Thank you for selecting the software offered by Intuit Inc. and/or its subsidiaries ("Intuit," "we," "our" or "us"). This software license agreement, including the Special Terms, General Terms and the TurboTax Privacy Statement incorporated into this agreement by reference (collectively, the "Agreement") is a legal agreement between you ("you," "your," "licensee"), and Intuit. It gives you certain rights and responsibilities depending on the software you selected as more fully described below in Section A-1 (collectively, the "Software"). By clicking I AGREE, and/or accessing or using the Software, you indicate that you have read and understood and agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, you are not granted any rights in the Software, and you will not be able to install, access or use the Software. If you do not accept this Agreement, you may return the Software with your dated receipt to the place of purchase within 60 days of your license purchase for a full refund. If the store is unwilling to issue a refund or you obtained the Software directly from Intuit, you may return it for a refund to the address indicated in Section 6, below. Your access to or use of the Software may also be subject to your acceptance of separate agreements with Intuit and / or third parties.
This Agreement incorporates by reference applicable program, subscription, ordering and pricing terms provided to you online or offline for the Software selected by you and for other Intuit products made available to you through this Software, which may be subject to change from time to time. These terms will also govern your continued purchases and use of the Software, including such additional Intuit internet based products made available to you through the Software you have selected. The Special Terms and Conditions will prevail over the General Terms and Conditions if there is any conflict or inconsistency between the Special Terms and Conditions and the General Terms and Conditions. You may print this document by clicking on the print button or by going to the TurboTax web site at www.turbotax.com to access and print a copy of it.
A. SPECIAL TERMS AND CONDITIONS
1. Products and Services Covered. In addition to the TurboTax federal and/or state tax preparation software ("TurboTax"), the term "Software" as used in this Agreement includes: (i) the ItsDeductible donation valuation software that you will be presented with an opportunity to use if you purchase certain versions of the Software license, (ii) the Software's related internet-based components, and (iii) any updates or maintenance releases that we may provide or make available for the Software. This Agreement also includes certain special provisions and disclosures relating to services provided by Third Party providers, including Refund Processing Services permitting you to have any fees paid from the proceeds of your tax refund. Those provisions include use of your bank account information to permit your bank account to be debited in certain circumstances. See A.8 and B.4, below. Some Software and Services may be accompanied by, and will be subject to, additional terms.
2. Supplemental License Grant and Restrictions. In addition to the General License Grant you may: (I) install and use a copy of the Software on one or more computers owned by you (at home or at work); (ii) use the Software only to prepare, print and/or electronically file federal 2010 tax year returns and related state tax returns as described below; and (iii) make one backup copy of the Software for personal use as permitted under this license grant.
A. TurboTax Basic, Deluxe, Premier, Home & Business.
B. TurboTax Business.
C. Additional Restrictions. You are not licensed or permitted under this Agreement to do any of the following: (1) allow any other person to use the Software; (2) rent, loan, resell, distribute, or redistribute the original CD or a copy of the Software to any other person or entity; (3) make the Software available on any file-sharing or application hosting service; (4) electronically send the Software to any other person; (5) copy the printed materials or user documentation accompanying the Software other than as necessary to support the uses permitted above; (6) use the Software for any commercial purpose (i.e., tax return preparation for a fee); or (7) use the Software to electronically file more than five federal returns. Any person who received the Software through any of the forgoing prohibited methods, or through any method other than purchasing a license for this Software from Intuit or an Intuit authorized reseller, is not authorized to use such Software.
You are not licensed or permitted to use the Software, or allow the Software to be used, to prepare tax returns, schedules or worksheets on a professional or commercial basis (i.e., for a preparer's or other fee). Additionally, you must indemnify and defend Intuit against any claims or lawsuits, including (without limitation) attorneys' fees, that arise from or result from the use of the Software on a professional or commercial basis.
