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  3. Mac Software End User License Agreement

INTUIT SOFTWARE END USER LICENSE AGREEMENT
TURBOTAX SOFTWARE FOR MAC —TAX YEAR 2015

Thank you for selecting the Software offered by Intuit Inc. and/or its subsidiaries and affiliates (referred t o as "Intuit," "we," "our," or "us"). Review these license terms ("Agreement") thoroughly. This Agreement is a legal agreement between you and Intuit. By accepting el electronically (for example clicking "I Agree" 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.

  1. GENERAL TERMS

    1. AGREEMENT

      1. This Agreement describes the terms governing your use of the Intuit Software including content, updates and new releases (collectively, the "Software"). It includes by reference:
    2. LICENSE GRANT AND RESTRICTIONS

      1. The Software is protected by copyright, trade secret, and other intellectual property laws. You are only granted certain limited rights to install and use the Software, and Intuit reserves all other rights in the Software not granted to you in writing herein. As long as you meet any applicable payment obligations and comply with this Agreement, Intuit grants you a personal, limited, nonexclusive, nontransferable, revocable license to use the Software only for the period of use provided in the ordering and activation terms, as set forth in this Agreement, or in accordance with Intuit’s then-current product discontinuation policies, as updated from time to time, and only for the purposes described by Intuit for the Software.
      2. 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. You agree you will not:
    3. PAYMENT.

      For Software licensed on a payment or subscription basis, the following terms apply, unless Intuit notifies you otherwise in writing. This Agreement also incorporates by reference and includes program ordering and payment terms provided to you for the Software:

      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 Software.
      2. You must pay with one of the following:
        1. A valid credit card acceptable to Intuit;
        2. A valid debit card acceptable to Intuit;
        3. Sufficient funds in a checking or savings account to cover an electronic debit of the payment due; or
        4. By another payment option Intuit provides to you in writing.
      3. If your payment and registration information is not accurate, current and complete, and you do not notify us promptly when such information changes, we may suspend or terminate your account, terminate your license and refuse any further use of the Software.
      4. If you do not notify us of updates to your payment method (e.g., credit card expiration date), to avoid interruption of your service, we may participate in programs supported by your card provider (e.g., updater services, recurring billing programs, etc.) to try to update your payment information, and you authorize us to continue billing your account with the updated information that we obtain.
      5. Intuit will automatically renew your monthly, quarterly, or annual subscription at the then-current rates, unless the Software is cancelled or terminated under this Agreement.
      6. 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 Intuit’s Privacy Statement provided with the Software and on the website for the Software. You agree to the applicable Intuit Privacy Statement, and any changes published by Intuit. You agree that Intuit may use and maintain your data according to the Intuit Privacy Statement, as part of the Software. You give Intuit permission to combine information you enter or upload for the Software with that of other users of the Software and/or other Intuit services. For example, this means that Intuit may use your and other users’ non-identifiable, aggregated data to improve the Software or to design promotions and provide ways for you to compare business practices with other users. Intuit is a global company and may access or store personal information in multiple countries, including countries outside of your own country to the extent permitted by applicable law.

    5. CONTENT

      1. You are responsible for your content.

        You are responsible for all materials ("Content") uploaded, posted or stored through your use of the Software. You grant Intuit a worldwide, royalty-free, non-exclusive license to host and use any Content provided through your use of the Software. Archive your Content frequently. You are responsible for lost or unrecoverable Content. You must provide all required and appropriate warnings, information and disclosures. Intuit 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, including but not limited to:

        1. 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 criminal or civil liability under any local, state, federal or foreign law;
        2. Content that would impersonate someone else or falsely represent your identity or qualifications, or that constitutes a breach of any individual’s privacy;
        3. Except as permitted by Intuit in writing, investment opportunities, solicitations, chain letters, pyramid schemes, other unsolicited commercial communication or engage in spamming or flooding;
        4. Virus, trojan horse, worm or other disruptive or harmful software or data; and
        5. Any information, software or Content which is not legally yours and without permission from the copyright owner or intellectual property rights owner.
      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. Intuit 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. Users may post hypertext links to content of third parties for which Intuit is not responsible.
      3. Intuit may freely use feedback you provide. You agree that Intuit may use your feedback, suggestions, or ideas in any way, including in future modifications of the Software, other products or services, advertising or marketing materials. You grant Intuit a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to Intuit in any way.
      4. Intuit may monitor your Content. Intuit may, but has no obligation to, monitor content on the Software. We may disclose any information necessary to satisfy our legal obligations, protect Intuit or its customers, or operate the Software properly. Intuit, in its sole discretion, may refuse to post, remove, or refuse to remove, any content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of this Agreement.
    6. ADDITIONAL TERMS

