A. INTUIT GENERAL END USER LICENSE AGREEMENT. Thank you for selecting the Software offered by Intuit Consumer Group Inc. or its Affiliates (referred to as "Intuit," "we," "our," or "us").Please review these license terms ("Agreement") thoroughly. This Agreement is a legal agreement between you and Intuit. By clicking "I AGREE," indicating acceptance electronically, accessing or using the Software, you agree to these terms. If you do not agree to this Agreement, then do not indicate acceptance of the Agreement and do not use the Software.
1.1 This Agreement describes the terms governing your use of the Intuit Software including content, updates and new releases (collectively, the "Software") and gives you certain rights and responsibilities depending on the software license you selected, purchased or subscribed to, as more fully described herein. The Agreement includes by reference:
- Intuit's Privacy Statement available on the website or provided to you in writing for the Software you selected;
- Any terms provided separately to you for the Software, including for example, web or email product or program terms, ordering, activation, pricing and payment terms, where applicable.
1.2 An "Affiliate" means all Intuit companies and subsidiaries that directly or indirectly, control or are controlled by Intuit, or are under the common control with Intuit. As used in this Agreement, control means equity ownership of fifty percent (50%) or greater interest in the voting shares held by an entity.
2. LICENSE GRANT AND RESTRICTIONS
2.1 The Software is protected by copyright, trade secret,
and other intellectual property laws. You are only granted certain limited
rights to install and use the Software, and Intuit reserves all other rights in
the Software not granted to you in writing herein. As long as you meet any
applicable payment obligations and comply with this Agreement, Intuit grants
you a personal, limited, nonexclusive, nontransferable, revocable license to
use the Software only for the period of use provided in the ordering and
activation terms, as set forth in this Agreement, or in accordance with Intuit's
then-current product discontinuation policies, as updated from time to time,
and only for the purposes described by Intuit for the Software.
2.2 You acknowledge and agree that the Software is licensed, not sold. You agree not to use the Software in a manner that violates any applicable law, regulation or this Agreement. For example, unless authorized by Intuit in writing, you agree you will not:
- Provide access to or give the Software or any part of the Software to any third party;
- Reproduce, duplicate, copy, deconstruct, reverse-engineer, sell, trade or resell the Software;
- Transfer your license to the Software to any other party;
- Attempt unauthorized access to any other Intuit systems that are not part of the Software;
- Permit any third party to benefit from the use or functionality of the Software via a rental, lease, timesharing, service bureau, hosting service, or other arrangement; or
Upload, host, use or access the Software via a timesharing,
service bureau, virtualization, application hosting or other remote access
arrangement. If you violate any of
these terms, this Agreement and your license to use the Software may be
terminated by Intuit in its sole discretion.
3. YOUR PRIVACY AND PERSONAL INFORMATION. You can view Intuit's Privacy Statement on the Intuit website, or via a link on the website for the Software you have selected. You agree to be bound by the applicable Intuit Privacy Statement, subject to change in accordance with its terms. Most importantly, you agree:
- To Intuit maintaining your data according to the Intuit Privacy Statement, as part of the Software.
- To give Intuit permission to aggregate your non-personally identifiable data which you enter or upload with that of other users of the Software. By way of example, this means that Intuit may use that aggregated data to improve services, design promotions, or provide ways for you to compare business practices with other users.
- Intuit is a global company and may access or store personal information in multiple countries, including countries outside of the European Union that may be deemed to have inadequate protections by European Union Data Protection Authorities. When you agree to this Agreement, you agree to this practice.