You agree to register as a licensee of the Software (unless you obtained the Software directly from Intuit) so that Intuit can notify you of updates or corrections to the Software and in order to obtain the benefit of any warranties or guarantees given or made by Intuit with respect to the Software or Intuit Services. In this regard, you agree to keep 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. Additionally, the IRS and state tax authorities may release certain final approved tax forms after the Software is made available. To ensure that you have the most up-to-date information and final approved forms, you must update your copy of the Software using its "Check for Updates" feature before printing or electronically filing your return.
3. TurboTax Accurate Calculation Guarantee. Intuit works diligently to ensure the accuracy of the calculations on every form prepared using TurboTax. If you are a registered user who has updated your copy of TurboTax with the most recent update available prior to filing your return and reviewed your return for reasonableness and you pay an IRS or state penalty and/or interest solely because of a calculation error on a form prepared using TurboTax, 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 TurboTax 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. (A "registered user" is a user who either registers his/her TurboTax license purchase with Intuit, or has purchased a license to use TurboTax directly from Intuit). You are responsible for paying any additional tax liability you may owe and providing any other information Intuit reasonably requests to validate your claim.
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. CTG Tax Analysts, P.O. Box 28867, Tucson AZ 85726-8867. Intuit will then contact you to resolve the issue. To resolve your matter, Intuit may require 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.
4. Maximum Refund (or Tax Savings) Guarantee or Your Money Back. If you are a registered user of TurboTax and you receive a larger refund amount or must 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 license you purchased. Claims must be submitted within sixty (60) days of the date you filed your tax return using TurboTax, but no later than June 18, 2011. All other fees are excluded including, electronic filing fees, Audit Defense, Professional Review, Tax Advice, Refund Processing Service and technical support fees. This guarantee cannot be combined with the Satisfaction Guarantee in paragraph number 5 below.
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 must 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 (i) Maximum Refund Guarantee Claim Request Summary, (ii) copy of your TurboTax store sales receipt or shipment packing slip, (iii) copy of your proof of payment for another tax preparation method (if applicable), and (iv) 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, 112 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.
5. Satisfaction Guaranteed (or Guaranteed Easy). If you do not accept this Agreement or if you are not satisfied with the Software, 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 Software directly from Intuit, you may uninstall and delete all copies of the Software and return the Software with a dated receipt or packing slip within 60 days of shipment via U.S. mail to Intuit Inc., Returns Department, PO Box 19004, Greenville, SC 29602-9004 or via UPS to Intuit Inc., Returns Department, 112 Hidden Lake Circle, Duncan, SC 29334. In the case where you purchased a license and 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 29602-9004.
6. Limited Warranty. If the CD on which the Software is stored is defective, then return the CD to Intuit Inc., Returns Department, PO Box 19004, Greenville, SC 29390-9004 within 60 days of shipment (or in the case of a retail license purchase, within 60 days of purchase) with a dated receipt or packing slip, and a replacement CD will be mailed to you. All warranties or guarantees given or made by Intuit with respect to the Software, Intuit Services or Tax Advice (1) are solely for the benefit of you as the registered user of the Software and are not transferable, and (2) shall be null and void if you breach any term or condition of this Agreement.
7. Intuit Services. Intuit may provide the following or additional Services. You are responsible for providing, at your expense, any access to the Internet and any required equipment. Intuit may at any time change or discontinue any aspect, availability or feature of the Services.
Electronic Filing Services. If you choose to file your return electronically, your tax return will be forwarded to Intuit's Electronic Filing Center, where Intuit will convert it to a standardized format and transmit it 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., if the taxpayer name and SSN don't match).
The Internal Revenue Service ("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 electronic filing 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.
Review and Save Your Return. You agree to review your tax return before electronically filing or mailing it and to print and save a copy (printed and electronic) of any tax return prepared using the Software for your records. 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 of your tax return, you must contact the IRS.