      1. Intuit does not give professional advice. Unless specifically included with the Software, Intuit 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.
      2. We may tell you about other Intuit services. You may be offered other services, products, or promotions by Intuit ("Intuit Services"). Additional terms and conditions and fees may apply. With some Intuit Services you may upload or enter data such as names, addresses and phone numbers, purchases, etc., to the Internet. You grant Intuit permission to use information about your business and experience to help us to provide the Intuit Services to you and to enhance the Software. You grant Intuit permission to combine your business data, if any, with that of others in a way that does not identify you or any individual personally. You also grant Intuit permission to share or publish summary results relating to research data and to distribute or license such data to third parties.
      3. Communications. Intuit may be required by law to send you communications about the Software or Third Party Products. You agree that Intuit may send these communications to you via email or by posting them on our websites.
      4. You will manage your passwords and accept updates. You are responsible for securely managing your password(s) for access to the Software and to contact Intuit 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

      1. YOUR USE OF THE SOFTWARE AND CONTENT IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS DESCRIBED IN THIS AGREEMENT, THE SOFTWARE IS PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INTUIT, ITS AFFILIATES, AND ITS THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY, "SUPPLIERS") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SOFTWARE IS FIT FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, DATA LOSS, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OR CONTENT IN OR LINKED TO THE SOFTWARE. INTUIT AND ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT THE SOFTWARE IS SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION. 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.
      2. INTUIT, 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 INTUIT, 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, INTUIT, ITS AFFILIATES AND SUPPLIERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING: (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; (B) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET INTUIT SYSTEMS REQUIREMENTS. THE ABOVE LIMITATIONS APPLY EVEN IF INTUIT AND ITS AFFILIATES AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF INTUIT, ITS AFFILIATES AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SOFTWARE AND ITS USE.

      You agree to indemnify and hold Intuit and its Affiliates and Suppliers harmless from any and all claims, liability and expenses, including reasonable attorneys' fees and costs, arising out of your use of the Software or breach of this Agreement (collectively referred to as "Claims"). Intuit reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by Intuit in the defense of any Claims.

    9. CHANGES.

      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 indicates your agreement to the changes.

    10. TERMINATION.

      Intuit may immediately, in its sole discretion, and without notice terminate the Software if you fail to comply with this Agreement or if you no longer agree to receive electronic communications. 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 Intuit’s rights to any payments due to it. Intuit may terminate a free account at any time. Sections 2.2, 5, 7 through 14 will survive and remain in effect even if the Agreement is terminated, cancelled or rescinded.

    11. EXPORT RESTRICTIONS.

      You acknowledge that the Software, and the underlying software may include U.S. technical data subject to restrictions under export control laws and regulations administered by the United States government. You agree that you will comply with these laws and regulations, and will not export or re-export the Software, or any part of the Software, in violation of these laws and regulations, directly or indirectly.

    12. GOVERNING LAW.

      California state law governs this Agreement without regard to its conflicts of laws provisions.

    13. DISPUTES.

      ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THE INTUIT SOFTWARE OR THIS AGREEMENT WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this provision; the arbitrator shall apply California law to all other matters. Notwithstanding anything to the contrary, any party to the arbitration may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction. WE EACH AGREE THAT ANY AND ALL DISPUTES MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. BY ENTERING INTO THIS AGREEMENT AND AGREEING TO ARBITRATION, YOU AGREE THAT YOU AND INTUIT ARE EACH WAIVING THE RIGHT TO FILE A LAWSUIT AND THE RIGHT TO A TRIAL BY JURY. IN ADDITION, YOU AGREE TO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR LITIGATE ON A CLASS-WIDE BASIS. YOU AGREE THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THESE RIGHTS.