4.1 You are responsible for your content. You are legally responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content") uploaded, posted or stored through your use of the Software. You grant Intuit a worldwide, royalty-free, non-exclusive license to host and use any Content provided through your use of the Software. You agree not to use the Software for any illegal purpose or in violation of any applicable local, state, federal or international law. You are encouraged to archive your Content regularly and frequently. You are responsible for any Content that may be lost or unrecoverable through your use of the Software. You agree that you will not use the Software to share, store, or in any way distribute financial data that is not in accordance with the law. Any users suspected of having information which involves fraud, embezzlement, money laundering, insider trading, support for terrorism, or any other activity proscribed by law may have their accounts terminated, their financial data erased, and they also may be reported to law enforcement officials in the appropriate jurisdictions. Intuit is not responsible for the Content or data you provide through your use of the Software.
You agree not to use the Software to upload, post, distribute, link to, publish, reproduce, engage in or transmit any of the following, including but not limited to:
- Illegal, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that would encourage or constitute an attack or "flaming" others, or criminal or civil liability under any local, state, federal or foreign law;
- Content or data that would impersonate someone else or falsely represent your identity or qualifications, or that constitutes a breach of any individual's privacy, including posting images about children or any third party without their consent (or a parent's consent in the case of a minor);
- Except as otherwise permitted by Intuit in writing, advertisements, solicitations, investment opportunities, chain letters, pyramid schemes, other unsolicited commercial communication or engage in spamming or flooding;
- Virus, trojan horse, worm or other disruptive or harmful software or data; and
- Any information, software or Content which is not legally yours and may be protected by copyright or other proprietary right, or derivative works, without permission from the copyright owner or intellectual property rights owner.
4.2 Community forums. The Software may include access to a community forum to exchange information with other users of the Software and the public. Please use respect when you interact with other users. Intuit does not support and is not responsible for the accuracy of others' content in these community forums. Do not reveal information in the community forum that you do not want to make public. Users may post hypertext links to content hosted and maintained by third parties for which Intuit is not responsible.
Intuit may, but has no obligation to, monitor Content
provided on the community forum. We may disclose any information necessary or
appropriate to satisfy our legal obligations, protect Intuit or its customers,
or operate the Software properly. Intuit, in its sole discretion, may refuse to
post, remove, or refuse to remove, any Content, in whole or in part, alleged to
be unacceptable, undesirable, inappropriate, or in violation of this Agreement.
4.3 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, sub licensable, irrevocable, fully paid-up, royalty free license to use the feedback you provide to Intuit in any way. Intuit will not sell, publish or share your feedback in a way that could identify you without your explicit permission.
5. ADDITIONAL TERMS YOU AGREE TO
5.1 Intuit does not give professional advice. Intuit is not in the business of providing legal, financial, accounting, health care, real estate or other professional services or advice. Consult the services of a competent professional when you need this type of assistance.
5.2 We may tell you about other Intuit services. You may be offered
other services, features, products, applications, online communities, or
promotions provided by Intuit ("Intuit Services"). If you decide to
use any of these Intuit Product or Services, additional terms and conditions
and separate fees may apply. You acknowledge that in accessing some Intuit
Services you may upload or enter data such as names, addresses and phone
numbers, purchases, and other data to the Internet. You grant Intuit permission
to use information you provide and about your experience so that we can provide
the Intuit Services to you, monitor and analyze your use of the services,
maintain and update your data, and address errors or service interruptions. We
may use this data to improve services, enhance future services, identify
potentially relevant offers, and produce anonymous research data. You grant
Intuit permission to combine the data you have entered or uploaded with that of
others in a way that does not identify you or any individual personally. You
also grant Intuit permission to share or publish summary results relating to
such research data and to distribute or license such data to third parties.
5.3 We may tell you about third party products or services.Subject to the Intuit Privacy Statement, Intuit may offer products and services on behalf of third parties who are not affiliated with Intuit ("Third Party Products") or the Software may contain links to third party websites ("Third Party Sites").You agree that Intuit can use your contact information, including name and address, for the purpose of offering these products to you in accordance with your stated Intuit contact preferences. If you decide to use any Third Party Products or access any Third Party Sites, you are responsible for reviewing the third party's separate product terms, website terms and privacy policies. You agree that the third parties, and not Intuit, are responsible for their product's performance and the content on their websites. Intuit is not affiliated with these Third Party Products or Third Party Sites and has no liability for them.
