Thank you for selecting TurboTax tax preparation software. This license agreement ("Agreement") gives you certain rights and responsibilities depending on the software license you purchased or subscribed to as more fully described below (collectively the "Software"). This Agreement also includes provisions relating to Santa Barbara Bank & Trust ("SBBT") and certain other third parties. By clicking "ACCEPT", you indicate that you have read and understood and assent to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, you are not granted any rights whatsoever in the Software, and you will not be able to access or use the Software or Services.
1. License Grant and Restrictions.
Intuit Inc. ("Intuit", "us", "we", "our") grants you ("you", "your" or "user") means the person using the Software in any way, the following rights provided that you comply with all of the terms and conditions of this Agreement.
(i) TurboTax Online. You may use: TurboTax Online software solely to prepare a single valid federal and/or state tax return, and after proper registration and any applicable payment, to file electronically and/or print such federal and/or state tax return.
(ii) TurboTax Personal Pro Services. You may use: TurboTax Personal Pro Services for the preparation and filing of one federal 1040 and up to three state tax returns.
You are not licensed or permitted under this Agreement to do any of the following: (i) attempt to access any other Intuit systems, programs or data that are not made available for public use; (ii) prepare tax returns, schedules or worksheets on a professional or commercial basis (i.e., for a preparer's or other fee); (iii) copy, reproduce, republish, upload, post, transmit, resell or distribute in any way the material from the Software sites; (iv) work around any technical limitations in the Software, use any tool to enable features or functionalities that are otherwise disabled in the Software, or decompile, disassemble, or otherwise reverse engineer the Software except as otherwise permitted by applicable law, (v) use the Software for any commercial purpose (vi) perform or attempt to perform any actions that would interfere with the proper working of the Software or Services, prevent access to or the use of the Software or Services by Intuit's other licensees or customers, or impose an unreasonable or disproportionately large load on Intuit's infrastructure; or (vii) otherwise use the Software except as expressly allowed under this Section 1.
(iii) If you obtained a license for the free version of the TurboTax Online software, there may be additional fees and limitations on your use of the features and functionality, stated within the TurboTax Online software.
(iv) You must indemnify and defend Intuit against any claims or lawsuits, including attorneys' fees that arise from or result from the use of the Software on a professional or commercial basis.
In addition to the TurboTax software, the term "Software" includes any state version of TurboTax Online software, any other programs, tools, internet-based services, components and any "updates" (for example, Software maintenance, service information, help content, bug fixes, or maintenance releases etc.) of the Software that Intuit provides or makes available to you.
2. Reservation of Rights and Ownership.
The Software is licensed not sold, and Intuit reserves all rights not expressly granted to you in this Agreement. The Software is protected by copyright, trade secret and other intellectual property laws. Intuit and its licensors own the title, copyright, and other intellectual property rights in the Software. This Agreement does not grant you any rights to trademarks or service marks of Intuit.
3. Accuracy of Calculation Guarantee.
Intuit diligently works to ensure the accuracy of the calculations on every form prepared using TurboTax Online tax preparation software.
(i) If you are a registered user and you pay an IRS or state penalty and/or interest solely because of a calculation error on a form prepared for you using TurboTax Online, and not as a result of, among other things, your failure to enter all required information accurately and run all Final Review diagnostics, willful or fraudulent omission or inclusion of information on your tax return, misclassification of information on the tax return, or failure to file an amended return to avoid or reduce an applicable penalty/interest after Intuit announced updates or corrections to the TurboTax Online software in time for you to file an amended return, then Intuit will pay you in the amount of the IRS or state penalty and/or interest paid by you to the IRS or state. In this regard, you are responsible for keeping Intuit apprised promptly of any change in your email address, mailing address and/or phone number so that you can be notified of such updates or corrections. You are responsible for paying any additional tax liability you may owe and providing any other information Intuit reasonably requests. A "registered user" is a user from whom Intuit has received the information necessary to permit such person to print or electronically file a tax return prepared using the TurboTax Online software and who complies with the terms and conditions of this Agreement.