      To begin an arbitration proceeding, send a letter requesting arbitration and describing your claim to Intuit Inc., in care of our registered agent Corporation Service Company, 2711 Centerville Road, Wilmington, DE 19808. Arbitration will be conducted by the American Arbitration Association (AAA) before a single AAA arbitrator under the AAA’s rules, which are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees and costs will be governed by the AAA's rules, but if you are unable to pay any of them, Intuit will pay them for you. In addition, Intuit will reimburse all such fees and costs for claims totaling less than $75,000 unless the arbitrator determines the claims are frivolous. Likewise, Intuit will not seek its attorneys’ fees or costs in arbitration unless the arbitrator determines your claims or defenses are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. The decision of the arbitrator shall be final and not appealable, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. This Section 13 shall survive expiration, termination or rescission of this Agreement.

    14. GENERAL.

      This Agreement, including Additional Terms below is the entire agreement between you and Intuit and replaces all prior understandings, communications and agreements, oral or written, regarding its subject matter. If any court of law, having the jurisdiction, rules that any part of this Agreement is invalid, that section will be removed without affecting the remainder of the Agreement. The remaining terms will be valid and enforceable. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. You cannot assign or transfer ownership of this Agreement to anyone without written approval of Intuit However, Intuit may assign or transfer it without your consent to (a) an affiliate, (b) a company through a sale of assets by Intuit or (c) a successor by merger. Any assignment in violation of this Section shall be void.

      October 2013

  2. SUPPLEMENTAL TERMS

    Your use of the Services provided by Intuit are subject to the General End User License Agreement terms above and the Additional Terms and Conditions below. These Additional Terms and Conditions shall prevail over any conflict or inconsistency with the General End User License Agreement terms above.

    TurboTax for Mac (hereinafter, "Services").

    USE LIMITATIONS. IMPORTANT NOTICE. IF YOU ARE USING THE TURBOTAX FOR MAC SERVICES, THE FOLLOWING TERMS APPLY TO YOU IN ADDITION TO THE GENERAL TERMS OF SERVICE ABOVE. Capitalized terms not otherwise defined below have the meanings provided in the General Terms of Service.

    1. LICENSE GRANT AND RESTRICTIONS

      1. License. You are hereby granted a limited, nonexclusive, nontransferable, revocable license to use the Services on one Mac computer, solely for the purpose of preparing and filing for a per-return fee—your 2015 federal and/or state personal income tax returns, where supported by the Services.
      2. Number of Returns. You may use the Services to prepare up to five (5) federal and/or state tax returns, and after the applicable payment is made, to file such returns electronically or by printing and mailing to the IRS and/or appropriate state agency.
      3. 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. FEES AND 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.

      All fees that apply to your use of the Services shall be made through Intuit’s third party provider. Additionally, you may also be required to pay fees and charges to others in connection with your use of the Services. For example, your Internet service provider may impose charges for use of your computer in connection with the use of the Services, including fees for data transmissions and/or other charges. It is your responsibility to understand and pay for all such charges.

