Intuit Terms of Service for TurboTax Live Full Service Tax Years 2016 and 2017

Thank you for selecting the Services offered by Intuit Canada ULC and/or its subsidiaries and affiliates (referred to as "Intuit," "we," "our," or "us"). Review these Terms of Service ("Agreement") thoroughly. This Agreement is a legal agreement between you and Intuit. By accepting electronically (for example, clicking "I Agree"), installing, accessing or using the Services, you agree to these terms. If you do not agree to this Agreement, then you may not use the Services.

A. GENERAL TERMS

1. AGREEMENT

This Agreement describes the terms governing your use of the Intuit online services provided to you on this website, including content, updates and new releases, (collectively, the "Services"). It includes by reference:

2. YOUR RIGHTS TO USE THE SERVICES

2.1 The Services are protected by copyright, trade secret, and other intellectual property laws. You are only granted the right to use the Services and only for the purposes described by Intuit. Intuit reserves all other rights in the Services. Until termination of this Agreement and as long as you meet any applicable payment obligations and comply with this Agreement, Intuit grants to you a personal, limited, nonexclusive, nontransferable right and license to use the Services.

2.2 You agree not to use, nor permit any third party to use, the Services or content in a manner that violates any applicable law, regulation or this Agreement. You agree you will not:

3. PAYMENT

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

  1. Payments will be billed to you in Canadian dollars, and your account will be debited when you subscribe and provide your payment information, unless stated otherwise in the program ordering or payment terms on the website for the Services.
  2. You must pay with one of the following:
    1. A valid credit card acceptable to Intuit;
    2. A valid debit card acceptable to Intuit;
    3. Sufficient funds in a checking or savings account to cover an electronic debit of the payment due;
      or
    4. By another payment option Intuit provides to you in writing.
  3. If your payment and registration information is not accurate, current, and complete and you do not notify us promptly when such information changes, we may suspend or terminate your account and refuse any use of the Services.
  4. If you do not notify us of updates to your payment method (e.g., credit card expiration date), to avoid interruption of your service, we may participate in programs supported by your card provider (e.g., updater services, recurring billing programs, etc.) to try to update your payment information, and you authorize us to continue billing your account with the updated information that we obtain.
  5. Intuit will automatically renew your monthly, quarterly, or annual subscription at the then-current rates, unless the Services are cancelled or terminated under this Agreement.
  6. Additional cancellation or renewal terms may be provided to you on the website for the Services.

4. USE WITH YOUR MOBILE DEVICE

Use of these Services may be available through a compatible mobile device, Internet access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider.

INTUIT MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO:

  1. THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION;
  2. ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND
  3. ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.

5. YOUR PERSONAL INFORMATION

You can view Intuit's Privacy Statement provided with the Services and on the website for the Services. You agree to the applicable Intuit Privacy Statement, and any changes published by Intuit. You agree that Intuit may use and maintain your data according to the Intuit Privacy Statement, as part of the Services.= You give Intuit permission to combine information you enter or upload for the Services with that of other users of the Services and/or other Intuit services. For example, this means that Intuit may use your and other users' non-identifiable, aggregated data to improve the Services or to design promotions and provide ways for you to compare business practices with other users.

Intuit is a global company and utilizes industry standard technology resources in multiple countries to maintain its high security standards. As such, some personal information, including information included in tax returns from Tax Year 2013 on, may be shared within Intuit and its subsidiaries and/or stored in countries outside of your country. If you were a TurboTax Canada customer before Tax Year 2013 and we still store your tax return(s), your tax return information for those previous years will continue to remain in Canada unless otherwise approved via your express consent. 'Tax return information' excludes non-personally identifiable information concerning your use of the Intuit tax products such as noting which screens you viewed.

6. Content

CONTENT6.1You are responsible for your content. You are responsible for all materials ("Content") uploaded, posted or stored through your use of the Services. You grant Intuit a worldwide, royalty-free, non-exclusive license to host and use any Content provided through your use of the Services. Archive your Content frequently. You are responsible for any lost or unrecoverable Content. You must provide all required and appropriate warnings, information and disclosures. Intuit is not responsible for the Content or data you submit through the Services.

