terms of use

Welcome to the Intuit Innovation Community Web site (the “Site”).  You acknowledge that these Terms of Use, together with Intuit’s Privacy Policy (collectively, the “Terms”) govern your use of the Site. Your access to the site in any way is evidence of your acceptance of the Terms and the enforcement of said Terms. If you do not agree to these terms and conditions, please do not use the Site.  Intuit reserves the right at any time and from time to time to modify, suspend or discontinue, temporarily or permanently, the Site (or any part thereof) effective upon posting of the modified Terms on the Site. Intuit also reserves the right to waive or modify any of these Terms as they apply to a specific posting or member without affecting the application of these Terms to all other postings and members. “Postings” means, but is not limited to, any text, links, images, communications, opinions, software, data, and any other content any person provides on the Site, including, but not limited to message boards, chats (discussion forums), blogs, wiki pages, personal web pages and/or other message or communication facilities designed to enable you to communicate with others.  Your continued use of the Site or any materials or services accessible through it, after such posting or notification means you accept the modifications. You agree that Intuit shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site. Any violation of these Terms may result in the suspension or termination of your right to access the Site.

Personal Use and Registration

Intuit grants you permission to access and use the Site. Your permission to use the Site does not include any resale or commercial use of the Site or its contents whether provided by Intuit or registered users contributing content in message boards, chats, blogs, wikis or other consumer-generated-content tool; or any derivative use of this Site or its contents; or any use of data mining, robots or similar data gathering and extraction tools or processes. You agree not to store in any form, distribute, transmit, display, reproduce, modify, create derivative works from, sell or otherwise exploit any of the content on this site for any commercial purpose. By using the Site, you warrant to Intuit that you will not use the Site, or any of the content obtained from the Site, for any purpose that is unlawful or prohibited by these Terms. If you violate any of these Terms, your permission to use the Site automatically terminates.

No registration is required in order to access the Site to read postings on the message boards. However, registration and login are required in order to post to the message boards and adjust user settings. As part of the registration process, you are required to select and use only one username.  The information that you supply during the registration process must be accurate and complete and you agree not to (i) register under the name of another person; (ii) choose a user name that may be deemed offensive; (iii) choose a username for the purposes of deceiving or misleading Site users as to your true identity; or (iv) choose a user name that incorporates a solicitation (e.g., yoursitedotcom, yourproduct, yourservices); or (v) violates the intellectual property or other rights of any person or entity. You agree to not impersonate any other person, including any other Site user, Moderator (defined below) or any Intuit employee, officer or director. In consideration of your use of the Site, you agree all information provided in your profile is accurate, true, current and complete. You must maintain and promptly update your registration data as necessary to keep it true, accurate, current and complete. Intuit may terminate your account if any of the information provided is found to be inaccurate, false, out of date, or incomplete.

Keeping Personal Information Private

The e-mail address you supply will be used to process your registration. We will not use it to send any marketing material, nor sell it to any third parties to send you marketing material. Any postings that you place on the Site are posted at your own risk, and can be obtained and used by others. Do not reveal information that you do not want to make public, such as by posting your contact information or email address on the Site. Intuit disclaims any responsibility or liability arising from your disclosure of such personal information, or any other information, in your postings. Intuit reserves the right to remove any postings on the Site containing phone numbers, street addresses or otherwise personally identifying information as it cannot verify such information or confirm the desire of said information to be posted by the individual to which this information pertains. At Intuit, we respect and protect the privacy of our customers and those who use our Web sites. Intuit’s Privacy Statement provides details of our approach to privacy and how we collect, use and protect your personal information. For more information, please see our Privacy Statement at www.intuit.com/privacy.

Content and Registered User Generated Content Management

Intuit has no obligation to monitor the Site. However, Site Moderators may monitor the Site’s postings. Site Moderators do not pre-screen postings, monitor on a “real time” basis or edit postings made to the Site. As a user, you may see content that is offensive or objectionable.  Each user must evaluate and bear all risks associated with the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. Please report objectionable content to the Site via our contact page by leaving a comment on the blog.

Intuit and the Site staff reserves the right to review any postings and to remove or refuse to remove or post any postings in its sole discretion. You understand that the content within the Site is based on individual opinion and experience, which may vary significantly from one person to the next. Intuit does not endorse or guarantee the accuracy of any posting or other content on the Site. You agree that Intuit is not responsible for the accuracy of the content of the Site and will not be liable for any damages incurred as a result of the submission or use of any such content.

Registered users may include hypertext links in postings to content hosted and maintained by third parties so long as the content on such sites, if posted in the Site, would not violate the Terms. Intuit exercises no control whatsoever over such other websites and web-based resources and is not responsible or liable for the availability thereof or the content, advertising, products or other materials thereon. Your access to any linked sites is at your own risk. You should use your own judgment before you use any link or access any linked site.