    3. SERVICES

      1. Services. The term “Services” includes any Intuit tax preparation software or service made available through a third party or Intuit website, which may be subject to additional fees as described on the third party or Intuit website.
      2. Electronic Filing Services.
        1. 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. Additionally, Intuit will securely store your tax return in accordance with federal and/or state laws. 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 reasonableness and 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 informationIf you require a copy your tax return, you must contact the IRS.
        2. The Internal Revenue Service ("IRS") will begin accepting electronically filed returns on approximately January 15, 2016. 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.
      3. Paper Filing. If you choose not to file your return electronically, you can create a copy of your completed return (Internet connection required) from which you can print and mail.
      4. Import Services. The TurboTax for Mac Services includes a feature that allows you to import, where applicable, certain information from participating financial institutions and other third parties payroll processors, personal financial software, business financial software and charitable deduction information from ItsDeductible branded software or services. You are responsible for verifying the accuracy of the information that is imported. The Software may also include functionality designed to read data from images (for example, W-2s, other tax forms, or credit cards used for payment) photographed using a mobile device. This functionality is limited to those forms or items that the Software can read. If the form or other item you photograph and submit through the Software is not supported, you may need to manually enter your data. You may be offered the ability to import data from other sources in addition to those above. You may provide us with your authorization and information to allow us to obtain your data from third parties on your behalf to use for the Software or any third party service that you select. You represent that you have the necessary rights to grant us access to your accounts with third parties. Third parties are not affiliated with or endorsed or sponsored by us.
      5. Tax Advice. The Services includes a feature that connects you to an Intuit Tax Advice service to obtain answers to most tax questions. Additional fees may apply. 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. Service levels and availability will vary based on demand and capacity and are subject to change without notice. To ensure a good experience and appropriate levels of coverage for everyone using the service, the tax expert may terminate the communication at his/her sole discretion after 20 minutes, or if it is otherwise determined that you are misusing or unnecessarily extending the duration of the communication. The full terms and conditions governing the Intuit Tax Advice service will be available on the Tax Advice service web site, 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.
      6. TurboTax Upgrades. If you require additional features and functionality for your tax preparation services, you may be offered upgraded versions of TurboTax for Mac where you will be subject to different fees.
      7. TurboTax Forms. Certain IRS and/or state forms may not be available through the Services.
    4. ONLINE DATA TRANSFER (not applicable for Software and Trial versions that do not include access to the Online Data Transfer feature).

      You may have the option to transfer a copy of your tax return from the Software to Intuit’s online servers (the “Online Data Transfer”) in order for Intuit to provide you with access to your return across multiple, supported computing devices, if applicable, and in order for you to easily transfer your data between Intuit tax products from year to year. Separate fees may apply. In order for you to select the Online Data Transfer option, you must (i) have registered select, specified versions of the Software, and (ii) have Internet access. If you select the Online Data Transfer option, your data will be transferred via the Internet to Intuit’s servers (the “Transferred Files”). You grant Intuit permission to (i) host and maintain the Transferred Files and (ii) reformat and manipulate the Transferred Files as reasonably necessary for the data to function across multiple computing devices for the purpose of enabling you to start, continue, and complete your return or your return for the following tax year if you choose.

      Intuit shall have the right, in its sole discretion and with reasonable notice posted on the TurboTax website and/or sent to you at your email address provided in product registration data, to revise, update, or otherwise modify the Online Data Transfer feature and establish or change limits concerning use of the Online Data Transfer feature, temporarily or permanently. Intuit reserves the right to make any such changes effective immediately to maintain the security of the system or to comply with any laws or regulations, and to provide you with electronic or written notice within a reasonable period of time after such change. You may reject changes by discontinuing use of the Online Data Transfer feature to which such changes relate.

    5. USE WITH YOUR MAC.

      1. Use with your Mac. Access to the Services may not be available for all Mac versions or telecommunication providers. You will need to check the Services website to ensure your Mac is compatible with TurboTax for Mac.
      2. Apple Requirements. By downloading the Services from the Mac App Store, the following terms also apply to you:
        1. Acknowledgement: You acknowledge that this Agreement is between you and Intuit only, and not with Apple, and Intuit, not Apple, is solely responsible for the Services and the content thereof.
        2. Scope of License: The license granted to you for the Services is a limited, non-transferable license to use the Services on a Mac OS Product that you own or control and as permitted by the Usage Rules set forth in the Mac App Store Terms of Service.
        3. Maintenance and Support: Intuit and not Apple is solely responsible for providing any maintenance and support services with respect to the Services. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Services.
        4. Warranty: Intuit is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Services to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Services to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Services, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Intuit’s sole responsibility.
        5. Product Claims: Intuit, not Apple, is responsible for addressing any user or third party claims relating to the Services or the user’s possession and/or use of the Services, including, but not limited to: (i) product liability claims; (ii) any claim that the Services 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 Services or your possession and use of the Services infringes that third party’s intellectual property rights, Intuit, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
        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: Intuit Inc, 2632 Marine Way, Mountain View, CA 94043. Email: MACTurboTaxFeedback@intuit.com
        9. Third Party Terms of Agreement: You must comply with any applicable third party terms of agreement when using the Services, e.g., if you are using a VoIP application, then you must not be in violation of their wireless data service agreement when using the Services.
        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.
    6. HELP AND SUPPORT.