(ii) If you believe such a calculation error occurred, you must notify Intuit as soon as you learn of the mistake (and in no event later than 30 days after the penalty or interest is assessed) at http://support.turbotax.com/go/accuracy, or by mail at Intuit Inc. CTG Tax Analysts, P.O. Box 28864, Tucson, AZ 85726-8864. Intuit will then contact you promptly to resolve the issue. To resolve your matter, Intuit may require your TurboTax tax data file and other supporting information such as a copy of the IRS/state notice, evidence of payment of the specified penalty and/or interest, and a copy of your printed tax return or estimated quarterly taxes form.
4. Intuit Services and Third Party Services (together "Services")
A. Intuit Services.
Electronic Filing Services. (i) If you choose to file your return electronically, the tax return will be forwarded to Intuit's Electronic Filing Center, where it will be converted to and stored in a standardized format, and then transmitted to the applicable federal and/or state taxing authority. You are responsible for verifying the status of your return to confirm that it has been received and accepted by the applicable taxing authority and, if necessary, for filing it manually in the event that the taxing authority rejects your electronically filed return (e.g., taxpayer name and SSN don't match). You agree to review your tax return for indications of obvious errors before electronically filing or mailing it. Except to the extent required by applicable law, Intuit may, but has no obligation to store, maintain or provide to you any information you provide to Intuit.
(ii) The Internal Revenue Service ("IRS") will begin accepting electronically filed returns on January 9, 2008. If you complete a federal tax return prior to that date and want to file it electronically, you will need to sign back in to TurboTax Online anytime on or after January 9, 2008 to complete the electronic filing process. The IRS requires Intuit to notify it, in connection with the electronic filing of your tax return, of the Internet Protocol ("IP") address of the computer from which the return originated and whether the email address of the person electronically filing the return has been collected. By using this Service to prepare and submit your tax return, you consent to the disclosure to the IRS and any other tax or revenue authority of all information relating to your use of the Electronic Filing Services.
IRS Circular 230 Notice. Nothing in our communications with you (including, but not limited to, any emails, web site content, attachments, enclosures or other accompanying materials) relating to any federal tax transaction or matter are considered to be "covered opinions" as described in Circular 230.
Online Communities. (i) The Software may include a feature that allows you to exchange useful and helpful information with other users of TurboTax ("Live Community"). Internet access is required to use Live Community. Please respect and interact with other users as you would in any public arena when using the Live Community feature. Exercise your judgment in evaluating and acting on (or ignoring) other users' Live Community sessions. Remember, due to the anonymous nature of the Internet, other Live Community users may not be who they say they are, know what they say they know or be affiliated with whom they say they are affiliated. You agree that Intuit does not endorse and is not responsible for the accuracy of the content in Live Community, and will not be liable for any damages incurred as a result of the submission or use of any such content. Live Community users may post hypertext links to content hosted and maintained by third parties. Intuit has no obligation to monitor these linked sites, and is not responsible for them. Your access to any linked sites is at your own risk, so use good judgment before you click on any link or access any linked site. Do not reveal information that you do not want to make public, such as by posting your contact information or email address while using Live Community. Intuit reserves the right to monitor the Live Community content and designate Intuit employees to act as monitors. Additionally, Intuit reserves the right to edit, remove or refuse to remove Live Community content in its sole discretion.
(ii) Conduct. You agree not to upload, post or otherwise transmit any content (including but not limited to text, links, communications, software, images, sounds, data or other information) that contains:
Inappropriate content such as: profanity, objectionable material of any kind, links to websites that contains information about illegal activity, information or software that contains a virus, Trojan horse, or other harmful or disruptive component.
Spam such as: commercial solicitations, chain letters, securities offerings, repetitive, pointless or irrelevant postings.
Attacks such as: "flaming" other participants in a manner that might incite or perpetuate a conflict or argument, creating usernames to attack other participants' identities, impersonating other individuals or falsely representing your identity or qualifications, postings that breach any users' privacy.
Import Services. The TurboTax Online software includes a feature that allows you to import certain tax-related information from participating payroll processors and financial institutions, and personal financial software such as Quicken? software. You are responsible for verifying the accuracy of the information that is imported.