Import Services. The Software includes a feature that allows you to import certain tax-related information from participating payroll processors and financial institutions, personal financial software such as Quicken®, business financial software such as QuickBooks® and charitable deduction information from ItsDeductible software. You are responsible for verifying the accuracy of the information that is imported.
Tax Advice. The Software includes a feature that connects you to an Intuit 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.
Help and Support. Intuit may use a variety of methods (e.g., in-product, Internet, chat, e-mail and phone) to provide technical support and customer service in connection with the Software and Intuit Services. The terms and conditions governing the offering of this support, some of which require the payment of an additional fee, are subject to change as announced by Intuit from time to time. Consult the TurboTax Help and Support Web site (currently, http://support.turbotax.intuit.com) for the most up-to-date information relating to this support and any associated charges, as well as updates to the Software. TurboTax tax preparation and ItsDeductible donation valuation software for tax year 2010 are subject to discontinuation and shall not be supported beyond October 15, 2013.
Updates. Upon installing TurboTax for Windows for the first time, a Windows-based service will also be installed named the "Intuit Update Service." This service will continue to run on your system in the background regardless of whether TurboTax is currently running. In addition, during the installation process TurboTax for Windows will check your computer to determine if you have Microsoft .net framework (version 3.5 SP1 or greater) and Microsoft Windows Installer (version 3.1 or greater) and install these program updates if they are not already present on your computer. Installation of these programs is necessary for the installation and operation of TurboTax for Windows. If you subsequently delete TurboTax or choose to not continue with the installation process, these Microsoft programs will remain on your system.
If you choose the "automatic" option for updates the Intuit Update Service will periodically check Intuit's servers via the Internet for updates to TurboTax. In addition, non-personally identifiable information about your computer system and the update process will be sent to Intuit. If an update is available, it will be automatically downloaded and you will be prompted to install that update the next time you start TurboTax.
If you choose the "ask me first" option for updates, the Intuit Update Service will still run in the background, but it will not check Intuit's servers for updates to TurboTax until you confirm that you want it to check. In addition, non-personally identifiable information about your computer system and the update process will be sent to Intuit.
If you do not have Internet access you can request that Intuit provide you with Federal updates via CD. State updates are available only through Internet access. The Intuit Update Service will still be loaded onto your computer.
This update section will not apply for TurboTax for Macintosh.
Other Services. You may be made aware of or offered services, features, products, applications, online communities, or promotions provided by Intuit ("Intuit Services"). If you decide to use Intuit Services, you may be subject to additional terms and conditions governing these Intuit Services and separate fees may apply. You acknowledge that in accessing certain Intuit Services through the Software you may upload or enter certain data from your account(s) such as names, addresses and phone numbers, purchases, and sales among others, to the Internet. You hereby grant Intuit permission to use information about your business and usage experience to enable us to provide the Intuit Services to you, including updating and maintaining your data, addressing errors or service interruptions, and to enhance the types of data and services Intuit may provide to you in the future. You also grant Intuit permission to combine your business data, if any, with that of others in a way that does not identify you, your company or any individual personally to improve services and to compare business practices with other users. You also grant Intuit permission to create, market or promote new Intuit offerings based on your data.
8. THIRD PARTY SERVICES. In connection with your use of the Software, you may be made aware of services, products, offers and promotions provided by third parties, and not by Intuit ("Third Party Services") that may include refund processing, cost basis lookup, professional tax review, and audit defense, among others. If you decide to use Third Party Services, you are responsible for reviewing and understanding the terms and conditions as well as any fees, if any, governing any Third Party Services. You authorize Intuit to use and disclose your contact information, including name and address, for the purpose of making the Third Party Services you choose available to you. You agree that the third party, and not Intuit, is responsible for the performance of the Third Party Services. The Software may contain or reference links to websites operated by third parties ("Third Party Websites"). These links are provided as a convenience only. Intuit is not responsible for the content of any Third Party Website or any link contained in a Third Party Website. Intuit does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Websites, and the inclusion of any link in the Software is not and does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by Intuit of any data contained in, or any services made available through, any Third Party Website. In no event will Intuit be responsible for the information contained in such Third Party Website or for Licensees use of or inability to use such website. Access to any Third Party Website is at your own risk, and you acknowledge and understand that linked Third Party Websites may contain terms and privacy policies as well as fees that are different from those of Intuit. Intuit is not responsible for such provisions, and expressly disclaims any liability for use of such Third Party Services and Third Party Websites. If you sign up for the Refund Processing Service which enables you to deduct certain fees and any applicable tax from the proceeds of your tax return, you authorize Intuit (through its third party processor) to debit these amounts (excluding the Refund Processing Service fee) from your bank account you identify as your Direct Deposit Bank Account in the event that you do not receive a tax refund that is sufficient to pay for them.