      Intuit may use a variety of methods (e.g., in-product, widgets, Internet, online community, e-mail, chat,video, 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. Use the Help button within TurboTax for Mac for the most up-to-date information relating to this support and any associated charges. Intuit is solely responsible for providing help and support, not Apple.

    7. GUARANTEES

      1. TurboTax Accurate Calculation Guarantee. Intuit diligently works to ensure the accuracy of the calculations on every form prepared using the Services. Please check to make sure that the information from your W-2 was correctly entered into the Service. You are responsible for making any corrections to the information entered from your W-2 form or other sources.
        1. If you are a paid user of TurboTax for Mac and you pay an IRS or state penalty and/or interest solely because of a calculation error on a form prepared for you using the Services, and not as a result of, among other things, your failure to enter all required information accurately, your failure to verify the accuracy of the information entered through the Service, 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 Services 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 to validate your claim. A "paid user" is a user from whom Intuit has received the payment necessary to permit such person to print or electronically file a tax return prepared using the Services and who complies with the terms and conditions of this Agreement. The Accurate Calculation Guarantee does not apply to tax forms completed in which the data is entered directly by you onto the form, rather than through the use of the in-product TurboTax interview guidance.
        2. ) 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 and within the applicable federal and/or state tax filing statute of limitation) by following the process for the TurboTax Accurate Calculation Guarantee listed at the TurboTax AnswerXchange website, or by mail at Intuit Consumer Group Tax Analyst, 2800 E Commerce Center Place, Tucson, AZ 85706, Tucson AZ 85726-8867. Intuit will then contact you promptly to resolve the issue. To validate the claim, Intuit may require your TurboTax tax data file (mandatory if you did not electronically file), a copy of the IRS/state notice, and any other documents to support the income, deduction or credit.
      2. Maximum Refund (or Tax Savings) Guarantee or Your Money Back.
        1. If you are a paid user of TurboTax for Mac and you receive a larger refund amount or must pay a smaller tax due amount using another tax preparation method other than TurboTax for Mac, then Intuit will refund to you the applicable tax return preparation fee paid by you for the federal and/or state TurboTax for Mac tax return. Claims must be submitted within sixty (60) days of the date you filed your tax return using TurboTax for Mac, but no later than December 15, 2016. This guarantee cannot be combined with the Satisfaction Guarantee below.
        2. If you received a larger refund amount or must pay a smaller tax due using another tax preparation method other than TurboTax for Mac, you must notify Intuit within sixty (60) days of the date you filed your tax return by submitting a claim with the following documents (1) Maximum Refund Guarantee Request Form, (2) copy of your TurboTax for Mac tax return receipt, (3) copy of your proof of payment for another tax preparation method (if applicable), and (4) copy of your TurboTax data file, (5) copy of the printed return from TurboTax and the other tax preparation method, and (6) letter stating your refund or tax due amount using TurboTaxfor Mac and your refund or tax due amount using another tax preparation method. Send it to Intuit Inc., Returns Department, PO Box 580926 Pleasant Prairie, WI 53158. 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 at the TurboTax support website.
      3. Satisfaction Guaranteed (or Guaranteed Easy). You may use the Service 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 for the Services.
      4. Audit Support Guarantee. If you received an audit letter based on your 2015 TurboTax return and are not satisfied with how we responded to your inquiry, we'll refund the applicable TurboTax federal 1040 and/or state purchase price you paid.

        If you are a registered user of TurboTax 2015 and you receive an audit letter from the IRS or State Department of Revenue relating to your 2015 TurboTax return, then Intuit will provide free year round audit guidance (what to expect and how to prepare) from a tax professional available year round, to help answer your audit questions until 12/2018. Audit Support Guarantee is applicable to Federal and State audit letters and/or notices. We will not be your representative or provide legal advice. If you are not satisfied with how we responded to your inquiry, then you are entitled to a refund of the applicable purchase price paid by you for the federal and/or state TurboTax 2015 product you purchased. Claims must be submitted within sixty (60) days of the date you received your audit guidance, but no later than June 15, 2019 (3 years). All other fees are excluded including, electronic filing fees, Audit Defense, Refund Processing Service and technical support fees. This Guarantee cannot be combined with any other Guarantee. Excludes TurboTax Business (forms 1065, 1120, 1120S, and 1041).