Tax Advice. The TurboTax Online software includes a feature that connects you to the Tax Advice service to obtain answers to tax questions. Internet access is required to use this service. If you choose to use it, you understand and agree that neither Intuit nor the Intuit Tax Advice service advisor will sign your tax return as the paid preparer of the return. The full terms and conditions governing the Intuit Tax Advice service will be available on the Tax Advice service web site (accessible from www.turbotax.com/support), and by accessing and using the Tax Advice service, you agree to be bound by those terms and conditions, which supplement, and supersede where inconsistent, this Agreement.
Personal Pro Services.
1. Use of the Personal Pro Services. (a) After you create a user ID/password, you will be able to use the TurboTax Personal Pro Services software to provide information to Intuit for the preparation and filing of one federal 1040 and up to three state tax returns, including the ability to "chat" with an Intuit tax professional who can view the information you have submitted to Intuit and assist you by answering questions. After you have submitted to Intuit the information requested in the software, you must schedule a telephone meeting with Intuit's tax professional, who will call you at the appointed time. Telephone calls and chat sessions may be monitored for quality assurance purposes. After your telephone meeting with Intuit's tax professional, your tax returns will be completed for your initial review within approximately 24 to 48 hours, and you will receive an electronic mail confirmation that your tax returns are ready for your review and approval. At that time, you must pay for the Personal Pro Services and, then, review and approve the completed tax returns made available to you by Intuit, and furnish certain other required information, before Intuit will electronically file your tax returns. Intuit reserves the right to charge an additional fee, in an amount to be determined in its sole discretion, if you are not available for the telephone meeting with the tax professional at the scheduled time and you fail to cancel or reschedule such meeting.
(b) Intuit will use commercially reasonable efforts to complete and electronically file your tax return in a timely manner, including using its professional judgment to resolve issues relating to an interpretation of tax law where there is a conflict between the tax authorities' interpretation of the law and other supportable positions. You authorize Intuit, at its election, to check the box on your tax return that allows IRS or any tax agency to discuss your return with Intuit. You are responsible for completing and submitting to the appropriate taxing authority any applicable forms to request any necessary extensions in filing your tax return. Intuit is not providing to you, and the Services provided hereunder are not and shall not be deemed or construed to be, legal, financial or investment advice or recommendations. You should consult with your own legal, financial or investment advisors, as appropriate. Further, you agree that Intuit is not acting as your agent or fiduciary in connection with your use of the Services or any Third Party Services.
(c) Intuit's obligations in providing the Personal Pro Services are subject to your agreement to, and performance of, your obligations under this Agreement including the following: (i) Providing Intuit (by such methods as email, fax or standard mail) with true, correct and complete information regarding your income as listed on any forms W-2, 1099-R and/or other written summaries, as well as true, correct and complete information, records, documentation and amounts necessary to complete your tax returns accurately and completely, or as otherwise requested by Intuit; (ii) Not omitting any income or falsifying any expenses, and assuming full responsibility for amending your return if necessary if you remember or find additional information that will lead to a change in your return; (iii) Responding to Intuit communications and requests for information, and reviewing information provided or prepared by Intuit, promptly and reasonably in advance of any applicable tax filing deadlines, including reviewing your tax return for indications of obvious errors before approving it and, in the case of any error or inaccurate information, notifying Intuit; and, (iv) Retaining for four (4) years all the documents, logbooks, receipts, cancelled checks and other records supporting all amounts in your tax returns or otherwise required to substantiate the items of income and expense claimed on your tax returns, (you understand that taxing authorities may examine your returns, and penalties imposed on returns that are late, underpaid or incorrect).
2. Limitations of the Personal Pro Services. The below limitations apply to the Personal Pro Services. (a) The Personal Pro Services provided by Intuit are for your personal, non-commercial use only, and you agree to indemnify and defend Intuit against any claims or lawsuits, including attorneys' fees, that arise from or result from your use of the Personal Pro Services on a professional or commercial basis. (b) The completion of your tax returns may vary due to technical problems with Intuit's systems, or where you have not provided all the necessary information requested by Intuit. For any of these or other reasons, Intuit may not be able to complete your tax returns in a timely manner, or at all. (c) Intuit excludes certain tax situations from the Personal Pro Services including but not limited to: preparing taxes for more than 3 states, foreign income, and/or like kind exchanges. (d) Intuit reserves the right to refuse to provide the Personal Pro Services to you and, in such instances, will refund any fees for the Personal Pro Services paid by you to Intuit.