B. GENERAL TERMS AND CONDITIONS
1. License Grant and Restrictions. Subject to the terms and conditions of this Agreement, including the payment of any applicable fees, Intuit grants you a personal, limited, non-exclusive, non-transferable, revocable license, during the initial term and any renewal term or other period of use provided in the activation and ordering terms for the Software, to access and use the Software solely for the purpose described in the Intuit description for the Software and this Agreement, and, if applicable, solely by such number of authorized users for which the applicable fee has been paid by you.
The Software includes any other programs, tools, components and any updates (for example, documentation, help content, bug fixes, or other information and releases) of the Software that Intuit provides or makes available to you.
Except as expressly allowed herein or by applicable law, you are not licensed or permitted under this Agreement to do any of the following and must not allow any third party to do any of the following: (i) access or attempt to access any other Intuit systems, programs or data that are not made available for public use; (ii) copy, reproduce, republish, upload, post, transmit, license, sublicense, modify or create derivative works based on the Software in whole or in part, resell, distribute, or redistribute in any way the Software; (iii) permit any third party to benefit from the use or functionality of the Software via a rental, lease, timesharing, service bureau, application hosting service or other arrangement; iv) transfer any of the rights granted to you under this Agreement; (v) work around any technical limitations in the Software, use any tool to enable features or functionalities that are otherwise disabled in the Software, or decompile, disassemble, or otherwise reverse engineer the Software except as otherwise permitted by applicable law; (vi) perform or attempt to perform any actions that would interfere with the proper working of the Software, prevent access to or the use of the Software by Intuit's other licensees or customers, or impose an unreasonable or disproportionately large load on Intuit's infrastructure.
2. Online Communities. The Software may include a feature that allows you to exchange useful and helpful information with other users of TurboTax and the public ("Live Community"). Internet access is required to use Live Community. Please respect and interact with other users as you would in any public arena when using the Live Community feature. Exercise your judgment in evaluating and acting on (or ignoring) other users' Live Community sessions. Remember, due to the anonymous nature of the Internet, other Live Community 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.
(i) Content. You agree that Intuit does not endorse and is not responsible for the accuracy of the content in Live Community, and will not be liable for any damages incurred as a result of the submission or use of any such content. Live Community users may post hypertext links to content hosted and maintained by third parties. Intuit has no obligation to monitor these linked sites, and is not responsible for them. Your access to any linked sites is at your own risk, so use good judgment before you click on any link or access any linked site. Do not reveal information that you do not want to make public, such as by posting your contact information or email address while using Live Community. Intuit reserves the right to monitor the Live Community content and designate Intuit employees to act as monitors. Additionally, Intuit reserves the right to edit, remove or refuse to remove Live Community content in its sole discretion. Any feedback, suggestions or ideas that you provide to Intuit through Live Community will be considered Feedback as defined in the General terms.
(ii) Conduct. You agree not to upload, post or otherwise transmit any content (including but not limited to text, links, communications, software, images, sounds, data or other information) that contains: Inappropriate content such as: profanity, objectionable material of any kind, links to websites that contains information about illegal activity, information or software that contains a virus, Trojan horse, or other harmful or disruptive component. Spam such as: commercial solicitations, chain letters, securities offerings, repetitive, pointless or irrelevant postings. Attacks such as: "flaming" other participants in a manner that might incite or perpetuate a conflict or argument, creating usernames to attack other participants' identities, impersonating other individuals or falsely representing your identity or qualifications, postings that breach any users' privacy.
