Software License Agreement for Quicken Software and Services
Thank you for selecting Quicken software. This Software License Agreement (the "Agreement") gives you certain rights and responsibilities depending on the software product license you purchased as more fully described below ("Software"). Before using the Software, you must read and accept the terms and conditions contained in this Agreement. If you do not accept this Agreement, you will not be able to use the Software. If you are not completely satisfied with your purchase, promptly return the Software and accompanying items to the place of purchase within sixty (60) days of purchase with a dated receipt for a full refund. See Section 9. Satisfaction Guaranteed below for more details.
1. LICENSE GRANT AND RESTRICTIONS. Intuit Inc. ("Intuit", "us", "we", "our") grants you ("you" and "your" means an individual or single entity) the following rights provided that you comply with all of the terms and conditions of this Agreement.
(i) Single User License. You may install and use a copy of the Software on up to three (3) computers used by a single household. If you purchased a valid license for the Software and received an Authentic Intuit CDROM, such CDROM is your backup copy of the Software. If you purchased a valid license and received the Software pre-installed on a new computer or through an electronic download, you may make one backup copy of the Software, but only for the purpose of reinstalling the Software, if needed, on the computer(s) referenced in (a) above.
(ii) Multi User License. You may: (a) install the Software on the number of computers equal to the number of user licenses you purchased; (b) access and use the Software solely by the number of specific persons corresponding to the number of user licenses you purchased; (c) place a copy of your software data files on a network for access by licensed users; (d) install the Software on 1 additional computer above the number of the license(s) you purchased, solely to accompany your software data file, and not for use of the Software by another user; and (e) for each user license you purchased, make one copy of the printed materials accompanying the Software, if any, or print one copy of any online user documentation solely for use by licensed users.
(iii) Trial Versions. In connection with the foregoing license grant: (a) you may use a copy of the trial version only for the amount of time specified in the Software or in the materials accompanying the Software; and (b) according to the license grants above in Section 1 (i). BY YOUR USE OF THE TRIAL VERSION OF THE SOFTWARE YOU UNDERSTAND AND AGREE THAT AFTER THE APPROXIMATE AMOUNT OF TIME SPECIFIED IN THE SOFTWARE OR IN THE MATERIALS ACCOMPANYING THE SOFTWARE, YOU MAY NOT BE ABLE TO CONTINUE TO ACCESS AND/OR USE THE SUCH TRIAL SOFTWARE OR ANY DATA YOU HAVE ENTERED INTO SUCH SOFTWARE UNLESS YOU PURCHASE THE APPROPRIATE FULL VERSION OF SUCH SOFTWARE.
(iv) Not for Resale Versions. You may install and use a copy of the Not for Resale version on one (1) computer used by a single household. The Not for Resale CDROM is your backup copy of the Software.
You are not licensed or permitted under this Agreement to do any of the following: (a) modify, adapt, translate, rent or sublicense (including offering the Software to third parties on an applications service provider or time-sharing basis); (b) assign, loan, resell, transfer or distribute the Software, CDROM(s), or related materials or create derivative works based upon the Software or any part thereof; (c) network the Software; and (d) copy the Software in whole or part, except as expressly stated in (i), (ii), (iii), or (iv) above, or use trade secret information contained in the Software, to develop software to interface with the Software. You agree not to (and not to permit others to): (i) decompile, disassemble, or otherwise reverse engineer the Software, except as otherwise expressly permitted by applicable law; or (ii) remove, alter or obscure any confidentiality or proprietary rights notices (including copyright notices) of Intuit or its licensors on or within the Software or any copies of the Software. All license transfers are subject to written approval by Intuit and may be subject to a transfer fee determined by Intuit in its sole discretion.
In addition to the Quicken software, the term "Software" includes 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 after the date you obtained your initial copy of the Software. You are entitled to download updates to the Software that Intuit generally makes available to other users of the Software. Certain Software may be accompanied by, and will be subject to, additional terms.
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 worldwide intellectual property rights in the Software and all copies of the Software. This Agreement does not grant you any rights to trademarks or service marks of Intuit.
3. FINANCIAL INSTITUTION SERVICES.
3.1 General. In connection with Licensee's use of the Software and as part of the functionality of the Software, Licensee may have access to certain online services that may be made available by Licensee's financial institutions ("FI Services"), including online banking, online payment, online investment account download, online bill pay, and online trading. The Software is designed to allow Licensee to access FI Services (if and to the extent provided by Licensee's financial institutions) to set up banking information, schedule the Software to access Licensee's account(s), download transactions into the Software and otherwise aggregate information from Licensee's account(s) with Licensee's financial institutions. Licensee acknowledges and agrees that Intuit has no control over the provision of FI Services or provision of access to the FI Services by Licensee's financial institutions, does not guarantee that Licensee will be able to use the Software with the FI Services, and will have no liability whatsoever for any actions or inactions on the part of the financial institutions resulting in Licensee's inability to use the Software to access Licensee's accounts, obtain data, download transactions, or otherwise use or access the FI Services. If you lose or forget your user name or password, it will be necessary for you to return to the appropriate financial institution if you have any problems with respect to that user name or password.