3. Personal Pro Services Guarantee. Intuit will pay you in the amount of the IRS or state penalty and/or interest paid by you to the IRS or state if Intuit prepares and signs your tax return and makes an error in preparing your return that results in your payment of a penalty and/or interest to the IRS or state, but only if the following conditions are met: (a) the penalty or interest is not (i) due to your failure to enter all required information accurately into the software, or provide all necessary information to Intuit, (ii) due to your willful or fraudulent omission or inclusion of information in the Software or that you provide to Intuit, (iii) due to misclassification of information entered by you in the Software or that you provide to Intuit, (iv) due to a claim for an improper or unsupportable deduction, a failure to report income, or any other reason outside the control of Intuit, (v) based upon incorrect advice you receive from Intuit that you knew was incorrect at the time your return was filed, or (b) you fail to take an action reasonably requested by Intuit, including filing an amended tax return if necessary, to limit any further penalties and interest from accruing. You are responsible for paying any additional tax liability you may owe and providing any other information Intuit requests.
The foregoing guarantee is also subject to your prompt notification of Intuit when you learn of a mistake (but in no event later than 14 days after the sooner of you learning of such mistake or your receipt of any notification of an error, audit or inquiry by IRS or a state tax agency) at personalpro@intuit.com (or other email address subsequently provided by Intuit) or by mail at Intuit Inc. TurboTax Personal Pro, 2800 E. Center Place, Q-15, Tucson, AZ 85706. Intuit will then contact you promptly to resolve the issue. To resolve your matter, Intuit may require other supporting information such as a copy of the IRS/state notice and evidence of payment of the specified penalty and/or interest.
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 Software and Intuit Services. TurboTax Personal Pro Help and Support sessions may be monitored for quality assurance purposes. The terms and conditions governing the offering of this support, which may require the payment of an additional fee, are subject to change as announced by Intuit from time to time. Consult the TurboTax Online Help and Support web site (currently, www.turbotax.com/support) for the most up-to-date information relating to this support and any associated charges. The Software is not accessible after October 15 of each applicable tax year and shall not be supported beyond that date.
Feedback. Intuit may provide you with a mechanism to provide feedback, suggestions and ideas, if you choose, about its online products and services ("Feedback"), including Live Community. You agree that you are free to provide your opinion or suggestion to us. You agree that Intuit may, in its sole discretion, use the Feedback you provide to Intuit in any way, including in future modifications of the Software, multimedia works and/or advertising and promotional materials relating thereto. You hereby grant Intuit a perpetual, worldwide, fully transferable, irrevocable, royalty free license to use, reproduce, modify, create derivative works from, distribute and display the Feedback in any manner for any purpose.
B. Third Party Services. In connection with the promotion or your use of the Software, you may be made aware of services, products, offers and promotions provided by third parties, and not by Intuit ("Third Party Services"). These Third Party Services may include refund processing, professional tax review, audit defense, and stock purchase cost basis information, among others. If you decide to use Third Party Services, you are responsible for reviewing and understanding the terms and conditions governing any Third Party Services. The applicable terms and conditions for TRI's audit defense memberships and professional review services are accessible at http://intuit-tt-ad001.taxaudit.com. 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. You agree that the third party, and not Intuit, is solely responsible for the performance of the Third Party Services.
C. Third Party Websites. The Software and Services may contain or reference links to websites operated by third parties ("Third Party Websites"). These links are provided as a convenience only. Such Third Party Websites are not under the control of Intuit. Intuit is not responsible for the content of any Third Party Website or any link contained in a Third Party Website. Intuit does not review, approve, monitor endorse, warrant, or make any representations with respect to Third Party Websites, and the inclusion of any link in the Software or Services is not and does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by Intuit or its Suppliers (defined below) of any information contained in any Third Party Website. In no event will Intuit or its Suppliers be responsible for the information contained in such Third Party Website or for your use of or inability to use such website. Access to any Third Party Website is at your own risk, and you acknowledge and understand that linked Third Party Websites may contain terms and privacy policies that are different from those of Intuit and its Suppliers. Neither Intuit nor its Suppliers are responsible for such provisions, and expressly disclaim any liability for them.