3. Reservation of Rights and Ownership. The Software is licensed not sold, and Intuit reserves all rights not expressly granted to you in this Agreement. The Software is protected by copyright, trade secret and other intellectual property laws. Intuit and its licensors own the title, copyright, and other worldwide intellectual property rights in the Software and all copies of the Software. This Agreement does not grant you any rights to trademarks or service marks of Intuit. This Agreement does not limit any rights that Intuit may have under trade secret, copyright, patent or other laws.
4. Privacy and Use 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 https://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.
From time to time in the Software, you may be presented with information about Services or other opportunities that may interest you. You agree that each affirmative indication of further interest by you (including, but not limited to, entering your name, clicking on a "continue," "yes," "show me more," or other such button in the Software), supplemented by the provisions of this Agreement and as otherwise required by law, shall constitute your separate written consent for Intuit to use and display your tax return information in the Software to help you better understand that Service or opportunity. Each such consent shall be limited to its stated purpose. You also agree that your agreement to a third party Refund Processing Service Agreement will authorize the sharing of the bank account information you provide to the provider and your authorization to debit your bank account for fees, charges, and any applicable taxes owed to Intuit if your tax refund is not sufficient in amount to pay for those fees, charges, and taxes (if any).
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.
5. Feedback. Intuit may provide you with a mechanism to provide feedback, suggestions and ideas, if you choose, about its online products and services (Feedback). You agree that Intuit may, in its sole discretion, use the Feedback you provide to Intuit in any way, including in future modifications of the Software, multimedia works and/or advertising and promotional materials relating thereto. You hereby grant Intuit a perpetual, worldwide, fully transferable, sublicensable (through multiple tiers), non-revocable, fully paid-up, royalty free license to use, modify, create derivative works from, distribute, display and otherwise exploit, any information you provide to Intuit in the Feedback.
6. DISCLAIMER OF WARRANTIES. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT THE SOFTWARE, SERVICES, TAX ADVICE, AND ANY CONTENT ACCESSIBLE THROUGH THE SOFTWARE ARE PROVIDED "AS-IS" AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INTUIT, ITS AFFILIATES, LICENSORS, PARTICIPATING FINANCIAL INSTITUTIONS, THIRD-PARTY CONTENT AND SERVICE PROVIDERS, DISTRIBUTORS, DEALERS AND SUPPLIERS (COLLECTIVELY, "SUPPLIERS") DISCLAIM ALL GUARANTEES AND WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SOFTWARE, SERVICES, TAX ADVICE, CD, CONTENT, AND RELATED MATERIALS, INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, NON-INTERFERENCE OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS AND SIMILAR LAWS OF ANY JURISDICTION. INTUIT AND ITS SUPPLIERS DO NOT WARRANT THAT THE SOFTWARE, THIRD PARTY SERVICES OR ANY ONLINE SERVICES ARE SECURE OR FREE FROM BUGS, VIRUSES, INTERRUPTION, OR ERRORS, OR THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS. FURTHER, INTUIT DOES NOT WARRANT ACCESS TO THE INTERNET OR TO ANY OTHER SERVICE OR CONTENT OR DATA THROUGH THE SOFTWARE OR CONTINUED ACCESS TO THE TRIAL VERSION OF THE SOFTWARE OR TO THE DATA ENTERED INTO THE TRIAL VERSION OF THE SOFTWARE AFTER THE TRIAL PERIOD OF TIME IS OVER (IF APPLICABLE). SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
THE SOFTWARE IS DESIGNED TO OPERATE AND PROVIDE INFORMATION WITH THE UNDERSTANDING THAT INTUIT AND ITS SUPPLIERS ARE NOT ENGAGED IN RENDERING LEGAL, ACCOUNTING OR OTHER PROFESSIONAL SERVICE. IF LEGAL ADVICE OR OTHER EXPERT ASSISTANCE IS REQUIRED, THE SERVICE OF A COMPETENT PROFESSIONAL SHOULD BE SOUGHT. INTUIT EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SOFTWARE WILL SATISFY ANY STATUTORY OR REGULATORY OBLIGATIONS, OR WILL ASSIST WITH, GUARANTEE OR OTHERWISE ENSURE COMPLIANCE WITH ANY APPLICABLE LAWS OR REGULATIONS, INCLUDING BUT 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 THIS SOFTWARE, RELATED SERVICES OR CONTENT IS IN ACCORDANCE WITH APPLICABLE LAW. IT IS YOUR RESPONSIBILITY TO KEEP ABREAST OF CHANGES IN LAWS, REGULATIONS AND ACCOUNTING PRACTICES THAT AFFECT YOU AND YOUR BUSINESS.