3.2 Password Vault. Access to Account Information can be through the optional use of the Password Vault. The Password Vault allows you to store your FI Account Information for multiple financial institutions in one place with a vault password created by yourself to access your FI Account Information. The Password Vault provides cryptographic protection to your data, but factors such as a well-chosen password, physical security for your computer and proper safeguards when you use a network or the Internet are all important factors in the set of protections necessary to provide security for your data. Because most of these factors are beyond Intuit's control, you agree that Intuit is not liable for safeguarding your Password Vault data. By providing password information to us in this manner, you authorize us as required to access your Account Information from Institutions and present it to you in the Software.
3.3. Collection of Financial Institution Account Information. Licensee acknowledges that in accessing the FI Services through the Software, Licensee's financial institution account access number(s), password(s), security question(s) and answer(s), account number(s), login information, and any other security or access information, and the actual data in Licensee's account(s) with such financial institution(s) such as bank balances, credit card charges, debits and deposits (collectively, "FI Account Data"), are collected and stored in the Software. Licensee authorizes Intuit, in conjunction with Intuit's operation and hosting of the Software, to use certain FI Account Data to (i) collect Licensee's FI Account Data, (ii) reformat and manipulate such FI Account Data, (iii) create and provide hypertext links to Licensee's financial institutions, (iv) access the financial institutions' websites using Licensee's FI Account Data, (v) update and maintain Licensee's account information, (vi) address errors or service interruptions, (vii) enhance the type of data and services we can provide to you in the future, and (viii) take such other actions as are reasonably necessary to perform the actions described in (i) through (vii). Licensee hereby represents that Licensee is the legal owner of Licensee's FI Account Data and that Licensee has the authority to appoint, and hereby expressly does appoint, Intuit as Licensee's agent with limited power of attorney to access and retrieve Licensee's FI Account Data on Licensee's behalf. Licensee further acknowledges that Intuit does not review Licensee's FI Account Data for completeness or accuracy and agrees that Intuit is not responsible for its completeness or accuracy. Any transactions or informational activities performed at any financial institution's website are not made through the Software and Intuit assumes no responsibility for such transactions or activities. Licensee is solely responsible for any charges associated with Licensee's financial institutions.
3.4 Information from Financial Institutions' Websites. Licensee acknowledges and agrees that (i) some financial institutions may not allow the Software to access the FI Services, (ii) financial institutions may make changes to their websites, with or without notice to us, that may prevent or delay aggregation of information from such websites, and (iii) the Software "refreshes" the QuickBooks Account Data by collecting the FI Account Data nightly, so Licensee's most recent transactions may not be reflected in any account balances or other account information presented to Licensee in the Software. If Licensee sees a discrepancy in QuickBooks Account Data, and in any case before making any transactions or decisions based on such account information presented in the Software, Licensee should check the last refresh date for the account and confirm QuickBooks Account Data is correct by following the link back to the applicable financial institution or otherwise confirm that QuickBooks Account Data is up to date and accurate.
4. Third Party Services. In connection with the Licensee's use of the Software, Licensee may be made aware of services, products, offers and promotions provided by third parties, and not by Intuit ("Third Party Services"). If Licensee decides to use Third Party Services, Licensee is responsible for reviewing and understanding the terms and conditions governing any Third Party Services. You authorize Intuit to use and disclose your contact information, including name and address, for the purpose of making the Third Party Services you choose available to you. Licensee agrees that the third party, and not Intuit, is responsible for the performance of the Third Party Services.
5. Third Party Websites. The Software 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 of any information contained in any Third Party Website. In no event will Intuit be responsible for the information contained in such Third Party Website or for Licensee's use of or inability to use such website. Access to any Third Party Website is at Licensee's own risk, and Licensee acknowledges and understands that linked Third Party Websites may contain terms and privacy policies that are different from those of Intuit. Intuit is not responsible for such provisions, and expressly disclaims any liability for them.
6. ADDITIONAL TERMS.
A. Software Updates. If and when you connect to the Internet to update your data, Intuit may also include Intuit Software updates (i.e., software maintenance, service information, help content, etc.) in the transmission.
7. FEEDBACK. Intuit may provide you with a mechanism to provide feedback, suggestions and ideas, if you choose, about its online products and services ("Feedback"). You agree that Intuit may, in its sole discretion, use the Feedback you provide to Intuit in any way, including in future modifications of the Software, multimedia works and/or advertising and promotional materials relating thereto. You hereby grant Intuit a perpetual, worldwide, fully transferable, non-revocable, royalty free license to use, modify, create derivative works from, distribute and display any information you provide to Intuit in the Feedback.