From time to time we may communicate with you personally concerning your participation in the Site or related matters. Those communications are not intended to be made public, and you agree not to post or otherwise disseminate those communications on the Site or elsewhere on the Internet.

You grant Intuit, its respective subsidiaries, affiliates, successors, assigns, licensees, resellers and other such parties as Intuit may designate from time to time, a royalty-free, perpetual, irrevocable, non-exclusive, transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display postings (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.

By submitting ideas, testimonials, opinions, suggestions or any other material to the Site, you agree that Intuit will treat such submissions as non-confidential, that Intuit can use such submissions without any compensation to you or to any other person or entity, and that Intuit may have already developed, or is in the process of developing, and is not restricted in any way from developing and marketing, products, services, functions, features or plans similar to or competitive with any described in such submissions from you. You also agree that you are free to provide your opinion or suggestion to us.

By submitting a Posting that contains photographs, images, pictures or that are otherwise graphical in whole or in part (“Images”) you warrant and represent that (a) you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of your use and as otherwise permitted by these Terms, (b) you have the rights necessary to grant the licenses and sublicenses described in these Terms, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images. By Posting Images, you grant Intuit and its respective subsidiaries, affiliates, successors, assigns, licensees, resellers and other such parties as Intuit may designate from time to time, a non-exclusive, world-wide, perpetual, royalty-free license to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Images without having your name attached to such Images, and the right to sublicense such rights to any supplier of the Site, in any manner and in any media, for any purpose, as long as such use relates to Intuit branded software and/or services.

Site Moderators

Intuit provides Moderators for the Site (“Moderators”), who are the only authorized representatives of Intuit on the Site. Intuit employees who are not assigned as Moderators are not authorized to represent themselves on the Site as Intuit employees, and do not provide official Intuit responses to questions.  Any postings by an Intuit employee, other than those designated as Moderators, are those of such employee and do not represent the ideas and opinions of Intuit.  Intuit does not endorse and is not responsible for any postings provided by any Intuit employee who is not designated as a Moderator.

Moderators do not and cannot respond to every post or e-mail. The Site is a place for users to help users.

Community Watch

We do ask that you help us keep this Site honest, tolerant and considerate. If you see anything violating these Terms, leave a coment with the date and location of any offending messages in a comment on our intuitlabs.com/blog. Repeat offenders will be contacted by e-mail and eventually banned from the Site. If violations are egregious (wide-scale spamming, or of pornographic/inappropriate nature) we will contact the appropriate authorities. Also be sure to visit the SEC’s site [www.SEC.gov]. This excellent site will assist you in detecting online fraud as well as giving you instructions on reporting it. Another good resource is the National Fraud Information Center [www.fraud.org].

Site Conduct

The Site provides an opportunity for Intuit customers to exchange information. To create the environment for that information exchange to occur, it’s essential that everyone follow certain basic guidelines and rules of conduct. These Terms explain what is expected of you and what you can expect from other participants when using the Site so that everyone gets the maximum benefit from their participation.

Use Your Common Sense. Visitors to these boards can include everyone from tax experts and software programmers to college students who are unfamiliar with tax forms.  As a result, some posting will reflect considerable tax and/or technical experience and insight, while others may be unintentionally, or even intentionally, inaccurate.  It’s your responsibility to use your *good judgment* when deciding how to evaluate and act on the opinions and information offered in the Site. Remember… you can’t be sure that other users are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated.

Be Thoughtful About Your Postings. The Site benefits from postings that express well-reasoned opinions or thoughtful insights, and are relevant to the forum. Some tips on starting a great thread include:

• Don’t just ask a question. Share your insights.
• Respond to the specific issues raised in previous posts.
• Provide some details or other facts to explain your point (i.e.: error message)

No inappropriate material, spam, or attacks! By participating in the Site you agree that you will not upload, post or otherwise transmit any content (including text, links, communications, software, images, sounds, data or other information) that:

Contains Inappropriate Content such as:
• Profanity in subject lines signatures, within messages or member names
• Posting any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable material of any kind.
• Discussion of illegal activity, or posting links to other websites that deal with such activities
• Copyright or other intellectual property violations
• Post or transmit any information or software which contains a virus, Trojan horse, worm or other harmful component
• Post a link that directs users to any content or information that, if posted in the Site, would constitute a violation of these Terms

Spams
• Advertisements for other web sites and services; commercial solicitation
• Chain letters, pyramid schemes, or stock offerings
• “Bombing” the forums or individual threads with repetitive, pointless posts
• Excessive cross-posting (this is considered spam)
• Posts which are completely unrelated to the forum in which they are posted (These may be moved, if appropriate)

Attacks
• “Flaming” other members with the apparent intent of inciting or perpetuating a conflict or argument; attacks of any kind, shape or form
• Creating usernames to attack other users’ identities (i.e. choosing a name almost identical for purposes of impersonation, slamming on someone through your name choice).
• Impersonating other individuals or false representation
• Posts made under secondary usernames or other aliases for the purpose to either supporting or belittling others
• Posts which breach another member’s privacy, i.e. containing personal and sensitive information (e.g., name, address, phone and social security numbers).