7. LIMITATION OF LIABILITY AND DAMAGES. IN NO EVENT WILL INTUIT BE LIABLE FOR ANY LOSS, COST, LIABILITY OR DAMAGE INCURRED AS A RESULT OF YOUR RECEIPT OF OR PARTICIPATION IN THIRD PARTY SERVICES. THE ENTIRE CUMULATIVE LIABILITY OF INTUIT AN ITS AFFILIATES AND ITS SUPPLIERS FOR ANY REASON ARISING FROM OR RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID BY YOU TO INTUIT FOR THE SOFTWARE IN THE 12 MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM, UNLESS OTHERWISE SEPARATELY AGREED BY INTUIT IN WRITING. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INTUIT, ITS AFFILIATES AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES RELATING TO LOSS OF BUSINESS, TELECOMMUNICATION FAILURES, THE LOSS, CORRUPTION OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF PROFITS OR INVESTMENT, TAX POSITIONS TAKEN BY YOU, USE OF THE SOFTWARE WITH HARDWARE OR OTHER SOFTWARE THAT DOES NOT MEET INTUIT'S SYSTEMS REQUIREMENTS OR THE LIKE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF INTUIT, ITS AFFILIATES, ITS SUPPLIERS OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. . THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN INTUIT AND YOU. INTUIT WOULD NOT HAVE PROVIDED THIS SOFTWARE WITHOUT SUCH LIMITATIONS.
8. Consent to Conduct Business Electronically ("Consent").
A. Consent to Electronic Communications. Intuit may be required by law to send Communications to you that may pertain to the Software, the use of information you may submit to Intuit and the Services you may choose. Additionally, certain of the Services you choose may require Communications with the third parties who administer these programs. You agree that Intuit, on behalf of itself, and others who administer such services (as applicable), may send Communications to you by email and/or may make Communications available to you by posting them at one or more of our sponsored websites, such as www.turbotax.com, etc. You consent to receive these Communications electronically. The term Communications means any notice, record, agreement, or other type of information that is made available to you or received from you in connection with the Software and Third Party Services.
B. Consenting to Do Business Electronically. The decision whether to do business electronically is yours, and you should consider whether you have the required hardware and software capabilities described below. Your consent to do business electronically and our agreement to do so covers all transactions you conduct through the Software and all Services you receive for as long as you remain a licensee of the Software.
C. Hardware and Software Requirements. In order to access and retain an electronic record of Communications, you will need: a computer, a monitor, a connection to an Internet service provider, Internet browser software that supports 128-bit encryption, and an e-mail address. By selecting the "I AGREE" button, you are confirming to us that you have the means to access, and to print or download, Communications. We do not provide ISP services. You must have your own Internet service provider.
D. Communication Choices. If you later decide that you do not wish to receive certain future Communications electronically, please review the Privacy statement provided on the Software website to review your choices. If you withdraw your consent to receive Communications electronically, we may terminate your use of the Software or Services.