        To qualify, you must successfully e-file, print and mail your individual federal or state income tax return (with paid or qualifying free federal return) using TurboTax 2015. Claims must be submitted to Intuit within sixty (60) days of the date you received your audit guidance by submitting a claim with the following documents (1) Audit Support Guarantee Claim Request Summary, (2) copy of your TurboTax proof of payment, and (3) IRS or State audit letter. Send it to Intuit Inc., Returns Department, PO Box 580926, Pleasant Prairie, WI 53158. For the most current information available, go to https://ttlc.intuit.com/questions/1901504-what-is-the-turbotax-audit-support-guarantee. 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 2015 data file and/or other supporting information such as copies of your printed tax returns.

    8. THIRD PARTY SERVICES.

      To facilitate Third Party Services, Intuit may be required to obtain your explicit consent for disclosure and/or use of your information. By accepting these Third Party Services agreements and consents you authorize Intuit to use and disclose your information, including name and address, to the third party, for the purpose of making the Third Party Services you choose available to you. For some Third Party Services, we may submit an application on your behalf using your information to assist you in obtaining a benefit provided by a third party. You acknowledge that Intuit does not determine if you receive the benefit, and that you are solely responsible for meeting the third party’s requirements and complying with applicable laws and regulations. You may need to provide us with your account number, password, security questions and answers, and other necessary login information (“Login Details”). You hereby represent that you have the authority to provide the Login Details to Intuit and you expressly appoint Intuit as your, or the third party who owns the Login Details’, agent with limited power of attorney to access any Third Party Services on your behalf. You must provide true and accurate information. Third party’s terms and conditions are generally found on the third party’s website. However, the applicable terms and conditions for TRI's audit defense memberships are accessible on the TurboTax website. Your participation in Third Party Services indicates your acceptance of such terms and conditions for such Third Party Services. If you sign up for a Third Party Service that requires access to your information on an ongoing basis and you subsequently want us to stop making your information available to such third party, you should discontinue use of the Third Party Services. If you sign up for the Refund Processing Service which may enable you to deduct certain fees and any applicable tax from the proceeds of your tax refund, you authorize Intuit (and its third party processor) to debit these amounts (excluding the Refund Processing Service Fee) from the 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 or in the event that your tax refund is delayed. Note that the Refund Processing Service fee is payable to the bank whether or not your refund is large enough to cover your TurboTax fees. You should evaluate all Third Party Services based on your own assessment and review of their terms and conditions.

    9. TAX RETURN PASSWORD SECURITY.

      It is not required, but you may create a password and security question to protect your tax return. You are the only person authorized to use your password and for maintaining its confidentiality. You shall not permit or allow other persons to have access to or use your password. You are responsible for securing access to your tax return. Intuit will not have access to your password and cannot provide it if you lose or forget it. If you password protect your tax return, you must remember your password to electronically transfer your tax return information into next year's tax return.

    10. PRIVACY OF PERSONAL AND TAX RETURN INFORMATION.

      Intuit will not use your personal data for any purpose other than providing the Services to you or as required by law. We retain copies of your W-2, completed and filed tax returns as required by IRS and state regulations and in accordance with Intuit's Records and Information Management Policy. This information may also be used to perform analysis relating to your claims under our guarantees, or to provide you with a copy of your returns for your convenience.

      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 on the TurboTax website. To contact us with a question, visit our website or write to us at: Privacy Team, Intuit Inc., 2800 East Commerce Center Place, Tucson, AZ 85706.