You are responsible for providing, at your expense, any access to the Internet and any required equipment. Further, Intuit may at any time change or discontinue any aspect, availability or feature of the Services.
5. User ID and Password Security.
You are the only person authorized to use your user ID and password and for maintaining the confidentiality of your user ID and password. You shall not permit or allow other persons to have access to or use your user ID and password, except if you choose to provide that information to Intuit's authorized technical support personnel to assist you. You are responsible for the use of the Software under your user ID. Intuit will not disclose your password if you lose or forget it. If you have not electronically filed or printed your tax return, you must create a user ID and password in order for you to access your tax return data at a later date. You must remember your user ID and password to electronically transfer your tax return information into next year's tax return.
You should confirm that the pricing for your use of the Software and/or 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.
6. Privacy of Personal and Tax Return Information.
At Intuit we place the highest importance on respecting and protecting the privacy of our customers. Our most important asset is our relationship with you. We want you to feel comfortable and confident when using our products and services and with entrusting your personal and tax return information to us. Our full TurboTax Privacy Statement can be found by visiting http://turbotax.intuit.com/corp/privacy.jsp. To contact us with a question, visit https://privacy.intuit.com/cpi/do/comments. Or write to us at: Privacy Team, Intuit Inc., 2800 East Commerce Center Place, Tucson, AZ 85706.
From time to time in certain versions the Software, you may be presented with information about Services or other opportunities that may interest you. You agree that each affirmative indication of further interest by you (including, clicking on a "continue," "yes," "show me more," or other such button in the Software), supplemented by the provisions of this Agreement, shall constitute your separate written consent for Intuit to use and display your tax return information in the Software to help you better understand that Service or opportunity. Each consent shall be limited to its stated purpose, and shall not apply to Intuit's use or disclosure of tax return information for another purpose.
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 access to your computer.
7. Maximum Refund Guarantee or Your Money Back.
If you are a registered user of TurboTax and you receive a larger refund amount or must pay a smaller tax due amount using another tax preparation method other than TurboTax, then Intuit will refund to you the applicable purchase price paid by you for the federal and/or state TurboTax product you purchased. Claims must be submitted within sixty (60) days of the date you filed your tax return using TurboTax, but no later than June 15, 2008. All other fees are excluded including, electronic filing fees, Audit Defense, Professional Review, Live Tax Advice, Refund Transfer and technical support fees. This guarantee cannot be combined with the Satisfaction Guarantee in paragraph number 8 below. TurboTax Free products are excluded.
If you received a larger refund amount or must pay a smaller tax due using another tax preparation method other than TurboTax, you must notify Intuit within sixty days of the date you filed your tax return by submitting a claim with the following documents (i) Maximum Refund Guarantee Request Form, (ii) proof of TurboTax purchase, (iii) copy of your proof of payment for another tax preparation method (if applicable), and (iv) letter stating your refund or tax due amount using TurboTax and your refund or tax due amount using another tax preparation method. Send it to Intuit Inc., Returns Department, 120 Hidden Lake Circle, Duncan, SC 29334. In order to validate your claim, and as a precondition of refund payment, Intuit may require your TurboTax data file and/or other supporting information such as copies of your printed tax returns.
8. Satisfaction Guaranteed.
(i) TurboTax Online. You may use the TurboTax Online software without charge up to the point you decide to print or electronically file your tax return. Printing or electronically filing your return reflects your satisfaction with software, at which time you will be required to pay or register for the product.
(ii) Personal Pro Services: If you are not satisfied with the Personal Pro Services, stop using it and contact Intuit at personalpro@intuit.com (or other contact points provided by Intuit from time to time) within 60 days of paying for the Personal Pro Services to request a full refund of the fees you paid to Intuit for using the Personal Pro Services. Your request for a refund terminates your rights to use the Services (including any audit defense services) and under any related warranties or guarantees.