You agree not to use, nor permit any third party to use, the Services to upload, post, distribute, link to, publish, reproduce, engage in or transmit any of the following, including but not limited to:

  1. Illegal, fraudulent, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that would encourage "flaming" others, or criminal or civil liability under any local, state, federal or foreign law;
  2. Content that would impersonate someone else or falsely represent your identity or qualifications, or that constitutes a breach of any individual's privacy;
  3. Except as permitted by Intuit in writing, investment opportunities, solicitations, chain letters, pyramid schemes, other unsolicited commercial communication or engage in spamming or flooding;
  4. Virus, trojan horse, worm or other disruptive or harmful software or data; and
  5. Any information, software or Content which is not legally yours and without permission from the copyright owner or intellectual property rights owner.

6.2 Community forums. The Services may include a community forum or other social features to exchange Content and information with other users of the Services and the public. Please use respect when you interact with other users. Intuit does not support and is not responsible for the content in these community forums. Do not reveal information that you do not want to make public. Users may post hypertext links to content of third parties for which Intuit is not responsible.

6.3 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 Services, other products or services, advertising or marketing materials. You grant Intuit a perpetual, worldwide, fully transferable, sub-licensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to Intuit in any way.

6.4 Intuit may monitor your Content.Intuit may, but has no obligation to, monitor content on the Services. We may disclose any information necessary to satisfy our legal obligations, protect Intuit or its customers, or operate the Services 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.

7. ADDITIONAL TERMS

7.1 Intuit does not give professional advice. Unless specifically included with the Services, Intuit is not in the business of providing legal, financial, accounting, tax, health care, real estate or other professional services or advice. Consult the services of a competent professional when you need this type of assistance.

7.2 We may tell you about other Intuit services. You may be offered other services, products, or promotions by Intuit ("Intuit Services"). Additional terms and conditions and fees may apply. With some Intuit Services you may upload or enter data from your account(s) such as names, addresses and phone numbers, purchases, etc., to the Internet. You grant Intuit permission to use information about your business and experience to help us to provide the Intuit Services to you and to enhance the Services. You grant Intuit permission to combine your business data, if any, with that of others in a way that does not identify you or any individual personally. You also grant Intuit permission to share or publish summary results relating to research data and to distribute or license such data to third parties.

7.3 Communications. Intuit may be required by law to send you communications about the Services or Third Party Products. You agree that Intuit may send these communications to you via email or by posting them on our websites

7.4 You will manage your passwords and accept updates. You are responsible for securely managing your password(s) for the Services and to contact Intuit if you become aware of any unauthorized access to your account. The Services may periodically be updated with tools, utilities, improvements, third party applications, or general updates to improve the Services. You agree to receive these updates.

8. DISCLAIMER OF WARRANTIES

8.1 YOUR USE OF THE SERVICES, SOFTWARE, AND CONTENT IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS DESCRIBED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INTUIT, ITS AFFILIATES, AND ITS THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY,"SUPPLIERS") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SERVICES ARE 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 SERVICES. INTUIT AND ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT THE SERVICES ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION. IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO 60 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE SERVICES, WHICHEVER IS SOONER. SOME PROVINCES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM PROVINCE TO PROVINCE.

8.2 INTUIT, ITS AFFILIATES AND SUPPLIERS DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS.

9. LIMITATION OF LIABILITY AND INDEMNITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF INTUIT, ITS AFFILIATES AND SUPPLIERS FOR ALL CLAIMS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO SUCH CLAIM. SUBJECT TO APPLICABLE LAW, INTUIT, ITS AFFILIATES AND SUPPLIERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING: (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; (B) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET INTUIT SYSTEMS REQUIREMENTS. THE ABOVE LIMITATIONS APPLY EVEN IF INTUIT AND ITS AFFILIATES AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF INTUIT, ITS AFFILIATES AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES 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 Services 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.