IF YOU INTEND TO USE THE SOFTWARE, RELATED SERVICES AND CONTENT IN CONJUNCTION WITH THE MEDICAL OR HEALTH INFORMATION OF PARTICULAR INDIVIDUALS, YOU ACKNOWLEDGE AND AGREE THAT THE SOFTWARE, RELATED SERVICES AND CONTENT ARE NOT "HIPAA-READY" OR "HIPAA-COMPLIANT" AND WILL NOT ASSIST WITH OR ENSURE COMPLIANCE WITH HIPAA, AND THAT YOU ARE SOLELY RESPONSIBLE FOR USING THE SOFTWARE, RELATED SERVICES AND CONTENT IN A MANNER CONSISTENT WITH ALL APPLICABLE FEDERAL AND STATE PRIVACY LAWS RELATING TO MEDICAL OR HEALTH INFORMATION.
9. SATISFACTION GUARANTEED. If you are not satisfied with the Software and (a) You purchased the Software from a retail store, you may uninstall and delete all copies of the Software from your computer(s) and return it within 60 days of purchase to the store where you purchased your license with a dated receipt for a full refund. If the store is unable or unwilling to issue a refund or you obtained the Software directly from Intuit, you may uninstall and delete all copies of the Software and return the Software with a dated receipt or packing slip within 60 days of purchase via U.S. mail to Intuit Inc., Returns Department, PO Box 190004, Greenville, SC 29390-9004 or via UPS to Intuit Inc., Returns Department, 110 Hidden Lake Circle, Duncan, SC 29334. (b) You obtained the Software directly from Intuit via an Internet download, you may submit a written request to Intuit including your name, contact and product order information to Intuit Inc., Returns Department, PO Box 19004, Greenville, SC 29390-9004. (c) The Software was pre-installed on your computer when you bought it, or if CDROMs came packaged with your computer at no extra charge, follow the manufacturer's applicable return policy; or (d) You obtained the Software by downloading it on your computer, contact the provider of the download site.
10. DISCLAIMER OF WARRANTIES. EXCEPT AS EXPRESSLY PROVIDED IN SECTION 9 ABOVE BELOW, THE SOFTWARE, FINANCIAL INSTITUTION SERVICES, THIRD PARTY SERVICES, QUICKEN BILL PAY AND ANY CONTENT ACCESSIBLE THROUGH THE SOFTWARE, QUICKEN BILL PAY, FINANCIAL INSTITUTION SERVICES OR THIRD PARTY 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, DEALERS AND SUPPLIERS (COLLECTIVELY, "SUPPLIERS") DISCLAIM ALL GUARANTEES AND WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SOFTWARE, FINANCIAL INSTITUTION SERVICES, THIRD PARTY SERVICES, CONTENT, AND RELATED MATERIALS, INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, AND NON-INFRINGEMENT. INTUIT DOES NOT WARRANT THAT THE SOFTWARE, THIRD PARTY SERVICES OR FINANCIAL INSTITUTION SERVICES ARE SECURE OR FREE FROM BUGS, VIRUSES, INTERRUPTION, OR ERRORS, OR THAT THE SOFTWARE OR SERVICES WILL MEET YOUR REQUIREMENTS. FURTHER, INTUIT DOES NOT WARRANT ACCESS TO THE INTERNET OR TO ANY OTHER SERVICE OR CONTENT OR DATA THROUGH THE SOFTWARE OR CONTINUED ACCESS TO THE TRIAL VERSION OF THE SOFTWARE OR TO THE DATA ENTERED INTO THE TRIAL VERSION OF THE SOFTWARE AFTER THE TRIAL PERIOD OF TIME IS OVER. 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 OR DELIVERY OF THE SOFTWARE, 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.
THE SOFTWARE AND ANY RELATED SERVICES OR CONTENT ARE DESIGNED TO OPERATE AND PROVIDE INFORMATION WITH THE UNDERSTANDING THAT INTUIT AND ITS SUPPLIERS ARE NOT ENGAGED IN RENDERING LEGAL, ACCOUNTING OR OTHER PROFESSIONAL SERVICE. IF LEGAL ADVICE OR OTHER EXPERT ASSISTANCE IS REQUIRED, THE SERVICE OF A COMPETENT PROFESSIONAL SHOULD BE SOUGHT. INTUIT EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SOFTWARE WILL SATISFY ANY STATUTORY OR REGULATORY OBLIGATIONS, OR WILL ASSIST WITH, GUARANTEE OR OTHERWISE ENSURE COMPLIANCE WITH ANY APPLICABLE LAWS OR REGULATIONS, INCLUDING BUT NOT LIMITED TO THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 ("HIPAA"), THE GRAMM-LEACH-BLILEY ACT OF 1999, THE SARBANES-OXLEY ACT OF 2002, OR OTHER FEDERAL OR STATE STATUTES OR REGULATIONS. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THIS SOFTWARE, RELATED SERVICES OR CONTENT IS IN ACCORDANCE WITH APPLICABLE LAW. IT IS YOUR RESPONSIBILITY TO KEEP ABREAST OF CHANGES IN LAWS, REGULATIONS AND ACCOUNTING PRACTICES THAT AFFECT YOU AND YOUR BUSINESS.