9. DISCLAIMER OF WARRANTIES.
EXCEPT AS EXPRESSLY PROVIDED IN SECTIONS 3, 4. A.SUB PARAGRAPH ENTITLED PERSONAL PRO SERVICES GUARANTEE AND 7 AND 8 ABOVE, THE SOFTWARE AND SERVICES ARE PROVIDED "AS-IS" AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INTUIT, ITS AFFILIATES, LICENSORS, PARTICIPATING FINANCIAL INSTITUTIONS, THIRD-PARTY CONTENT OR SERVICE PROVIDERS, RETAILERS, DISTRIBUTORS, DEALERS AND SUPPLIERS (COLLECTIVELY, "SUPPLIERS") DISCLAIM ALL GUARANTEES AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SOFTWARE OR SERVICES, INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, QUALITY, TIMELINESS, AND NON-INFRINGEMENT. INTUIT DOES NOT WARRANT THAT SOFTWARE OR SERVICES ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, OR OTHER PROGRAM LIMITATIONS. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN THAT EVENT, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO 60 DAYS FROM THE DATE OF PURCHASE OF SOFTWARE OR SERVICES, AS APPLICABLE. HOWEVER, SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
All warranties or guarantees given or made by Intuit with respect to Software or the Intuit Services (1) are solely for the benefit of you as the registered user of the Software and are not transferable, and (2) shall be null and void if you breach any term or condition of this Agreement.
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 USING THE PERSONAL PRO SERVICES. FURTHER, INTUIT SHALL NOT BE RESPONSIBLE FOR ADDITIONAL TAXES, PENALTIES AND INTEREST THAT ARE ASSESSED AS THE RESULT OF INCORRECT, INCOMPLETE OR MISLEADING INFORMATION THAT YOU HAVE GIVEN TO INTUIT IN CONNECTION WITH ITS PREPARATION OF YOUR TAX RETURNS USING THE PERSONAL PRO SERVICES.
EXCEPT FOR THE REIMBURSEMENT FOR CALCULATION ERRORS DESCRIBED IN SECTION 3 AND 4 A. SUBPARAGRAPH ENTITLED PERSONAL PRO SERVICES GUARANTEE ABOVE, THE ENTIRE CUMULATIVE LIABILITY OF INTUIT AND ITS SUPPLIERS FOR ANY REASON ARISING FROM OR RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE SOFTWARE OR SERVICES, AS APPLICABLE, TO INTUIT OR ITS AUTHORIZED RESELLER.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INTUIT AND ITS SUPPLIERS ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR FOR DAMAGES RELATING TO LOSS OF BUSINESS, TELECOMMUNICATION FAILURES, LOSS, CORRUPTION, SECURITY OR THEFT OF DATA, VIRUSES, SPYWARE, 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, OR THE LIKE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY OR OTHERWISE, EVEN IF INTUIT OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL INTUIT BE LIABLE FOR ANY LOSS, COST, LIABILITY OR DAMAGE INCURRED AS A RESULT OF YOUR RECEIPT OF OR PARTICIPATION IN THIRD PARTY SERVICES OR THIRD PARTY WEBSITES. IN NO EVENT DOES INTUIT ASSUME ANY LIABILITY TO ANY PARTY OTHER THAN YOU ARISING OUT OF YOUR USE OR INABILITY TO USE THE SOFTWARE OR SERVICES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN INTUIT AND YOU. INTUIT WOULD NOT BE ABLE TO HAVE PROVIDED TURBOTAX ONLINE OR SERVICES WITHOUT SUCH LIMITATIONS.
11. Consent to Conduct Business Electronically ("Consent")
(a) Consent to Electronic Communications. Intuit may be required by law to send "Communications" to you that may pertain to the Software, the use of information you may submit to Intuit and the Services you choose. Additionally, certain of the Third Party Services you choose, for example refund processing or the purchase of gift cards through the TurboTax Refund Bonus Program, may require Communications with the third parties who administer these programs. You agree that Intuit, on behalf of itself and/or SBBT and others who administer such Services (as applicable), and SBBT for itself, may send Communications to you by email and/or may make Communications available to you by posting them at one or more of our sponsored websites, such as www.turbotax.com. You Consent to receive these Communications electronically.
The term "Communications" means any notice, record, agreement, or other type of information that is made available to you or received from you in connection with the Software, the Services, or your tax refund.