10. CHANGES. We reserve the right to change this Agreement at any time, and the changes will be effective when posted through the Services, on our website for the Services or when we notify you by other means. We may also change or discontinue the Services, in whole or in part. Your continued use of the Services indicates your agreement to the changes.

11. TERMINATION. Intuit may immediately, in its sole discretion and without notice terminate this Agreement or suspend the Services if you fail to comply with this Agreement or if you no longer agree to receive electronic communications. Upon termination you must immediately stop using the Services and any outstanding payments will become due. Any termination of this Agreement shall not affect Intuit's rights to any payments due to it. Intuit may terminate a free account at any time. Sections 2.2, 3 through 14 will survive and remain in effect even if the Agreement is terminated.

12. EXPORT RESTRICTIONS. You acknowledge that the Software is subject to restrictions and controls imposed by the Export and Import Permits Act (Canada) and regulations enacted under the Export and Import Permits Act as well as the U.S. export controls regulations administered by the U.S. Dept. of Commerce (15 CFR, Chapter VII) and that you will comply with all applicable laws and regulations. You will not export or re-export the Software, or portion thereof, directly or indirectly, in violation of the Canadian and U.S. export administration laws and regulations to any country or end user; or to any end user who you know or have reason to know will utilize them in the design, development or production of nuclear, chemical or biological weapons. You further acknowledge that this Software may include technical data subject to such Canada and U.S. export regulations.

13. GOVERNING LAW. The Province of Ontario and the federal laws of Canada govern this Agreement without regard to its conflicts of laws provisions. You agree to the exclusive jurisdiction of the Province of Ontario. Intuit does not represent that the Services are appropriate or available for use in all countries. You are accessing the Services on your own initiative and you are responsible for compliance with all applicable laws.

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

October 2016 (Canada)
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B. ADDITIONAL TERMS AND CONDITIONS FOR INTUIT TURBOTAX LIVE FULL SERVICE.

Your use of the Services provided by Intuit are subject to the General Terms of Service above including these Additional Terms and Conditions which govern your use of the Services indicated below. These Additional Terms and Conditions shall prevail over any conflict or inconsistency with the General Terms of Service above.

1. THE SERVICES

Tax Preparer Services. Through the Services, a Tax Return Preparer will, on a fee-per-return basis, assist you in preparing (i) a single personal tax return or (ii) personal tax returns for an individual and that individual's spouse (two (2) return fees apply). Some tax situations may not qualify or be eligible for the Services.

Communication through the Services. Intuit may use a variety of methods (e.g., SMS (text), Internet, fax, email, chat and phone) to communicate with you, in connection with the Services. You may be required to provide various contact information, mobile phone number, email address, etc. based on the means we communicate with you. Standard message rates from your provider may apply.

Supporting Tax Documentation. You will be required to upload or otherwise provide the Tax Return Preparer with access to all necessary supporting tax documentation (e.g., T4, T1013, T183, etc.) as indicated through the Services or requested by the Tax Return Preparer. Some documents may require your signature prior to be sent to us and/or to be provided in hardcopy form. If your Tax Return Preparer provides you with the option to mail your supporting documentation, you are responsible for maintaining copies of all such documentation. You agree that Intuit is not responsible for any items lost or destroyed during mailing. Additionally, you are encouraged to maintain a copy of your final tax return.

Restrictions on Use. You are not licensed or permitted under this Agreement to do any of the following: (i) attempt to access any of Intuit's 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, distribute, or re-distribute the material from the Intuit website; (iv) use the Services for a tax return in Quebec. The Services shall be provided in the English language only.

Payment for Services. If you become a paid user, you shall be charged the applicable fee before you may print or file electronically. Intuit may modify the applicable fees at any time without prior notice. Your payment to Intuit of all fees and any additional applicable charges and taxes, must be made by your valid credit card (or such other form of payment as may be acceptable to Intuit in its sole discretion) and, except as otherwise provided herein, all fees and charges are non-refundable.

