 2009