5.4 Communications choices. Intuit may be required by law to send you communications about the Software or Third Party Products. You agree that Intuit may send these communications to you via email or by posting them on one of our sponsored websites. We may also send business communications such as confirmations or notices, which will be delivered to you via email or posted on our websites. You are required to receive these communications. You can choose not to receive some types of communication, such as marketing messages.
5.5 You will track your passwords and accept updates. You are responsible for securely managing your password(s) for access to the Software. If you become aware of any unauthorized access to your Software account, theft or loss of your password, you agree to contact Intuit as soon as possible. The Software may periodically be updated with tools, utilities, improvements, third party applications, or general updates to improve and enhance the features and performance of the Software.
6. DISCLAIMER OF WARRANTIES
6.1 YOUR USE OF THE SOFTWARE AND CONTENT ACCESSIBLE THROUGH THE SOFTWARE IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS DESCRIBED IN THIS AGREEMENT, THE SOFTWARE IS PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INTUIT, ITS AFFILIATES, AND ITS THIRD PARTY SERVICE OR DATA PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY REFERRED TO AS, "SUPPLIERS") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SOFTWARE IS FIT FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, DATA LOSS, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OR CONTENT IN OR LINKED TO THE SOFTWARE. INTUIT AND ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT THE SOFTWARE IS SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION. FURTHER, INTUIT DOES NOT WARRANT ACCESS TO THE INTERNET OR TO ANY OTHER SERVICE, CONTENT OR DATA TRANSMITTED THROUGH THE SOFTWARE. IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO 60 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE SERVICES, WHICHEVER IS SOONER.
6.2 INTUIT AND ITS AFFILIATES AND SUPPLIERS DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SOFTWARE WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS. THIS DISCLAIMER APPLIES TO BUT IS NOT LIMITED TO THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 ("HIPAA"), THE GRAMM-LEACH-BLILEY ACT OF 1999, THE SARBANES-OXLEY ACT OF 2002, OR OTHER FEDERAL OR STATE STATUTES OR REGULATIONS. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE SOFTWARE IS IN ACCORDANCE WITH APPLICABLE LAW.
7. LIMITATION OF LIABILITY AND INDEMNITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF INTUIT, AND ITS AFFILIATES AND SUPPLIERS FOR ALL MATTERS OR CLAIMS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SOFTWARE DURING THE TWELVE (12) MONTHS PRIOR TO SUCH CLAIM. SUBJECT TO APPLICABLE LAW, INTUIT AND ITS AFFILIATES AND SUPPLIERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING: (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; (B) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET INTUIT SYSTEMS REQUIREMENTS. THE ABOVE LIMITATIONS APPLY EVEN IF INTUIT AND ITS AFFILIATES AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF INTUIT, ITS AFFILIATES AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SOFTWARE AND ITS USE.
You agree to indemnify and hold Intuit and its Affiliates and Suppliers harmless from any and all claims, liability and expenses, including reasonable attorneys' fees and costs, arising out of your use of the Software or breach of this Agreement (collectively referred to as "Claims"). Intuit reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by Intuit in the defense of any Claims.
8. CHANGES TO THIS AGREEMENT OR THE SOFTWARE. We may change this Agreement from time to time, and the changes will be effective when posted on our website for the Software or when we notify you by other means. Please review the Agreement periodically on the website for changes. We have the right to change any of the terms of this Agreement upon reasonable notice to you. We may also change or discontinue the Software, in whole or in part, including but not limited to, any feature or aspect of the Software, Internet based services, pricing, technical support options, and other product-related policies. Your continued use of the Software after Intuit posts or otherwise notifies you of any changes, indicates your agreement to the changes.