11. LIMITATION OF LIABILITY AND DAMAGES. YOU AGREE THAT 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 QUICKEN BILL PAY. 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 AND, IF SUCH LIABILITY ARISES FROM OR RELATES TO A SUBSCRIPTION TO THE QUICKEN BILL PAY SERVICE, THEN SUCH LIABILITY SHALL BE LIMITED TO THE AMOUNT OF UP TO THREE (3) MONTHS OF ANY QUICKEN BILL PAY SERVICE FEES PAID BY YOU, UNLESS OTHERWISE SEPARATELY AGREED BY INTUIT IN WRITING. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INTUIT AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES RELATING TO LOSS OF BUSINESS, TELECOMMUNICATION FAILURES, THE LOSS, CORRUPTION OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF PROFITS OR INVESTMENT, TAX POSITIONS TAKEN BY YOU, USE OF THE SOFTWARE WITH HARDWARE OR OTHER SOFTWARE THAT DOES NOT MEET INTUIT'S SYSTEMS REQUIREMENTS OR THE LIKE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF INTUIT, ITS SUPPLIERS OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME STATES DO NOT ALLOW THE LIMITATION AND/OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. 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 THIS SOFTWARE OR SERVICES WITHOUT SUCH LIMITATIONS.
12. 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 may require Communications with the third parties who administer these programs. You agree that Intuit, on behalf of itself, and others who administer such services (as applicable), may send Communications to you by email and/or may make Communications available to you by posting them at one or more of our sponsored websites, such as www.quicken.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 and the Financial Institution Services and Third Party Services.
(b) Consenting to Do Business Electronically. The decision whether to do business electronically is yours, and you should consider whether you have the required hardware and software capabilities described below. Your consent to do business electronically and our agreement to do so covers all transactions you conduct through the Software for as long as you remain a subscriber to the Software.
(c) Hardware and Software Requirements. In order to access and retain an electronic record of Communications, you will need: a computer, a monitor, a connection to an Internet service provider, Internet browser software that supports 128-bit encryption, and an e-mail address. By selecting the "I accept" 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 Privacy Team, Intuit Inc, 2800 East Commerce Center Place Tucson, AZ 85706. If you withdraw your consent to receive Communications electronically, we may terminate your use of the Software.
(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/signin 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 opening the help file (Help menu > Quicken help) and selecting the "Search Quicken Help" tab. Enter "software license agreement" and click the "Ask" button. Select (click) one of the topics found to open the agreement. Scroll to the bottom of the topic, and click the "Print this topic". Or you may go to the Quicken.com website.
13. LIMITATION ON TIME TO SUE. Unless otherwise required by law, an action or proceeding by you to enforce an obligation, duty, or right arising under this End User License or by law with respect to the Software or Third Party Services must be commenced within one year after the cause of action accrues.
14. U.S. GOVERNMENT. The Software is a "commercial item," as that term is defined at 48 C.F.R. 2.101 (OCT 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (SEPT 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (JUNE 1995), all U.S. Government End Users acquire the Intuit Software with only those rights set forth herein. Intuit Inc., P.O. Box 7850, Mountain View, CA 94039-7850.
15. EXPORT RESTRICTIONS. You acknowledge that this software is subject to the U.S. Export Administration Regulations (15 CFR, Chapter VII) and that you will comply with these regulations. You will not export or re-export this product, directly or indirectly, to: (1) any countries that are subject to US export restrictions; (2) any end user who has been prohibited from participating in US export transactions by any federal agency of the US government; or (3) any end user who you know or have reason to know will utilize them in the design, development or production of nuclear, chemical or biological weapons. You further acknowledge that this product may include technical data subject to export and re-export restrictions imposed by US law.
16. MISCELLANEOUS. Except as expressly set forth in this Agreement, 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, Financial Institution Services, and Third Party Services and their use. The Suppliers, agents, employees, distributors, and dealers of Intuit are not authorized to make modifications to this Agreement, or to make any additional representations, commitments, or warranties binding on Intuit. Any waiver of the terms herein by Intuit must be in a writing signed by an authorized officer of Intuit and expressly referencing the applicable provisions of this Agreement. 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 United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. The parties hereby consent to the exclusive jurisdiction and venue in the state courts in Santa Clara County, California or federal court for the Northern District of California. Headings are included for convenience only, and shall not be considered in interpreting this Agreement. As used in this Agreement, the word "including" means "including but not limited to." This Agreement does not limit any rights that Intuit may have under trade secret, copyright, patent or other laws.