      You may provide us with your telephone number as part of your customer record or registration or via other method. You understand and agree that the Services may require multiple sources of information about you to confirm your identity and help ensure the security of your personal use of TurboTax, often referred to as “multi-factor authentication” (“MFA”). Part of the MFA identity authentication and verification process may involve Intuit sending text message(s) containing security code(s) to your telephone number. You agree to receive these text message(s) from Intuit containing security code(s) as part of the MFA process. In addition, you agree that Intuit may send automated text messages and pre-recorded voice messages to the telephone number you provide for certain limited purposes, including: verifying your identity, providing you with important critical notices regarding your use of the Services, or fulfilling a request made by you through the Services.

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

    11. 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 6 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 7 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.

    12. MISCELLANEOUS.

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

      You can contact Intuit Inc. by mail at TurboTax, 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.

      1. Additional Third Party Software Licensing Terms.

        The Services may contain third party software components which are governed by and subject to commercial terms and licenses as provided below. You must comply with any such commercial terms and licenses with regard to these separate third party software components. Intuit makes no warranty concerning these third party software components.11.1.1. TurboTax for Mac may contain Xerces-C, Copyright © 1999-2009 The Apache Software Foundation. Licensed under the Apache License, Version 2.0 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at http://www.apache.org/licenses/LICENSE-2.0. Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License

        September 2014

    13. ADDITIONAL TERMS AND CONDITIONS FOR THE TURBOTAX EXEMPTION CHECK SERVICE.

      These Additional Terms and Conditions for the Exemption Check Service shall prevail over any conflict or inconsistency with the General Terms of Service above or any applicable TurboTax Terms of Service.

      SERVICE DESCRIPTION. Under the ACA, most individuals must have health insurance coverage or pay a tax penalty (also know as an "individual shared responsibility payment"). If you did not have qualifying health care coverage or insurance (or "minimal essential coverage"), you can use the Exemption Check Service to determine whether you preliminarily qualify for an exemption ("ACA Exemption") from the ACA tax penalty. Please note that the US Department of Health and Human Services, Center for Medicare and Medicaid Services ("CMS") solely determines whether or not you qualify for an ACA Exemption. Intuit is not responsible for any CMS determination that results in an increased tax liability for you.

      1. COMPLETING AND FILING A CMS "HARDSHIP EXEMPTION" APPLICATION.

        Under the ACA, you can claim certain ACA Exemptions directly on your tax return. However, other categories of exemptions, known as "Hardship Exemptions," require that you submit a Hardship Exemption Application to CMS. You may use thise Service to prepare the CMS Hardship Exemption application, however to qualify and be approved, you will need to print and submit the CMS Hardship Exemption Application directly to CMS. All CMS Hardship Exemption Applications prepared using thise Service must be submitted or mailed by you to: Health Insurance Marketplace – Exemption Processing; 465 Industrial Blvd.; London, KY 40741. You are solely responsible for ensuring that your CMS Hardship Exemption is properly mailed and submitted to CMS for their review and approval. Thise Service DOES NOT file, mail, or otherwise submit your CMS Hardship Application for you to CMS. If your CMS Hardship Exemption Application has been approved, you will be notified by CMS. If you have not been contacted by CMS regarding the status of your Hardship Exemption Application and whether your application has been approved by CMS, please contact CMS directly at 1-800-318-2596. For more information on hardship exemptions, see https://www.healthcare.gov/fees-exemptions/hardship-exemptions/.

      2. TURBOTAX ACCURATE CALCULATION GUARANTEE AND ACA.

        Intuit diligently works to ensure the accuracy of every form prepared using the Services. Please note that in order for the TurboTax Accurate Calculation Guarantee or any other TurboTax guarantee to apply to your use of the Exemption Check Service, you must: (1) be a registered user of TurboTax; (2) enter all required information accurately (willful or fraudulent omission or inclusion of information on your tax return and the CMS Exemption Application will void any maximum refund, calculation accuracy or other guarantees); (3) mail or otherwise submit your CMS Hardship Exemption Application to CMS; (4) provide any and all supporting documentation required by CMS in support of your Hardship Exemption Application; and (5) be able to substantiate your eligibility for the ACA Hardship Exemption to CMS’s satisfaction. Your failure to mail or submit appropriate documentation or the initial Hardship Exemption Application to CMS will void any guarantees. 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.

        November 2015