E. Changes to Your Email Address. You agree to notify us promptly of any change in your email address. You can do so by logging on to your Intuit.com account. You authorize us to provide your updated information to providers of Services that you elect to receive.
9. Amendment. Please review the Agreement periodically on the Software website provided to you for additional terms and changes. Intuit has the right to change or add to the terms of this Agreement, and to change, delete, discontinue, or impose conditions on any feature or aspect of the Software, including but not limited to, terms, Internet based services, pricing, technical support options, and other product-related policies, at any time upon notice by any means Intuit determines in its discretion to be reasonable, including posting information concerning such change on any Intuit sponsored website. Your continued use of the Software after Intuit's publication of any such changes shall constitute your acceptance of this Agreement as modified.
10. Termination. Your license to install, access and use the Software terminates if you violate this Agreement. Any termination of this Agreement shall not affect Intuit's rights hereunder. Intuit shall have the right to change or add to the terms of its Agreements at any time provided that it is not Intuit's intent that such change substantially affect the license rights granted to you in this Agreement and for which consideration was paid by you), and to change, delete, discontinue, or impose conditions on any feature or aspect of the Software, Tax Advice or Services (including internet based services, pricing, technical support options, and other product-related policies) upon notice by any means Intuit determines in its discretion to be reasonable, including sending you an email notification or posting information concerning any such change, addition, deletion, discontinuance or conditions in the Software or on any Intuit sponsored web site, including but not limited to the web site listed above.
11. U.S. Government. The Software is a "commercial item," as that term is defined at 48 C.F.R. 2.101 (OCT 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (SEPT 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227-7202-1 through 227-7202-4 (JUNE 1995), all U.S. Government End Users acquire the Software with only those rights set forth herein.
12. Export Restrictions. You acknowledge that the Software is subject to the U.S. export controls regulations administered by the U.S. Dept. of Commerce (15 CFR, Chapter VII) and that you will comply with all applicable laws and regulations. You will not export or re-export the Software, or portion thereof, directly or indirectly, in violation the U.S. export administration laws and regulations to any country or end user; or to any end user who you know or have reason to know will utilize them in the design, development or production of nuclear, chemical or biological weapons. You further acknowledge that this Software may include technical data subject to such U.S. export regulations.
13. Miscellaneous. This Agreement (and any additional terms and conditions with which Intuit supplements this Agreement) is a complete statement of the agreement between you and Intuit, and sets forth the entire liability of Intuit and its Suppliers and your exclusive remedy with respect to the Software, Tax Advice and Services and their use. It governs your use of any ItsDeductible software accessible through certain versions of the Software, and supersedes any in-product end user licenses in such software. The Suppliers, agents, employees, distributors, and dealers of Intuit are not authorized to make modifications to this Agreement, or to make any additional representations, commitments, or warranties binding on Intuit. Any waiver of the terms herein by Intuit must be in a writing signed by an authorized officer of Intuit and expressly referencing the applicable provisions of this Agreement. 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. If any provision of this Agreement is invalid or unenforceable under applicable law, then it shall be, to that extent, deemed omitted and the remaining provisions will continue in full force and effect. This Agreement may not be assigned by you without the prior written approval of Intuit, but may be assigned without your consent by Intuit at any time. Any assignment in violation of this Section will be void. This Agreement will be governed by California law, without regard to its conflicts of law principles, and applicable federal law. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. The parties hereby consent to the exclusive jurisdiction and venue in the state courts in Santa Clara County, California or federal court for the Northern District of California. Headings are included for convenience only, and shall not be considered in interpreting this Agreement. As used in this Agreement, the word "including" means "including but not limited to." This Agreement does not limit any rights that Intuit may have under trade secret, copyright, patent or other laws. A copy of this Agreement is accessible from the "Help" section in the Software.
14. Questions. 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.
Date: December, 2010