17. TERMINATION AND AMENDMENT. 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 receipt of electronic Communications. Upon such termination, you must immediately cease using the Software and any service, and delete or destroy all complete and partial copies of the Software, including all backup copies. Any termination of this Agreement shall not affect Intuit's rights hereunder. Intuit shall have the right to change or add to the terms of its Agreement at any time (provided that it is not Intuit's intent that such change substantially affect the license rights granted to you in Section 1 and for which consideration was paid by you), and to change, delete, discontinue, or impose conditions on any feature or aspect of the Software or services (including internet based services, pricing, technical support options, and other product-related policies) upon notice by any means Intuit determines in its discretion to be reasonable, including sending you an email notification or posting information concerning any such change, addition, deletion, discontinuance or conditions in the Software or on any Intuit sponsored web site, including www.quicken.com.
18. ADDITIONAL TERMS FOR QUICKEN BILL PAY ("Bill Pay")
"ACH Debit" means a charge to your checking account that we perform using the Automated Clearing House system.
"Biller" means a provider of a billing statement that you have requested to receive electronically through Bill Pay.
"Bill Pay" means the bill payment services described in this Agreement, available through Intuit Inc. and provided by Metavante Corporation ("we", "our", "us").
"Bill Pay Website" means www.quickenbillpay.com.
"Business Day" is every Monday through Friday, excluding Federal Reserve holidays.
"Direct Check" means a check that we draw against your checking account, payable to your Payee, and signed by us on your behalf.
"Due Date" is the date on which the payment is due, as reflected on your Payee statement. It is not the late date or grace period date.
"Payee" is the person or entity to which you wish a bill payment to be directed.
"Payment Instruction" is the information provided by you to Bill Pay for a bill payment to be made to the Payee (such as, but not limited to, Payee name, Payee account number, and Scheduled Payment Date).
"Payment Account" is the U.S. based account with check writing privileges that you designate as the account to which your bill payments should be charged.
"Processing Period" means the amount of time we require to process a particular payment for you. The Processing Period will be a period from two (2) to four (4) business days, from the scheduled payment date.
"Provider" means any third party we use to provide Bill Pay for you.
"Scheduled Payment Date" is the day you want your Payee to receive your bill payment and is also the day your Payment Account will be debited, unless the Scheduled Payment Date falls on a non-Business Day in which case it will be considered to be the previous Business Day.
"Scheduled Payment" is a payment that has been scheduled through Bill Pay but has not begun processing.
Scheduling Payments. You must select the Scheduled Payment Date for any payment, or specify a payment rule in the system that automatically selects this date for you. The system will inform you of the Processing Period required for the payment and will prevent you from selecting a Scheduled Payment Date if we will not have enough time to complete the Processing Period for that payment prior to that Scheduled Payment Date. To avoid additional interest and charges, you must select a Scheduled Payment Date that is no later than the actual Due Date reflected on your Payee statement unless the Due Date falls on a non-Business Day. If the actual Due Date falls on a non-Business Day, you must select a Scheduled Payment Date that is at least one (1) Business Day before the actual Due Date. If you select a Scheduled Payment Date that occurs after the Due Date, we are not responsible for any late charges that you may be charged by the Payee. We may set a maximum dollar amount for payment and/or refuse to permit any bill payment if we reasonably believe such refusal is necessary or advisable for security reasons.
We will make payments for you either electronically, or using a Direct Check drawn on your account.
Bill Pay Guarantee. Due to circumstances beyond the control of Bill Pay, particularly delays in handling and posting payments by Payees or financial institutions, some transactions may take longer to be credited to your account. Bill Pay will bear responsibility for any late payment related charges up to $50.00 should a payment post after its Due Date as long as the payment was scheduled in accordance with the guidelines described under "Scheduling Payments" above, and we have issued you a confirmation number for a payment, unless we are not responsible to you for one of the reasons listed below. We may require that you provide us with satisfactory written documentation of any late fees before making reimbursement to you.
We may set an expiration date for any payment check we issue from our own account. If we do this, we may stop payment of the check if the payee does not cash the check on or before the expiration date. We will then notify you and issue a credit to your Payment Account for the amount of the check.
We are not responsible for any failure to complete or delay in completing any payment due to any of the following: (i) Your Payment Account does not contain sufficient funds to complete the payment or the charge is rejected or returned by your bank or financial institution; (ii) Your Payment Account is closed; (iii) The payee rejects or returns the payment for any reason; (iv) Your equipment, software or any communications link is not working properly; (v) Bill Pay is down and you know or we have told you about the problem before you send the payment; (vi) You have provided us with incorrect information about the payee you wish to pay; (vii) The payee mishandles or delays handling or posting any payment we send; and (viii) Circumstances beyond our control (for example, fire, flood, interference from an outside source, postal delays) prevent or delay the transfer or payment from being completed.