Storage/Deletion of Your Tax Return File. You will be provided with a PDF copy of your return. Except to the extent required by applicable law, Intuit has no obligation to store or maintain any tax return files beyond the required period. However Intuit may be required by law or otherwise to retain certain documents, even if you choose not to complete your return through the Services. Notwithstanding any statement to the contrary, you can delete your tax return file at any time by notifying Intuit, after which it will no longer be available to you.

Availability of Services. Intuit is not responsible for the late filing of your tax return due to any discontinuation of, or interruption in, the Services, and you acknowledge that you should file your tax return as early as possible to meet any filing deadlines. You acknowledge that the sole means to ensure that you have an up-to-date record of your tax return file is for you to print and/or download your tax return file upon becoming a paid user and after making any modifications thereto. Intuit will not be responsible or liable for your failure to do so.

You and the Tax Return Preparer Are Responsible for the Accuracy of Your Tax Return. All tax advice relating to the preparation of your tax return and the work necessary to prepare that return will be provided by the Tax Return Preparer who will sign your return as the tax preparer and have responsibility for the overall substantive accuracy of the return. You are responsible for reviewing your return before it is filed to verify its overall completeness and accuracy.

2. SATISFACTION GUARANTEE.

If you are for any reason unsatisfied with the Services up to the time your tax return is filed, we will provide a full refund of the price you paid. Printing or electronically filing your return reflects your satisfaction with the Services, at which time you will be required to pay for the Services.

3. ADDITIONAL INTUIT SERVIDES AND THIRD PARTY SERVICES.

Electronic Filing Services. If you would like to file your tax return electronically, the Services may provide you with an opportunity for us to file electronically via with the Canada Revenue Agency ("CRA"). If you select this option, Intuit will send you a confirmation of the submission to the CRA after sending your tax return to the taxing authorities on your behalf. Intuit will store your tax file on our servers in accordance with our Privacy Policy and applicable law. Intuit does not guarantee that the CRA will accept your tax return.

Import Services. The Services may include a feature that allows you to import certain tax-related information from the Canada Revenue Agency, participating payroll processors and financial or other institutions. If the Import Services are available to you, and you choose to use them, you are responsible for verifying the accuracy of the information that is imported. Intuit bears no responsibility for this information. Should you take advantage of the Import Services, your relationship concerning the Import Services is with the information providers, and Intuit disclaims all liability that might arise from your use of the Import Services.

Help and Support. Intuit may use a variety of methods (e.g., in-product, Internet, fax, email, chat and phone) to provide technical support and customer service in connection with the Services. The terms and conditions governing the offering of this support, some of which require the payment of an additional fee, are subject to change as made available by Intuit from time to time. Consult the Intuit Support website (currently, http://support.intuit.ca) for the most up-to-date information relating to this support and any associated charges.

4. CONSUMER INFORMATION/PRIVACY

The details of Intuit's Privacy Policy relating to the Services are set forth at www.intuit.ca/en/intuit/privacy_index.jsp.

Questions about the Software Privacy Policy, our information practices or other aspects of privacy should be directed to www.intuit.ca/en/intuit/privacy_index.jsp or Intuit Canada ULC c/o Privacy Officer,
5100 Spectrum Way, Mississauga, ON L4W 5S2

We may use device-printing technology on your connected computer or mobile device to recognize the device to detect and prevent fraudulent activity. We may report and share information about your account and your connected device to credit bureaus, consumer reporting agencies, fraud prevention associations and card associations. Late payments, missed payments, or other defaults on your account may be reflected in your credit report and consumer report. We may also share information with other companies, lawyers, credit bureaus, agents, government agencies and card associations in connection with issues related to fraud, credit or debt collection.

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

5. Trademarks/Copyrights.

Intuit, the Intuit logo, ImpôtRapide, TurboImpôt, TurboTax and the TurboTax logo, among others, are registered trademarks and/or service marks of Intuit Inc. in the United States and/or Canada and other countries. QuickTax is the registered trademark of LexisNexis Canada Inc., used by Intuit Canada under license.

Copyright © 2017 Intuit Canada ULC or one of its affiliates. All rights reserved.

October 2017