9. TERMINATION. Intuit may immediately and without notice terminate this Agreement or suspend or terminate the license to the Software if you fail to comply with these terms or if you no longer agree to receive electronic communications (see Section 5.4). Upon any termination you must immediately stop using and delete or destroy all copies of the Software and any outstanding payments will become due. Any termination of this Agreement shall not affect Intuit's rights to any payments due to it. Intuit may terminate a free account at any time. Other requirements regarding termination or cancellation of your license to the Software may apply based on the specific ordering or activation terms for the Software. Sections 1.2, 3, and 6 through 14 will survive and remain in effect even if the Agreement is terminated, cancelled or rescinded.
10. EXPORT RESTRICTIONS. You acknowledge that this website, the Software, and the underlying software may include U.S. technical data subject to restrictions under export control laws and regulations administered by the United States government. You agree that you will comply with these laws and regulations, and will not export or re-export the Software, or any part of the Software, in violation of these laws and regulations, directly or indirectly. You also agree not to provide access to any part of the Software to anyone who you have reason to know may use the Software in the development of nuclear, chemical, or biological weapons.
11. GOVERNING LAW. California state law governs this Agreement without regard to its conflicts of laws provisions.
12. 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 12 shall survive expiration, termination or recession of this Agreement.
13. LANGUAGE. Any translation of this Agreement is done for local requirements and in the event of a dispute between the English and any non-English version, the English version of this Agreement shall govern. The parties hereby confirm that they have requested that this Agreement and all related documents be drafted in English. Les parties ont exigé que le présent contrat et tous les documents connexes soient rédigés en anglais.
14. GENERAL. This Agreement is the entire agreement between you and Intuit and replaces all prior understandings, communications and agreements, oral or written, regarding its subject matter. This Agreement may be modified only by a written amendment signed by the parties or as provided in this Agreement in Section 8 above. If any court of law, having the jurisdiction, rules that any part of this Agreement is invalid, that section will be removed without affecting the remainder of the Agreement. The remaining terms will be valid and enforceable. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. You cannot assign or transfer ownership of this Agreement. However, Intuit may assign or transfer it without your consent to (a) an Affiliate, (b) another company through a sale of assets by Intuit or (c) a successor by merger.
B. 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.
1.1. 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 2012 federal and/or state personal income tax returns, where supported by the Services.
1.2 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.
1.3. 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.
3.1. 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.
3.2. Electronic Filing Services.
a. If you choose to file your return electronically, the tax return will be forwarded to Intuit's Electronic Filing Center, where it will be converted to and stored in a standardized format, and then transmitted to the applicable federal and/or state taxing authority. You are responsible for verifying the status of your return to confirm that it has been received and accepted by the applicable taxing authority and, if necessary, for filing it manually in the event that the taxing authority rejects your electronically filed return (e.g., taxpayer name and SSN don't match). You agree to review your tax return for 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 information. If you require a copy your tax return, you must contact the IRS.
b. The Internal Revenue Service ("IRS") will begin accepting electronically filed returns on approximately January 14, 2013. 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.
3.3. 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 file.
3.4 Import Services. The TurboTax for Mac Services includes a feature that allows you to import, where applicable, certain tax-related information from participating financial institutions (including those offering a TurboTax for Online Banking interface), payroll processors, personal financial software such as Quicken software, business financial software such as QuickBooks and charitable deduction information from ItsDeductible branded software or services. You are responsible for verifying the accuracy of the information that is imported.
3.5 Tax Advice. The Services includes a feature that connects you to an Intuit Tax Advice service to obtain answers to most 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. 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 (accessible from www.turbotax.com/support), and by accessing and using the Tax Advice service, you agree to be bound by those terms and conditions, which supplement, and supersede where inconsistent, this Agreement.
3.6 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.