Provided none of the foregoing exceptions are applicable, if we cause an incorrect amount of funds to be removed from your Payment Account, or if we cause funds from your Payment Account to be directed to a Payee which does not comply with your Payment Instructions, we shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper Payee any previously misdirected transactions, and, if applicable, for late payment related charges to the extent described above. THIS IS OUR ONLY OBLIGATION TO YOU FOR ANY PAYMENT DELAYS OR FAILURE. IN ADDITION, IF YOU DO NOT FOLLOW THESE RULES OR IF YOU DO NOT ALLOW US ENOUGH TIME TO COMPLETE A PAYMENT, YOU ALONE ARE RESPONSIBLE FOR ANY PENALTIES OR LATE CHARGES ON THAT PAYMENT.
If we duplicate a payment or process a payment for an amount higher than you requested, we will use our reasonable best efforts to recover the overpayment from the Payee. If we can recover an overpayment that was charged to your Payment Account, we will return the amount of the overpayment to you. However, in certain situations, we may have funded the overpayment from our own account. In that case, if the overpayment caused a credit to your account with the Payee and we are unable to recover the overpayment from the Payee, we will notify you of that fact and you will be responsible to make appropriate arrangements with the Payee to receive a refund of the credit or have it applied against future balances. You are responsible to reimburse us for any funds we have paid to a Payee on your behalf.
Restricted Payments. Tax payments and court ordered payments may be scheduled through Bill Pay, however such payments are discouraged and must be scheduled at your own risk. In no event shall Bill Pay be liable for any claims or damages resulting from your scheduling of these types of payments. The Bill Pay Guarantee as it applies to any late payment related changes is void when these types of payments are scheduled and/or processed by the Service. The Service has no obligation to research or resolve any claim resulting from an exception payment. All research and resolution for any misapplied, mis-posted or misdirected payments will be the sole responsibility of you and not of Bill Pay.
Authority to Charge Your Account. You authorize us to charge any of your deposit accounts in order to fund payments that you initiate using Bill Pay. Such charge may take the form of a Direct Check, an ACH Debit, or other form of electronic transfer, in our sole discretion. You will designate a Payment Account and you agree to maintain a balance in that account that is sufficient to fund all payments you initiate. You represent and warrant that you have the right to authorize us to charge the Payment Account for payments you initiate using the Service and you will indemnify and hold us harmless from any claims by any other owner of the account. You also agree that we are not responsible for any overdraft or insufficient fund situation or charge (including, but not limited to, finance charges, late fees or similar charges) caused by your failure to maintain a balance in the Payment Account that is sufficient to fund all payments you initiate. You further agree that we may charge a service fee for any returned payment, including, but not limited to, returns resulting from insufficient funds in your account, the fact that your account is closed, or because you provided incorrect account or routing information to us. You agree that if there are insufficient funds in your account, we may (but we are not obligated to) advance the funds to make payment to the Payee. You agree to pay us promptly on our request for any amounts that we have provided to fund any payment we make on your behalf. You agree to promptly notify us in writing of any changes to your Payment Account information and authorize us to debit such account.
Payment Cancellation Requests. You may cancel or edit any Scheduled Payment (including recurring payments) by following the directions within the Service. There is no charge for canceling or editing a Scheduled Payment. Once Bill Pay has begun processing a payment it cannot be cancelled or edited.
Stop Payments. You may be able to stop payment of any scheduled recurring payment by notifying the bank or other financial institution where your Payment Account is located orally or in writing at least three business days before the Scheduled Payment Date. However, we will continue to charge your Payment Account for that payment and for other recurring payments until the expiration date you set for the payments or the date you cancel the recurring payments through Bill Pay, whichever occurs sooner. If our ACH charge to your Payment Account is rejected or returned to us because you have instructed your bank or financial institution to stop the recurring payment, we will charge you the NSF Fee. Your bank or financial institution may require you to give written confirmation of the stop payment within 14 days of an oral notice. An oral notice may cease to be effective after 14 days.
Prohibited Payments. Payments to Payees outside of the United States or its territories are prohibited through the Service.
Payment Addresses. We reserve the right to change the address of a Payee to whom we send Paper Payments, without notification, in the following situations: (i) The information returned by our address cleansing process determines the format of the address does not comply with the USPS standards; (ii) We have determined that the address provided is not a valid address for the biller; (iii) The biller has closed the address, and provided us (via the USPS) with the new address; (iv) We have established a relationship with the biller to send payments to a different address than the one provided on the statement.