Rights of Third Parties.  You may not submit postings, including forms, software, derivatives works of software or property, photos or images, that infringe in any manner on the copyright, trademark or intellectual property rights of any person or entity, or that contain any confidential or proprietary information of any person or entity, or that otherwise violate the legal rights of any person or entity. You may insert hyperlinks in your postings for registered users to access copyrighted material for informational purposes—but, except for quotes of reasonable length, you may not post such materials in the Site itself. You may not use the Site to distribute unauthorized copies of copyrighted material, including photos, artwork text, recordings, designs, computer programs or derivative works of such programs.

Although Intuit does not and cannot pre-screen or review every posting, and is not responsible for their content, Intuit reserves the right to investigate any violation of the Terms and take appropriate remedial action including, but not limited to, deleting any posting for any reason whatsoever.

Termination of Access

Your privilege to use or access the Site may be terminated by Intuit immediately and without notice if you fail to comply with any term or condition of the Terms. Upon such termination, you must immediately cease accessing or using the Site and agree not to re-register or otherwise make use of the Site. Furthermore, you acknowledge that Intuit reserves the right to take action—technical, legal or otherwise—to block, nullify or deny your ability to access the Site. You understand that Intuit may exercise this right in its sole discretion.

Disclaimer of Warranties and Limitation of Liability

MOST OF THE CONTENT POSTED TO THE INTUIT FORUM IS PROVIDED BY REGISTERED THIRD PARTIES NOT AFFILIATED WITH INTUIT. SUCH THIRD-PARTY CONTENT IS THE SOLE RESPONSIBILITY OF THE PERSON ORIGINATING THAT CONTENT. INTUIT DOES NOT CONTROL, AND IS NOT IN ANY WAY, RESPONSIBLE FOR THIS THIRD-PARTY CONTENT. ADDITIONALLY YOU AGREE THAT INTUIT IS NOT LIABLE FOR AND YOU SHALL INDEMNIFY AND HOLD INTUIT, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES HARMLESS FROM ANY CLAIM, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF CONTENT YOU SUBMIT, POST, TRANSMIT OR MAKE AVAILABLE THROUGH THE SITE, YOUR USE OF THE SITE, YOUR VIOLATION OF THESE TERMS OF USE OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER.

THE CONTENT ON THE SITE IS “AS IS” AND CARRIES NO WARRANTIES. INTUIT DOES NOT WARRANT OR GUARANTEE THE ACCURACY, RELIABILITY, COMPLETENESS, USEFULNESS, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR QUALITY OF ANY CONTENT ON THE SITE, REGARDLESS OF WHO ORIGINATES THAT CONTENT. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOU BEAR ALL RISKS ASSOCIATED WITH USING OR RELYING ON THAT CONTENT. INTUIT WILL NOT BE LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY CONTENT POSTED ON OR LINKED FROM THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN CONTENT, OR FOR ANY LOSSES OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF OR RELIANCE ON ANY CONTENT. INTUIT DOES NOT WARRANT THAT THE SITE IS SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, OR OTHER LIMITATIONS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INTUIT AND ITS REPRESENTATIVES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOSS OF BUSINESS, TELECOMMUNICATION FAILURES, LOSS, CORRUPTION, SECURITY OR THEFT OF DATA, LOSS OF PROFITS OR INVESTMENT, TAX POSITIONS TAKEN BY YOU, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY OR OTHERWISE, EVEN IF INTUIT 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. 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 THE SITE WITHOUT SUCH LIMITATIONS.

Miscellaneous

The Terms are a complete statement of the agreement between you and Intuit, and set forth the entire liability of Intuit and your exclusive remedy with respect to your access and use of the Site. In the event of a conflict between these Terms of Use and either the Intuit Privacy Statement, these Terms of Use shall prevail. The agents and employees of Intuit are not authorized to make modifications to the Terms, 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 the Terms. 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 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.  This Agreement does not limit any rights that Intuit may have under trade secret, copyright, patent or other laws.