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 your data files from the Software to Intuit's online servers (the "Online Data Transfer") in order to facilitate certain interoperability, data integration, and data access between the Software and certain supported ancillary services you may sign up for and use in connection with the Software (the "Ancillary Services"). Separate fees may apply. In order for you to select the Online Data Transfer option, you must (i) have registered select versions of the Software, (ii) have Internet access, and (iii) and may need to be an active subscriber to the Ancillary Services.If you select the Online Data Transfer option, a copy of all or part of your company, data files will be transferred via the Internet to Intuit's servers (the "Transferred Files"); where you grant Intuit the right and license to (i) host and maintain the Transferred Files and (ii) use the Transferred Files to make the Ancillary Services available to you, (iii) reformat and manipulate the Transferred Files as reasonably necessary for the data to function with the Ancillary Services. Your original data files will remain in the Software. If you are signed-up for any Ancillary Services that support Online Data Transfer, you will then have the option to have the Transferred Files sent to any of those supported Ancillary Services (a "Data Transfer"). If you are no longer signed-up for an Ancillary Service, you will no longer be able to process Data Transfers to that Ancillary Service.
If you authorize a Data Transfer for a third party Ancillary Service, you authorize Intuit to provide the Transferred Files to the third party provider of such Ancillary Service in order to provide the Ancillary Service to you. You agree and acknowledge that Intuit has no control over any third party Ancillary Services. Your use of the Ancillary Service may be subject to additional terms and conditions. Intuit does not have any liability whatsoever for any actions or inactions on the part of the Ancillary Services resulting in your inability to use the Online Data Transfer feature or otherwise use the Ancillary Services in connection with the Software.
4. USE WITH YOUR MAC.
4.1 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.
4.2 Apple Requirements. By downloading the Services from the Apple iTunes App Store, the following terms also apply to you:
A. 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.
B. 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 Apple iTunes App Store Terms of Service.
C. 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.
D. 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.
E. 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.
F. 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.
G. 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.
H. Developer Contact Info: Direct any questions, complaints or claims to: Intuit Inc, 2632 Marine Way, Mountain View, CA 94043. Email: MACTurboTaxFeedback@intuit.com
I. 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.
J. 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.
5. HELP AND SUPPORT.
Intuit may use a variety of methods (e.g., in-product, Internet, e-mail, chat, fax and phone) to provide technical support and customer service in connection with the Services. The terms and conditions governing the offering of this support, which may require the payment of an additional fee, are subject to change as announced by Intuit from time to time. 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.
(a) 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.
(i) 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.
(ii) If you believe such a calculation error occurred, you must notify Intuit as soon as you learn of the mistake (and in no event later than 30 days after the penalty or interest is assessed) at http://support.turbotax.com/go/accuracy, or by mail at Intuit Consumer Group Tax Analyst, 2800 E Commerce Center Place, Tucson, AZ 85706. Intuit will then contact you promptly to resolve the issue. To resolve your matter, Intuit requires your TurboTax for Mac tax data file and other supporting information such as a copy of the IRS/state notice, evidence of payment of the specified penalty and/or interest, and a copy of your printed tax return or estimated quarterly taxes form.
(b) Maximum Refund (or Tax Savings) Guarantee or Your Money Back.
(i) If you are a 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, 2013. This guarantee cannot be combined with the Satisfaction Guarantee below.
(ii) 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 TurboTax for Mac and your refund or tax due amount using another tax preparation method. Send it to Intuit Consumer Group Inc., Returns Department, 120 Hidden Lake Circle, Duncan, SC 29334.
(c) 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.
7. THIRD PARTY SERVICES.
To facilitate Third Party Services, Intuit may be required to obtain your explicit consent for disclosure and/or use of the information you have provided to Intuit. By accepting these agreements and consents you authorize Intuit to use and disclose your contact information, including name and address, for the purpose of making the Services you choose available to you. Your participation in such Third Party Services indicates your acceptance of such terms and conditions for such Third Party Services.
8. 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.
9. 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 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.
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.
10. 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.
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 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.
11.1 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