In all cases, we attempt to act in a way to expedite the proper posting of your payment.
Procedures If Your PIN Has Been Lost, Stolen, or Compromised or There Has Been Unauthorized Use of Your PIN. If you believe that your PIN has been lost or stolen, or that someone is using your PIN without your permission, notify us IMMEDIATELY in order to keep your possible losses down. The following is our contact information:
Telephone Number: 1-877-486-8844; E-mail Address: email@example.com; Mailing Address: P.O. Box 7236, Sioux Falls, SD 57117-7236.
If you notify us within four (4) Business Days after you learn of the loss or theft of your PIN, your maximum liability for unauthorized electronic funds transfers is $50.00. If you do NOT notify us within four (4) Business Days after you learn of the loss or theft of your PIN, and we can prove that we could have prevented someone else from using your account had you done so, your maximum liability for unauthorized electronic funds transfers is $500.00.
If your bank account statement shows payments through Bill Pay that you did not authorize, notify us IMMEDIATELY. If you do not notify us within ninety (90) days after the statement was mailed to you, you may not get back any of the electronic funds transfers from your account after the close of this ninety (90) day period and before you notify us if we can prove that we could have prevented the unauthorized electronic funds transfers had you told us in time. If a good reason (for example, a hospital stay or a long trip) prevented you from telling us sooner, we may, if we choose, extend this time.
An "unauthorized electronic funds transfer" is an electronic funds transfer conducted by a person who does not have actual, implied, or apparent authority to use your account, and which does not benefit you. If you give your PIN to another person, all electronic funds transfers by that person are authorized unless and until you notify us that payments by that person are no longer authorized.
In Case of Errors or Questions about a Payment. ALL QUESTIONS ABOUT PAYMENTS MADE THROUGH BILL PAY OR WITH YOUR PIN MUST BE DIRECTED TO US AND NOT TO THE BANK OR OTHER FINANCIAL INSTITUTION WHERE YOU HAVE YOUR PAYMENT ACCOUNT. We are responsible for Bill Pay and for resolving any errors in payments made through Bill Pay or with your PIN.
Your payment transactions will appear on the statement issued by the bank or other financial institution where you have your Payment Account. SAVE COPIES OF YOUR PAYMENT INSTRUCTIONS AND CHECK THEM AGAINST THE ACCOUNT STATEMENT YOU RECEIVE FROM YOUR BANK OR OTHER FINANCIAL INSTITUTION. If you have any questions about one of these transactions, call or write us at the telephone number indicated below.
Contact us as soon as possible at 1-877-486-8844 if you think that a payment shown on the statement for your Payment Account is in error or if you need more information about a payment shown on your statement.
Procedures for Investigating and Resolving Errors Involving Electronic Funds Transfers. If you think your statement is incorrect or you need more information about a Bill Pay transaction listed on the statement, we must hear from you no later than ninety (90) days after you received the FIRST statement reflecting a problem or error involving an electronic funds transfer. We will extend this period by a reasonable time if you can show that a delay resulted from your initial attempt to notify the bank or other financial institution where you have your Payment Account. To contact us about errors or questions or transactions:
Telephone us at 1-877-486-8844; Write us at: firstname.lastname@example.org; Customer Service.
When you write or call us, you must: (i) Tell us your name and the account number we issued to you at the time you enrolled for the Services; (ii) Describe the payment and/or transfer you are unsure about (Payee name, account information, transaction date, transaction amount) and explain as clearly as you can why you believe it is an error or you need more information. If possible, please provide us with a confirmation number for the transaction (confirmation numbers are displayed on the Payment Details page, which can be accessed from either the Outbox or Payment Activity pages on the website); (iii) Tell us the dollar amount of the suspected error.
If you tell us orally, or by electronic mail through Bill Pay, we may require that you send your complaint in writing within ten (10) Business Days.
We will determine whether an error occurred within ten (10) Business Days after we receive your complaint and will correct any service error promptly. If we need more time, we may take up to forty-five (45) days to investigate the complaint or question. If we decide to do this, we will recredit the affected account within ten (10) Business Days after we hear from you, for the amount that you think is in error in order that you may have use of the money during the time it takes us to complete our investigation. If we ask you to put your question or complaint in writing and we do not receive it within ten (10) Business Days, we may not recredit your account.
We will tell you the results within three (3) Business Days of completing our investigation. If we decide that there was no error, we will mail or transmit to you a written explanation within three (3) Business Days after we have completed our investigation, and within ten (10) Business Days of the date of such explanation, we will debit your account of the amount previously re-credited to you for use during the time it took us to complete our investigation. You may ask for copies of documents used during our investigation.
Fees and Additional Charges. Any applicable fees will be charged regardless of whether Bill Pay was used during the billing cycle. There may be a charge for additional transactions and other optional services. You agree to pay fees for Bill Pay as described at www.Quicken.com and in the Software. Fees for your use of Bill Pay will be calculated and deducted automatically from your Payment Account either by ACH Debit or by Direct Check on a monthly basis.