(b) Consenting to Do Business Electronically. The decision whether to do business electronically is yours, and you should consider whether you have the required hardware and software capabilities described below. Your consent to do business electronically, and our agreement to do so, applies to this Agreement, the Software and any applicable Services.
(c) Hardware and Software Requirements. In order to access and retain an electronic record of Communications, you will need: a computer, a monitor, a connection to an Internet service provider, an Internet browser software that supports 128-bit encryption, and an e-mail address. By selecting the "I accept and agree to the terms of the License Agreement" button, you are confirming to us that you have the means to access, and to print or download, Communications. We do not provide ISP services. You must have your own Internet service provider.
(d) Withdrawal of Consent. If you later decide that you do not want to receive future Communications electronically, write to us at TurboTax Customer Service, P.O. Box 28864, Tucson, AZ 85726. If you withdraw your consent to receive Communications electronically, we may terminate your use of Tax Advice and one or more of the Services.
(e) Changes to Your Email Address. You agree to notify us promptly of any change in your email address. You can do so by logging on to https://privacy.intuit.com/cpi/do/comments and following the instructions to submit a comment to Intuit (please include both your old and new email address).
(f) Printing. You may print this document by clicking on the "Print License Agreement" button.
12. Miscellaneous.
This Agreement (and any additional terms and conditions with which Intuit amends or supplements this Agreement), is a complete statement of the agreement between you and Intuit, and sets forth the entire liability of Intuit and its Suppliers and your exclusive remedy with respect to the Software and Services and their use. You agree that Intuit is not acting as your agent or fiduciary in connection with your use of the Software or any Services. The Suppliers, agents, employees, distributors, and dealers of Intuit are not authorized to make to make any additional representations, commitments, or warranties binding on Intuit. Any waiver of the terms herein by Intuit must be in a writing signed by an authorized officer of Intuit and expressly referencing the applicable provisions of this Agreement. Intuit shall be not be liable for any default or delay in the performance of its obligations under this Agreement to the extent its performance is delayed or prevented due to causes beyond its reasonable control, such as acts of God, natural disasters, terrorist acts, war or other hostilities, labor disputes, civil disturbances, the actions or omissions of third parties, electrical or communication system failures, or governmental action. If any provision of this Agreement is invalid or unenforceable under applicable law, then it shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. This Agreement will be governed by California law as applied to agreements entered into and to be performed entirely within California, without regard to its choice of law or conflicts of law principles that would require the application of law of a different jurisdiction, and applicable federal law. The parties hereby consent to the exclusive jurisdiction and venue in the state courts in San Diego County, California or federal court for the Southern District of California. Headings are included for convenience only, and shall not be considered in interpreting this Agreement. As used in this Agreement "including" means "including but not limited to." This Agreement does not limit any rights that Intuit may have under trade secret, copyright, patent or other laws.
13. Termination and Amendment.
(a) Termination. Your rights under this Agreement may be terminated by Intuit immediately and without notice if you fail to comply with any term or condition of this Agreement or no longer consent to electronic Communications. Upon such termination, you must immediately cease using the Software, Tax Advice and Services. Any termination of this Agreement shall not affect Intuit's rights hereunder.
(b) Amendment. Intuit shall have the right to change or add to the terms of its Agreement at any time, and to change, delete, discontinue, or impose conditions on any feature or aspect of Software, Tax Advice and Services (including internet based services, pricing, technical support options, and other product-related policies) upon notice by any means Intuit determines in its discretion to be reasonable, including posting information concerning any such change, addition, deletion, discontinuance or conditions in Software or on any Intuit sponsored web site, including www.turbotax.com. Any use of the Software by you after Intuit's publication of any such changes shall constitute your acceptance of this Agreement as modified.
14. U.S. Government Restricted Rights.
The Software is a "commercial item," as that term is defined at 48 C.F.R. 2.101 (OCT 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (SEPT 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227-7202-1 through 227-7202-4 (JUNE 1995), all U.S. Government End Users acquire the Software with only those rights set forth herein.
15. Questions.
You can contact Intuit, Inc. by mail at Consumer Tax Group, Intuit, Inc., 2800 E Commerce Center Place, Tucson, AZ 85706 or by calling 877-679-5047 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.