Failed or Returned Transactions. In using Bill Pay, you are requesting Bill Pay to make payments for you from your Payment Account. If we are unable to complete the transaction for any reason associated with your Payment Account (for example, there are insufficient funds in your Payment Account to cover the transaction), the transaction will not be completed. In some instances, you will receive a return notice from the Service. In such case, you agree that: (i) You will reimburse Bill Pay immediately upon demand the transaction amount that has been returned to Bill Pay; (ii) For any amount not reimbursed to Bill Pay within fifteen (15) days of the initial notification, a late charge equal to 1.5% monthly interest or the legal maximum, whichever rate is lower, for any unpaid amounts may be imposed; (iii) You will reimburse Bill Pay for any fees imposed on us as a result of the return; (iv) You will reimburse Bill Pay for any fees it incurs in attempting to collect the amount of the return from you; and (v) Bill Pay is authorized to report the facts concerning the return to any credit reporting agency.
Our Right to Refuse to Make Payments. We may refuse to make any payment that we believe to be prohibited by law. If you fail to maintain a balance in the Payment Account that is sufficient to fund any payment that you initiate, we may refuse to make any subsequent payment for as long as we determine to be necessary or appropriate. We also reserve the right and will promptly notify you of our decision to refuse to make any other Payment.
Changes to Your Information. You agree to promptly update all your profile information, including, but not limited to, name, physical address, e-mail address and checking account information. We are not responsible for any mail we forward to your old mailing or e-mail address prior to receiving updated information from you. All changes made are effective immediately for scheduled and future payments paid from the updated Payment Account information. The Service is not responsible for any payment processing errors or fees if you do not update your account information, or if you do not provide accurate Payment Account or contact information.
Returned Payments. In using Bill Pay you understand that Payees and/or the United States Postal Service may return payments to the Service for various reasons such as, but not limited to, Payee's forwarding address expired; Payee account number is not valid; Payee is unable to locate account; or Payee account is paid in full. Bill Pay will use its best efforts to research and correct the returned payment and return it to your Payee, or void the payment and credit your Payment Account. You may receive notification from Bill Pay.
Indemnity. You agree to defend, indemnify and hold us, our providers, and Intuit harmless from and against any third party claims, including any damages, costs, expenses and attorneys' fees arising out of your use of Bill Pay.
Joint Owners. You may establish your account to use Bill Pay with another party. An account having more than one owner is called a joint account. Each joint owner is bound by all the terms and conditions of this Agreement, and all references to "you" and "your" in the Agreement shall include all joint owners. Each joint owner agrees to be jointly and individually responsible for all charges and other obligations of any and all joint owners under this Agreement. Unless we are otherwise notified, in writing, by all owners of an account, each joint owner has full and independent authority to use Bill Pay as if they were the sole owner, and without the consent of or notice to any other joint owner. Such powers include, without limitation, the authority to: (a) view all billing data and pay bills or other obligations of any joint owner; (b) order the payment or transfer of funds from the Payment Account, whether or not such joint owner is an owner of the Payment Account; (c) receive notices, confirmations, statements, demands and other communications concerning Bill Pay for and on behalf of all owners; (d) terminate, modify or waive any provision of these Bill Pay terms to the extent permitted herein; (e) close the account at any time. Unless we are notified in writing by all owners of an account, we may: (a) honor the orders and follow the instruction of any one joint owner, without liability to any other joint owner(s), and without any obligation to give notice to other joint owners, or to inquire whether such other owners consent; (b) honor any payment order from a joint account owner even though it may create an overdraft in any account (and all joint owners are jointly and severally liable for repayment of overdrafts created by any joint owner); (c) honor stop payment requests (including orders that no further payments be permitted from the account) from any joint owner, whether the original payment order was authorized by that owner or another joint owner; and (d) treat any notice required or permitted to be given concerning the account as being given to all joint owners when such notice is given to any one joint owner.
Important Information about Procedures for Opening a New Account. Federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account to help fight funding of terrorism and money-laundering activities. When you open an account, we will ask for your name, address, date of birth, and other information that will allow us to identify you. We may also ask to see identifying documents if you complete your account application in person.
Relationship to Intuit. Although Bill Pay is made available through Intuit, Intuit does not receive, hold or transfer funds, and shall have no liability with respect to our provision of Bill Pay. Intuit is a third party beneficiary of Bill Pay.
19. THIRD PARTY NOTICES. The Software contains Adobe® Flash® Player software by Adobe Systems Incorporated, Copyright © 1995-2006 Adobe Macromedia Software LLC. All rights reserved. Adobe and Flash are trademarks of Adobe Systems Incorporated.